Courses offered by the School of Law are listed on the Stanford Bulletin's ExploreCourses web site under the subject codes LAW and LAWGEN.
The School of Law, established in 1893, provides a legal education for students who are fitted by their maturity and academic training to pursue professional study under University methods of instruction. The curriculum leading to the first professional degree in law, the Doctor of Jurisprudence (J.D.), constitutes an adequate preparation for the practice of law in any English-speaking jurisdiction. Graduate work leading to the degrees of Master of Laws (L.L.M.), Master of the Science of Law (J.S.M.), and Doctor of the Science of Law (J.S.D.), and a non-professional degree, Master of Legal Studies (M.L.S.), is also offered. For the full curriculum, see the Course Schedule & Description on the Law School web site. Stanford Law School offers joint or dual degree options in combination with other Stanford graduate departments and universities across the country; see the "Joint and Dual Degrees in Law" section of this bulletin.
The school is on a three-term academic calendar. For a complete list of academic dates see the Academic Calendar on the Law School web site.
For further information about admission, programs, curriculum, and faculty, see the Law School web site.
Joint and Dual Degrees in Law
Formal admission to both the Law School and to the other cooperating school or department in accordance with the established admission standards of each school or department is required. In addition to the established joint degree programs offered, the school considers requests for a dual program on an individually designed basis. For additional information on Law School joint or dual degree programs, see the Law School web site. See relevant web sites or department sections of this bulletin for degree requirements.
Graduate School of Business
- See the GSB's M.B.A. web site
- J.D./M.B.A. Master of Business Administration
- J.D./Ph.D. Business Administration
School of Earth Sciences
- J.D./M.S. Interdisciplinary Program in Environment and Resources (E-IPER)
- J.D./Ph.D. Interdisciplinary Program in Environment and Resources (E-IPER)
School of Education
J.D./M.A. Education
School of Engineering
- J.D./M.S. Bioengineering
- J.D./Ph.D. Bioengineering
- J.D./M.S. Computer Science
- J.D./M.S. Electrical Engineering
- J.D./M.S. Management Science and Engineering (MS&E)
- J.D./Ph.D. Management Science and Engineering (MS&E)
School of Humanities and Sciences
- J.D./Ph.D. Communication
- J.D./M.A. Economics
- J.D./Ph.D. Economics
- J.D./M.A. History
- J.D./Ph.D. History
- J.D./M.A. in degree granting programs in Stanford Global Studies (SGS):
- African Studies
- East Asian Studies
- Latin American Studies
- Russian, East European and Eurasian Studies
- J.D./M.A. International Policy Studies
- J.D./Ph.D. Modern Thought and Literature
- J.D./Ph.D. Philosophy
- J.D./Ph.D. Political Science
- J.D./Ph.D. Psychology
- J.D./M.P.P. Public Policy
- J.D./Ph.D. Sociology
School of Medicine
- J.D./M.S. Health Research and Policy (HRP)
- J.D./M.D. Medicine
-
J.D./Ph.D. Neurosciences
Cooperative Programs with Other Universities
Stanford J.D. students have also pursued degrees at other universities such as the Harvard Kennedy School, Johns Hopkins School of Advanced International Studies, and Princeton Woodrow Wilson School. The approval process for such a cooperative program begins after the student has been admitted, independently, to both programs. Students may enroll in either a joint degree among schools at Stanford or in a degree from an external university, but a student may not enroll in both a Stanford JDP and a cooperative program with another university.
Courses in Law
Some Law courses have special enrollment instructions and restrictions, but many Law courses are open to qualified graduate students in other departments of Stanford University with instructor consent. Non-Law students may not enroll in courses that are part of the required first-year J.D. curriculum. Stanford non-Law students intending to enroll in any course with a LAW subject code must consult the Office of the Law School Registrar in the Stanford Law School Administration Building, room 100, or see the Stanford Law School, Office of the Registrar web site.
Emeriti: (Professors): Janet Cooper Alexander, Barbara Allen Babcock, Wayne G. Barnett, Paul Brest, Gerhard Casper, Joshua Cohen, Richard Craswell, Lance E. Dickson, Marc A. Franklin, Jack H. Friedenthal, Ronald J. Gilson, Robert A. Girard, William B. Gould IV, Thomas C. Grey, Thomas C. Heller, Margaret Jane Radin, Byron D. Sher, William H. Simon, Michael S. Wald
Dean: M. Elizabeth Magill
Vice Dean: Mark G. Kelman
Associate Dean of Clinical Education: Juliet M. Brodie
Associate Dean for Curriculum: Nora Freeman Engstrom
Associate Dean for Global Programs: Robert M. Daines
Associate Dean for Graduate Studies: Deborah R. Hensler
Associate Dean for Strategic Planning: George Triantis
Senior Associate Dean for Administration and Chief Financial Officer: Frank Brucato
Senior Associate Dean for External Relations: Julia Erwin-Weiner
Associate Deans: Diane Chin, Faye Deal, Sabrina Johnson, Susan Robinson, Jory Steele
Professors: Michelle Wilde Anderson, Joseph Bankman, R. Richard Banks (on leave), G. Marcus Cole, Robert M. Daines, Michele Landis Dauber, John J. Donohue III, David Freeman Engstrom (on leave spring), Nora Freeman Engstrom, George Fisher, Richard T. Ford, Barbara H. Fried, Lawrence M. Friedman, Paul Goldstein (on leave spring), Robert W. Gordon, Henry T. Greely, Joseph A. Grundfest, Deborah R. Hensler (on leave autumn), Daniel E. Ho (on leave winter), Pamela S. Karlan, Mark G. Kelman, Amalia D. Kessler, Daniel P. Kessler, Michael Klausner (on leave winter/spring), Mark A. Lemley, Robert MacCoun, M. Elizabeth Magill, Lawrence C. Marshall, Jenny S. Martinez, Michael W. McConnell, Michelle Mello, Bernadette Meyler (on leave autumn), Curtis Milhaupt, Alison D. Morantz, Nathaniel Persily, Joan Petersilia, A. Mitchell Polinsky, Robert L. Rabin (on leave autumn), Deborah L. Rhode (on leave winter), Jane Schacter, David A. Sklansky, Norman W. Spaulding, James F. Strnad II, David Studdert, Alan O. Sykes, Barton H.Thompson, Jr., George Triantis (on leave autumn), Barbara van Schewick, Robert Weisberg
Associate Professors: Lisa Larrimore Ouellette, Shirin Sinnar
Assistant Professors: Gregory Ablavsky, Rabia Belt, Jacob Goldin, Colleen Honigsberg
Professors (Teaching): Juliet M. Brodie, James Cavallaro, Jeffrey L. Fisher, William S. Koski, Phillip R. Malone, Jay A. Mitchell, Deborah A. Sivas (on leave autumn), Jayashri Srikantiah
Associate Professors (Teaching): James Sonne, Ronald C. Tyler
Senior Lecturers: Janet Martinez, Allen S. Weiner, Beth Williams
Professors of the Practice of Law: Lucas Guttentag, Erik G. Jensen, A. Douglas Melamed, David W. Mills, Dan Reicher
Courtesy Professors: Jennifer Eberhardt, David Larcker, Jack Rakove
Courtesy Associate Professor: Michael Genesereth
Courtesy Assistant Professor: Keith Winstein
Visiting Professors: Michael Asimow, William Baude, Binyamin Blum, Mariano-Florentino (Tino) Cuéllar, Siegfried Fina, Laurie Hodrick, Joshua Kleinfeld, Burt Neuborne, Rogelio Perez-Perdomo, Jedediah Purdy, Zahr Said
Thomas C. Grey Legal Research and Writing Instructors: Sarah Duranske, Mugambi Jouet, Ji Seon Song, Andrea Wang, Justin Weinstein-Tull
Lecturers: Adam Abelkop, Fred Alvarez, Marilyn Bautista, Jeanine Becker, Brian Blalock, Lauren Brady, Viola Canales, Lanhee Chen, Isaac Cheng, Ronald Chen, Diane Chin, Cristina Dos Santos, Lisa Douglass, Jason Du Mont, Randee G. Fenner, Jay Finkelstein, Tara Ford, David Forst, Simon Frankel, Laurence Franklin, Michelle Galloway, Albert Gidari, Ben Ginsberg, David Goldberg, Jonathan Greenberg, Margaret Hagen, Timothy H. Hallahan, Adam Halper, David Hayes, Todd Hinnen, Zeba Huq, David Johnson, Danielle Jones, Megan Karsh, Zachary Kaufman, Julie Matlof Kennedy, Sallie Kim, David Kleiman, Matthew Kline, Ken Kuwayti, Robin John Lee, Stuart Lipton, Goodwin Liu, Suzanne Luban, Grande Lum, Anna-Rose Mathieson, Diego Gil McCawley, Jason Meek, Jeanne Merino, Marion Miller, Dinsha Mistree, Nader Mousavi, Kimi Narita, William Neukom, Jessica Notini, Jef Pearlman, B. Howard Pearson, Lisa M. Pearson, Sara Peters, Brenna Powell, John G. Quigley, Kirupa Pushparaj, Stephan Ray, Mark Reinstra, Susan Robinson, Michael Romano, Betty Rowe, Tom Rubin, Richard Salgado, Ticien Sassoubre, Alicia Seiger, Geoff Sigalet, Rachelle Silverberg, Stephanie Smith, Lance Sorensen, Michelle Sonu, Shanin Specter, Sergio Stone, Kimberly Summe, Laura Tam, Dan, Tan, Alicia Thesing, Valicia Trowbridge, John True, Adine Varah, Claret Vargas, Lisa Weissman Ward, Spencer Williams, Bryan Wilson, Andrew Winden, Joseph Yang, Alex Zhang
Affiliated Faculty: Alexandria Boehm (Engineering), Svetlana Bryzgaloval (GSB), Kate Bundorf (Health Research and Policy), Francis "Vic" Stanton (GSB)
Law General Courses
LAWGEN 105Q. Law and Popular Culture. 3 Units.
(Same as AMSTUD 105Q) This seminar focuses on the interface between two important subjects: law and popular culture. Before class, students will see a series of films or television shows relating to law, lawyers, and the legal system. There is also a weekly homework assignment based on materials in the assigned text and the assigned film or TV show. We will discuss the pop culture treatment of subjects such as the adversary system, good and bad lawyers, female and gay lawyers, the work life of lawyers, legal education, ethical issues, the jury system, and criminal and civil justice. The seminar discussions will draw on film theory and film-making technique to deepen understanding of the interrelationship between law and popular culture. The discussions will illuminate the ways in which pop culture products both reflect and change social views about law and lawyers. The assigned text is Michael Asimow & Shannon Mader, "Law & Popular Culture: A Course Book" (Peter Lang, 2d edition, 2013).
Same as: AMSTUD 105Q
LAWGEN 112N. Law and Inequality. 3 Units.
Most Americans know that discrimination on the basis of race, sex, and religion is unlawful. Seems simple enough. But advertisements in the back of newspapers still announce: "Single White Female Seeks Single White Male?" Isn't that discrimination on the basis of race and sex? Most businesses don't consider men for women's locker room or bathroom attendant. And why aren't those men and women's bathrooms and locker rooms illegal segregation? After all we know what would happened if some business set up separate bathrooms for blacks and whites. Isn't it discrimination for an employer to insist that men wear a jacket and tie and women wear nylons and a skirt? Why are some forms of discrimination unlawful and others not? Why is discrimination against short people, overweight people, or people with annoying personalities not against the law? We will answer these and many other questions by looking at court cases, legal theory, and philosophy. We may also have conversations with guest lecturers who work in civil rights enforcement, and the seminar may include a field trip to visit the offices of civil rights lawyers (lawyers tend to be busy people so these opportunities will depend on their schedules). Class participation and a short final paper are required, but here are no prerequisites other than an open mind and a willingness to delve into unfamiliar material.
LAWGEN 115N. Human Rights Advocacy. 3 Units.
What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in human rights advocacy? In the space of seven decades, human rights advocates have transformed a marginal utopian ideal into a central element of global discussion, if not practice. In this seminar we will examine the actors and organizations behind this remarkable development as well as the vast challenges faced by advocates in the recent past and today. Together, we will learn to be critical of, as well as to think, and act, like human rights advocates. This seminar will introduce you to some the main debates and dilemmas within the human rights movement. We will consider and understand the differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the frequently non-western) developing world, as well as tensions between and among rights advocates along other important dimensions (civil and political vs. economic, social and cultural rights; rights promotion through engagement of powerful actors vs. challenging structures of power, etc.). The seminar seeks to develop your ability: 1) to understand human rights and social justice issues as contested political, legal and cultural phenomena; 2) to review advocacy texts, videos and other interventions critically; 3) to appreciate the political dimensions of efforts to promote human rights; 4) to understand how recent history constrains and structures options and possibilities for social intervention to promote rights and justice. During the course of the quarter you will be required to submit several short reflection papers and develop a human rights advocacy campaign.
LAWGEN 209Q. Community Police Academy. 1 Unit.
This course aims to demystify public safety, build trust, and develop partnerships between the police department and the community it serves. Each session is taught by a different deputy or staff member and is designed to expand each participant's knowledge of the duties, responsibilities, decisions, and constraints in the field of law enforcement. The class will discuss topics such as laws of arrest, search and seizure, alcohol laws (to be explored in a DUI wet lab), patrol procedures, officer safety, vehicle stops, CSI vs. reality, emergency communications, and defensive tactics and force options, culminating with a session of scenarios to bring the material to life. In addition to the weekly class, participants are invited to attend field trips, for more in-depth experiences. Past field trips have included the coroner's office, Palo Alto Communications dispatch center, and the San Jose Main Jail. The course is open to all Stanford students, staff, and residents over 18 years of age. While this course is open to all students throughout the University, the units will not count toward the requirements for a law degree. Special Instructions: Live Scan records check required. Go to police.stanford.edu/community-outreach.html for more information.
Law Courses
LAW 201. Civil Procedure I. 4 Units.
This course is part of the required first-year JD curriculum. This course is a study of the process of civil litigation from the commencement of a lawsuit through final judgment under modern statutes and rules of court, with emphasis on the federal rules of civil procedure. May include class participation, written assignments, or other elements. Your instructor will advise you of the basis for grading.
LAW 203. Constitutional Law. 3 Units.
This course is part of the required first-year JD curriculum. This course offers an introduction to American constitutional law. In addition to examining questions of interpretive method, the course focuses on the powers of the federal government and the allocation of decision making authority among government institutions, including both federalism and separation of powers. Class participation, attendance, written assignments, and final exam. This course is open to first-year Law School students only.
LAW 205. Contracts. 4 Units.
This course is part of the required first-year JD curriculum. It provides exposure to basic contract law. The course will identify the scope and purpose of the legal protection accorded to interests predicated on contract and will focus on problems of contract formation, interpretation, performance, and remedies for breach.
LAW 207. Criminal Law. 4 Units.
This course is part of the required first-year JD curriculum. It examines the traditional general issues in the substantive criminal law, including the purposes of punishment and the appropriate limits on the use of the criminal sanction. It focuses predominantly on how criminal statutes are organized around objective offense elements (conduct, causation, and attendant circumstances) and mental states, and to a lesser degree on inchoate crimes, complicity, justification and excuse.
LAW 217. Property. 4 Units.
This course is part of the required first-year JD curriculum. It deals with possession and ownership of land and with the incidents thereof, including private and public restrictions on its use and development, nuisance, trespass, concurrent interests, landlord and tenant, and eminent domain. Attendance and final exam. Your instructor will advise you of other basis of grading. This course is open to first-year Law School students only.
LAW 219. Legal Research and Writing. 2 Units.
Legal Research and Writing is a two-unit course taught as a simulation. Students work on a legal problem starting with an initial interview, and they conduct fact investigation and legal research related to that problem. Students receive rigorous training in reading and analyzing legal authority, and in using persuasive strategies--legal analysis, narrative, rhetoric, legal theory, and public policy--to frame and develop legal arguments. Students write predictive memos and persuasive briefs, and are introduced to the professional norms of ethics, timeliness, and courtesy. This course is part of the required first-year JD curriculum.
LAW 223. Torts. 4 Units.
This course is part of the required first-year JD curriculum. It considers issues involved in determining whether the law should require a person to compensate for harm intentionally or unintentionally caused. These problems arise in situations as diverse as automobile collisions, operations of nuclear facilities, and consumption of defective food products. Among other considerations, the course explores various resolutions in terms of their social, economic, and political implications.
LAW 224A. Federal Litigation: Coursework. 2 Units.
This course is part of the required first-year JD curriculum. It is an introductory course in the litigation process. Students represent the plaintiff or defendant in a simulated public interest case set in a federal district court that raises complex issues of federal civil procedure, privacy, and first amendment law. Students plan litigation strategy, draft pleadings, conduct discovery, write short briefs, and orally argue major motions for dismissal, class action certification, and preliminary injunctive relief. While developing students' written and oral advocacy skills, the course also focuses on substantive issues of civil procedure and constitutional law. Attendance, class participation and written assignments. This course is open to first-year Law School students only.
LAW 224B. Federal Litigation: Methods and Practice. 2 Units.
This course is part of the required first-year JD curriculum. It is an introductory course in the litigation process. Students represent the plaintiff or defendant in a simulated public interest case set in a federal district court that raises complex issues of federal civil procedure, privacy, and first amendment law. Students plan litigation strategy, draft pleadings, conduct discovery, write short briefs, and orally argue major motions for dismissal, class action certification, and preliminary injunctive relief. While developing students' written and oral advocacy skills, the course also focuses on substantive issues of civil procedure and constitutional law. Attendance, class participation and written assignments. This course is open to first-year Law School students only.
LAW 400. Directed Research. 1-4 Unit.
Directed Research is an extraordinary opportunity for students beyond the first-year to research problems in any field of law. The final product must be embodied in a paper or other form of written work involving a substantial independent effort on the part of the student. A student must submit a detailed petition of at least 250 words, approved by the sponsoring faculty member, outlining his or her proposed project and demonstrating that the research is likely to result in a significant scholarly contribution. A petition will not be approved for work assigned or performed in a course, clinic, or externship for which the student has or will receive credit. A petition must indicate whether the product is intended for publication in a law review or elsewhere. A student may petition for "Directed Research: Curricular Development" when the work involves assisting a Law School faculty member in developing concepts or materials for new and innovative law school courses. Both the supervising faculty member and the Associate Dean for Curriculum must approve petition for "Directed Research: Curricular Development." Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. Students whose projects warrant more than four units should consider a Senior Thesis or the Research Track. See SLS Student Handbook for requirements and limitations. With the approval of the instructor, a directed research project of two-units or more may satisfy one research writing course (R course). Elements used in grading: As agreed to by instructor. Directed Research petitions are available on the Law School Registrar's Office website (see Forms and Petitions).
LAW 403. Senior Thesis. 5-8 Units.
An opportunity for third-year students to engage in original research and to prepare a substantial written-work product on the scale of a law review article. The thesis topic should be chosen no later than two weeks after the beginning of the seventh term of law study and may be chosen during the sixth term. The topic is subject to the approval of the thesis supervisor, who may be any member of the Law School faculty under whose direction the student wishes to write the thesis and who is willing to assume the responsibility therefor. An oral defense of the thesis before members of the faculty, including the thesis supervisor, will be conducted late in the student's ninth academic term. Acceptance of the thesis for credit requires the approval of the thesis supervisor and one or more other members of the faculty who will be selected by the supervisor. Satisfactory completion of the senior thesis will satisfy graduation requirements to the extent of (a) 5 - 8 units of credit and (b) two research courses. The exact requirements for a senior thesis are in the discretion of the supervising faculty member. Special Instructions: Two Research credits are possible. Elements Used in Grading: Paper.
LAW 406. Research Track. 9-12 Units.
The Research Track is for students who wish to carry out a research project of a scope larger than that contemplated for a Senior Thesis. Research Track projects are to be supervised by two or more professors, at least one of whom must be a member of the Law School faculty. At least one faculty member in addition to the supervisors must read the written product of the research, and the student must defend the written work orally before the readers. Students will be admitted to Research Track only if they have a demonstrated capability for substantial independent research, and propose a significant and well-formulated project at the time of application. Special Instructions: Two Research credits are possible. Elements Used in Grading: Paper.
LAW 411. Directed Writing. 1-4 Unit.
Teams of students may earn "Directed Writing" credit for collaborative problems involving professional writing, such as briefs, proposed legislation or other legal writing. Only projects supervised by a member of the faculty (tenured, tenure-track, senior lecturer, or professor from practice) may qualify for Directed Writing credit. It will not necessarily be appropriate to require each member of the team to write the number of pages that would be required for an individual directed research project earning the number of units that each team member will earn for the team project. The page length guidelines applicable to individual papers may be considered in determining the appropriate page length, but the faculty supervisor has discretion to make the final page-length determination. Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. A petition will not be approved for work assigned or performed in a course, clinic, or externship for which the student has or will receive credit. Special Instructions: A Directed Writing project may not count as the equivalent of a "PW" (Professional Writing) course.
LAW 681C. Group Behavior. 1 Unit.
This discussion group will look at how ethical choices are shaped by organizational and group cultures. We'll read about some famous psychological experiments such as the Milgram and Zimbardo experiments; and some studies of decisions made in corporate organizations, government bureaucracies, and a battalion of ordinary middle-class Germans tasked with hunting down Jews; and talk about what insights from this work may be relevant to lawyers' ethics and working lives. Begin in Winter Quarter and run through Spring Quarter. Meeting Time: Wednesdays, 7:30 to 9:30 p.m. Meeting Dates: TBD. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
LAW 681J. When Bad Things are Done by Good People. 1 Unit.
Some people live their lives in a manner that would lead few to declare them good people. From Tony Soprano to Saddam Hussein to Bernie Madoff, we are all familiar with individuals who have made crime and violence a constant in their lives. There are far more people, though, who try generally to live good lives, but find themselves having acted or having failed to act in ways that are widely condemned as evil. In the first four of our five meetings, we will be looking (through some books, reports and films) at case studies of such circumstances, including (a) those in authority who have covered up evidence of sexual abuse; (b) prosecutors who have ignored evidence of a defendant's innocence, (c) lawyers who have turned blind eyes to client misconduct, and (d) soldiers who have committed acts they would have once found unimaginable. In our fifth session we will consider contrasting case studies of individuals who resisted great pressure and kept their moral compasses well-calibrated. Throughout our inquiry, we will reflect in particular on the power of institutions and authority in affecting ethical mores. Winter Quarter. Class meeting dates: Five Wednesday Evenings from 7:00 to 9:00 p.m. (precise dates TBD). DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
LAW 681U. Injuries. 1 Unit.
Very generally speaking, we try, as individuals, to avoid injuring people and, collectively, to adopt policies that minimize injury, in the sense that we don't want to make people worse off, in some hedonic sense, or deprive them of options or capacities that we think they ought to have. Moreover, our legal system frequently compensates people who are injured (and therefore must ascertain if, and how badly, they are injured.)What we get the chance to investigate and discuss in this discussion group is what we mean when we say that people are injured by some particular practices or outcomes that might seem, without much reflection, to be obviously injurious. More particularly, we will discuss five issues: (1) In our first session, we will work out the implications of an academic literature that seems to explore what I see to be one of the finest of one-line jokes ("Nothing matters, and what if it did?"). The literature on hedonic adaptation might seem to suggest that we can neither injure others nor improve their lots: very quickly, people return to a (generally mildly positive) fixed equilibrium state even when seemingly very good or very bad things happen to them. We will explore the literature and its limits. (2) In the final four sessions, we will explore four conditions or practices that seem intuitively injurious and problematic and try to figure out more precisely what might be bad about them, or whether they are actually injurious in the ways that we might at first think: we will explore what is injurious about poverty, discrimination, sexual harassment, and even the big one, death. Begin in Winter Quarter and run through Spring Quarter. Class times will be determined: 3 in winter and 2 in spring, on an evening that works for all those enrolled. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 682A. Authoritarianisms. 1 Unit.
What is authoritarianism? What is the authoritarian personality? In what social, psychological, economic, and political climates does authoritarianism take root and become an object of desire? In what ways does the rule of law bend to and even reflect authoritarian impulses? Although it is common to think of constitutionalism as anti-authoritarian, and of authoritarianism as anathema to constitutionalism (after all, what do formal legal "constraints" on state power inscribed in fundamental law mean in an authoritarian state -- a state free to act as it wishes?), in what ways and to what ends have authoritarian and quasi-authoritarian regimes relied on constitutional law and in what ways do authoritarian impulses manifest in supposedly liberal democratic regimes? Finally, and crucially for our purposes, what roles have lawyers played in erecting and resisting authoritarianism? In this reading group we will address these questions through a wide range of source material in law, history, cognitive psychology, political theory, and fiction. Winter Quarter. Meeting Time: Tuesdays, 5:30 to 7:30 p.m. Meeting Dates: TBD. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Attendance and active participation are requirements of the seminar.
LAW 682B. Beyond Neoliberalism. 1 Unit.
Scholars' and policy makers' thinking about political economy evolves as one understanding of the role of government ceases to reflect people's aspirations and views of social reality and is superseded by another. The laissez faire thinking of the 19th century was replaced by Keynesian management in response to the Great Depression. After WWII, Keynesian thinking was challenged, by 'neoliberalism'---a challenge that began to achieve success in the 1970s in response to perceived failures of government, high inflation, and other economic and social woes. By the mid-1980s, neoliberalism had become the new conventional wisdom, and liberals as well as conservatives accepted its core premises: that society consists of atomized individuals competing rationally to advance their own interests; that this behavior, in aggregate, produces good social outcomes and economic growth; that free markets are therefore the best way to allocate societal resources and government should intervene only to remedy market failures. Disagreements about what constitutes such failures and about corrective interventions persisted, but the general premises were widely embraced by policymakers and politicians---the so-called Washington Consensus. Today, that consensus is breaking down. Neoliberal policies have generated profound wealth inequality and have little to offer to address the perceived threats of globalization and emerging technologies like artificial intelligence and robotics. But what should come next? Our readings in the course will explore a variety of themes related to these debates. How did neoliberalism come to dominate political discourse? What are its core tenets? What kinds of challenges are being presented to them, and what might an alternative approach to political economy for the 21st century look like? Winter Quarter. Five Monday Evenings from 6:30 - 8:30 (precise dates TBD). DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
LAW 682C. Law and Development: Poverty, Institutions, and Geopolitics. 1 Unit.
From economic grievances fueling conflict over territory to refugee emergencies to famine and heath inequalities, problems of regional and global development often implicate law in its various forms. In this discussion seminar, we explore some key ideas and examples that illuminate law's role in shaping development. Among other topics, we will examine the role of institutions in perpetuating or breaking the cycle of poverty; how geopolitical pressures affect domestic political and economic conditions; the relationship of health and wealth to well-being; the role of lawyers; and ethical questions bearing on law's role in development. Readings will include selections from academic and policy-oriented books and articles, as well as fiction and documentary films. Begin in Autumn Quarter and run through Winter Quarter. Class will meet Tuesdays and Wednesdays from 6:30 - 8:30 p.m. (precise dates TBD). DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Attendance and participation.
LAW 682D. Science and the Law. 1 Unit.
In an attempt to reach "correct," justified outcomes, areas of the law ranging from criminal justice to toxic torts look to science as a source of disinterested, objective fact. But while science is indeed at its heart a search for objective truths about the world, the incorporation of scientific results into legal institutions is often both fraught and unsatisfying. Problems may arise due to a misunderstanding of the underlying science by lawyers and judges, different norms in the legal and scientific worlds, or even for the simple reason that scientific results are not immutable but rather are often subject to reinterpretation and refinement. In this discussion group, we will explore a range of questions at the intersection of science and law. We will discuss how scientists reach consensus on the interpretation of research results, including the role of peer review and whether science is beset by a "replication crisis." We will compare how different legal processes incorporate scientific findings, ranging from active solicitation of expert input to independent research by legal decisionmakers. And, most importantly, we will discuss where and how these processes go wrong, and how communication from scientists to lawyers and policymakers might be improved. Spring Quarter. Class meeting dates: Five Mondays from 7:30 to 9:30 p.m. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Attendance at all sessions and participation.
LAW 682E. Tocqueville's Democracy in America. 1 Unit.
The young Frenchman Alexis de Tocqueville traveled extensively in the Jacksonian America of the 1830s, and wrote a two-volume book based on his observations. Widely regarded as the most perceptive commentary ever written on the character of the American republic, it deals with the social preconditions for democracy, issues of religion, race, and gender, the conflict between freedom and equality, and the potential danger of soft despotism. The assigned readings will be excerpts from the book. We will meet five Tuesday evenings during winter and spring quarters, from 6:30 to 9:00, at my home. Precise dates will be determined in consultation with the class. We will begin each session with an informal dinner at 6:30, leaving about two hours for discussion. I will ask two students to lead the discussion each session. Enrollment will be limited to eight students. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
LAW 682F. Understanding America. 1 Unit.
As the election of 2016 underscored, we in the United States live in a polarized and fractured society, where there is, increasingly, a lack of interaction, dialog, and understanding between groups. In this discussion seminar, we will try to escape our particular niches and enclaves to seek the perspectives of those who occupy different segments of contemporary American society. In so doing, we will engage fundamental questions about identity, difference, and how best to build a new pluralism. We will work with students to compile our final reading list, though the list will include some of the following: Ta-Nehisi Coates, Between the World and Me; J.D. Vance, Hillbilly Elegy: A Memoir of a Family and Culture in Crisis; George Packer, The Unwinding: An Inner History of the New America; Jessica Valenti, Sex Object; Arlie Hochschild, Strangers in Their Own Land; Katherine J. Cramer, The Politics of Resentment: Rural Consciousness in Wisconsin and the Rise of Scott Walker; Domingo Martinez, The Boy Kings of Texas; and T.M. Luhrmann, When God Talks Back: Understanding the American Evangelical Relationship with God. Begin in Autumn Quarter and run through Winter Quarter. Class meeting dates: Five Tuesday Evenings from 7:00 -- 9:00 (precise dates TBD). DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
LAW 801. TGR: Project. 0 Units.
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LAW 802. TGR: Dissertation. 0 Units.
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LAW 805F. Policy Practicum: Endstage Decisions. 1-3 Unit.
(Formerly Law 413Z) Medical decisions toward the end of life can be crucial and difficult for patients, doctors, and families. Law and medicine have been struggling to find ways to strike a balance between what the patients might want (or say they want), and what makes medical, economic, and ethical sense. One standard is the "Advanced Health Care Directive" (Directive), which guides doctors and surrogates (usually a family member) on what to do when faced with end-of-life dilemmas. Another form, adopted in just over half the states (including California) is the POLST (Physician Orders for Life-Sustaining Treatment). The two types are supposed to complement each other, but they are different in important ways. The Advanced Health Care Directive expresses what a person wants and/or appoints a surrogate in case the patient is unable to express her wishes. Anybody can fill out a Directive, at any time of life. Ideally, a copy goes to the surrogate, if one is appointed, and another to the primary care physician. The POLST form is meant for people who are seriously ill. The Directive (for example "no artificial nutrition by tube") is supposed to be controlling; the patient, of course, can change her mind; but there is no surrogate. It is an agreement between the patient and the doctor. Who uses these different forms? How effective are they? To what extent and in what situations are they useful? Working closely with Stanford Hospital as the client, students will not only look at current literature on the topic and build on past practicum research, but also conduct interviews with doctors, nurses, and other health care specialists with the goal of finding out what local hospitals and nursing homes are doing. The aim is to get a more realistic picture of the what one might call the living law of the Directive and the POLST. The ultimate goal is policy recommendations to improve the forms and associated laws and to examine alternative approaches. Elements used in grading: Class Participation, Final Paper. -- NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Directed Writing, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 805R. Policy Practicum: Rethinking Campus and School Title IX Policies and Procedures. 1-3 Unit.
Client: National Women's Law Center. This practicum continues policy research and advocacy undertaken in Spring 2017 (see description below). Day/Time: TBD scheduled in accordance with registered student availability. Students will refine and finalize policy and procedures , including suggestions from clients and stakeholders, and the priorities that emerged from "The Way Forward" Title IX Conference in Spring 2017 at Stanford Law School. We will seek further feedback from legal, survivor, and other stakeholder groups, and work in conjunction with the National Women's Law Center (NWLC) to disseminate the findings and recommendations to the target end-user groups. This Practicum builds on the skills of thinking about law in an integrated way and situating policy in a direct social context where it can be more readily applied. The project provides students with first-hand experience in gaining a broad and nuanced understanding of emerging social, legal, and policy dilemmas. Given all the controversy surrounding sexual assault on college campuses, surprisingly little is actually known about the policies and processes that are currently in use, nor any way of easily ascertaining what the majority of an institution's "peer schools" are doing with respect to solving a challenge or addressing an issue. There is no set of "best practices" to which school administrators can easily turn. The goal of the practicum is to produce a free, web-based, open-source set of adaptable model policies and procedures that are targeted to different market segments and stakeholders (i.e., large private, large public, small private, HBCU, community colleges, and k12). Enrollment is limited and preference will be given to students enrolled in the Spring 2017 Seminar/Policy Lab Practicum. Students from CS or EE or who have coding and have an interest in the design and building of the online platform would be welcome to join the Policy Lab as well. Over the past four years, the issue of campus sexual assault has exploded into the public discourse. While definitive figures are difficult to obtain due to the necessarily private nature of these events, several recent studies estimate that between 20-25% of college women (and a similar proportion of students identifying as transgender and gender-nonconforming, as well as around 5-10% of male students)experience sexual assault. Survivors have come forward across the country with harrowing stories of assault followed by an insensitive or indifferent response from college administrators, launching one of the most successful, and surprising, social movements in recent memory. Statistics are equally disturbing in the middle and high school context. As a result, the federal government has stepped up its civil rights enforcement in this area, with over 250 colleges and universities currently under investigation for allegedly mishandling student sexual assault complaints. At the same time, students accused of sexual assault have complained of botched processes driven by a "campus rape over-correction" that denied them a fair disciplinary hearing. It is clear that schools are struggling to develop and implement policies and procedures that satisfy their legal obligations in this area. This course focuses on the legal and policy issues surrounding the highly challenging area of investigation and adjudication of sexual assault and other gender-motivated violence on college campuses and in K12 schools. It covers the federal and state legal frameworks governing these procedures including Title IX, the Violence Against Women Act, and the Clery Act, and examines current cases as well as the rapidly evolving legal, federal regulatory, and political environment surrounding this issue. Guest speakers working in the area will help to broaden students' understanding of the subject matter. NOTES: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Directed Writing, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. Elements used in grading: Class Participation, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 805Y. Policy Practicum: Managing Gentrification. 2-3 Units.
Gentrification is a concern for policy makers in successful and diverse cities. Gentrification can improve neighborhoods that suffer from underinvestment, but it can also cause the displacement of long-term residents, cherished landmarks and long-standing businesses and it can make neighborhoods homogenous, sterile and less able to meet the day-to-day needs of their residents. A gentrifying city can be a city in the process of losing the variety and dynamism that made it attractive to investors and successful people in the first place. And of course, gentrifying cities are unaffordable to low-income residents. Because of rising rents, many neighborhoods in San Francisco are already unable to sustain such businesses as dry cleaners, laundry services, drug stores and affordable restaurants. A neighborhood with nothing but fancy wine bars, chic clothing shops, gourmet restaurants and trendy coffee houses selling $5 drip coffee is not in crisis, but a city with only such neighborhoods arguably is. This practicum builds on previous Policy Lab research, working closely with the San Francisco Mayor's Office of Housing and Community Development, to examine the challenges of gentrification in San Francisco. Issues include researching policy responses to the displacement of legacy businesses and non-profit enterprises and analyzing the effects of rising property values and rents on the diversity of businesses in San Francisco neighborhoods. Students interested in this policy lab should submit a consent form with a C/V and statement of interest to be reviewed by Professor Ford and San Francisco city officials. Students wishing to undertake R credit will perform additional research for a white paper analyzing the issues and results of the collective research. R credit is possible only by consent of the instructor. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Class Participation, Written Assignments, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 805Z. Policy Practicum: Rethinking INTERPOL's Governance Model. 2-3 Units.
Today, the international community faces increasingly complex security challenges arising from transnational criminal activities. Effective international cooperation among national and local police agencies is critical in supporting efforts to combat cross-boundary criminal threats like terrorism, human and drug trafficking, and cybercrime. INTERPOL---the world's largest international police organization'is constantly innovating to respond effectively to the world's evolving threat landscape. As a leader in global policing efforts, INTERPOL launched the INTERPOL 2020 Initiative to review the Organization's strategy and develop a roadmap for strengthening its policing capabilities. INTERPOL 2020 will provide the strategic framework to ensure the Organization remains a leader and respected voice in global security matters. This practicum will allow students to assist INTERPOL in modernizing its organizational structure to better fight cyber-crime and terrorism. Students in this practicum will contribute to the Strategic Framework 2017-2020, focusing on comparative governance practices for international organizations. The practicum will analyze decision-making processes within the organization and across other similar organizations (acknowledging their respective mandates) with respect to specific issues identified by INTERPOL. The work product developed during the course of this practicum will serve as part of a framework for INTERPOL to guide and support the development of its governance model. Students in practicum will work directly with INTERPOL clients (via Video-conferencing and email) and may have opportunities to travel to INTERPOL headquarters in Lyon for meetings with clients to develop our policy guidance and provide policy briefings. In addition, selected students in the practicum may have the opportunity to pursue internships and/or externships at the Office of Legal Affairs, INTERPOL General Secretariat in Lyon, France and/or at INTERPOL Global Complex for Innovation in Singapore. Open to graduate students from outside the Law School and, in exceptional cases, to advanced undergraduate students, the practicum seeks those who demonstrate strong interest and background in global security and international law, organizational behavior, and strategic management. This practicum takes place for two quarters (Fall and Winter). Although students may enroll for either one or both quarters, we will give preference to students who agree to enroll for both quarters. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class participation, Written Assignments, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Cross-listed with International Policy Studies (IPS 255).
LAW 806A. Policy Practicum: Voting Technology. 2-3 Units.
CLIENT: Committee on the Future of Voting of the National Academies of Sciences. The Committee on the Future of Voting is seeking Practicum research support for an exhaustive study of technology, standards, and resources for voting technologies, including challenges related to the 2016 election. As described on the website for National Academies of Science, Engineering, & Medicine, this "ad hoc committee, under the auspices of the Committee on Science, Technology and Law and the Computer Science and Telecommunications Board, will conduct a study that will: (1) document the current state of play in terms of technology, standards, and resources for voting technologies; (2) examine challenges arising out of the 2016 federal election; (3) evaluate advances in technology currently (and soon to be) available that may improve voting; and (4) offer recommendations that provide a vision of voting that is easier, accessible, reliable, and verifiable. The committee will issue a report at the conclusion of the study." Students in this Practicum will summarize the available literature and government reports on the state of voting technology and develop a bibliography to aid the Committee. The Practicum seeks to build a graduate team of students from law, computer science, and political science to examine issues specific to their academic areas. Students will meet regularly with Professor Persily one on one or in small teams, depending on the project. Additional information on the Committee can be found at the following link: http://sites.nationalacademies.org/PGA/stl/voting/index.htm. Students may enroll in any quarter and those seeking R credit may, with consent of the instructor, move from Section 1 (2 credits) to Section 2 (3 credits for R work), during the first week of the term. Elements used in grading: Class Participation, Final Paper.
LAW 806B. Policy Practicum: Developmental Disabilities: Rights and Funding Challenges. 3 Units.
In 1977, California became the first state in the US to grant individuals with developmental disabilities (DD) the right to the services and supports they need to live more independent and normal lives. The Lanterman Act, now codified in the California Welfare and Institutions Code, declared that "[a]n array of services and supports should be established which is sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community." To this day, California is the only state in which the right of individuals with DD to be supported in the least restrictive environment is construed as a civil right and an individual entitlement, not merely a right to "take a number and wait in line" until sufficient state resources become available to meet their service and support needs. To effectuate the goals of the Lanterman Act, California divides responsibility between the Department of Developmental Services (DDS), a state agency, and a network of twenty-one private, nonprofit corporations called "regional centers" that are funded by DDS. Each regional center serves a different area of the state, providing services and supports to individuals with developmental disabilities in the local community. DDS is responsible for monitoring the regional centers and ensuring that they implement the Lanterman Act. In the early years after the Act's passage, DDS (and in turn, the regional centers) were largely funded through the state's general fund. Since the mid-1980s, however, a sizable portion of funding has been provided by the federal government. Through a special waiver program under Medicaid, individuals with DD who would otherwise be forced to reside in institutions can receive the services and supports they need to live in the community. The federal spending cuts contemplated by the Trump Administration, however, could pose an existential threat to the viability of this system. If the funds available to California through the Medicaid waiver program are significantly curtailed, it will be far more difficult for the state to support the integration of individuals with DD into the community. This policy lab will explore whether -- and if so, how -- the civil rights and individual entitlement embodied in the Lanterman Act can be preserved in a reduced funding environment. Students will investigate the nature and scope of the rights provided under the Act; the corresponding obligations under the Act of the legislature, DDS, and regional centers; and the tools that different branches of state government might bring to bear to effectuate the goals of the Act if the funding available through Medicaid is significantly reduced. Our co-clients are Disability Rights California, a nonprofit founded in 1978 whose mission is to "educate, investigate, and litigate to advance and protect the rights of Californians with disabilities" (see http://www.disabilityrightsca.org/), and the California State Council on Developmental Disabilities, "established by state and federal law as an independent state agency to ensure that people with developmental disabilities and their families receive the services and supports they need . . . to live independently and to actively participate in their communities" (see https://scdd.ca.gov/). Students may elect to take the course for either three units of research (R) credit or three units of experiential learning (EL) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, Written Assignments, Final Paper. -- NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Directed Writing, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 806C. Policy Practicum: Fake News and Misinformation. 2-3 Units.
CLIENT: Hewlett Foundation Madison Initiative. This Practicum works closely with the Hewlett Foundation Madison Initiative on an exhaustive study of fake news, misinformation, disinformation and propaganda and their implications for democracy in America and around the world. The client, the Hewlett Foundation Madison Initiative, is developing a grant-making program for interventions in the spread of fake news and misinformation which also promote accurate information for a healthy, deliberative democracy. The Practicum builds on the work of a Spring 2017 Practicum, led by Senator Russ Feingold, which analyzed the roles of major online platforms -- Google, Facebook, Reddit, and Twitter -- in proliferating fake news and misinformation in the 2016 election. Students will contribute to that study with their own independent research focusing on such issues as self-regulation by the platforms, legal and regulatory frameworks, analysis of algorithms and user data, and other issues that arise with current events or through ongoing research findings. Students will undertake literature reviews, legal case analysis, investigations of business practices and algorithms associated with the relevant platforms, surveys of the roles of foreign governments, and analysis of policy proposals to combat fake news, misinformation, disinformation, and propaganda. In addition to law, students in the fields of communications, computer science, journalism, political science, and public policy are especially welcome to join the research team. Students will meet one on one with Professor Persily to frame their research and discuss their findings. Students may enroll in any quarter. Those law students seeking R credit may, with consent of the instructor, move from section 1 to section 2. Section 1 is open enrollment for any law or graduate student. Undergraduates may, in exceptional cases, be admitted to the Practicum with consent of the instructor. Elements used in grading: Class participation, Final Paper. NOTES: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Directed Writing, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook.
LAW 881. Externship Companion Seminar. 2 Units.
(Formerly Law 472) The practice of public interest law -- whether in the criminal or civil context, or a government or non-profit setting -- requires an attorney to consider a host of issues distinct from one in private practice. How should decisions be made about priorities with limited resources? Where an organization has a broad social justice mission, where does litigation on behalf of individual clients or a group of clients fit in? Prior to initiating litigation or advancing a defense, what quantum of evidence should an attorney require? What role, if any, should an attorney's personal beliefs play in a course of representation? Through directed supervision of their externships, as well as participation in weekly seminars, students will evaluate such questions in the context of their practical experience. Students are required to write weekly reflection papers of 2 to 3 pages. Elements used in grading: Attendance, class participation, weekly reflection papers and final reflection paper.
LAW 882. Externship, Civil Law. 5-12 Units.
(Formerly Law 474) Following approval of a student's application, the Civil Standard Externship Program (SEP) allows second and third year students to obtain academic credit for externing with select non-profit public interest, public policy, and government agencies in the Bay Area for one quarter. The Civil SEP allows students to (a) gain experience in a field where a clinical course is not offered, or (b) pursue advanced work in an area of prior clinical practice. Students may extern for 20, 24, 30, or 34 hours per week. For a complete description of the Civil SEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Students participating in the Civil SEP must also concurrently enroll in the Externship Companion Seminar (LAW 881). An externship that otherwise meets the criteria for obtaining EL credit will be approved for EL credit when the field placement provides specialized experience complementary to a student's intended career path and comparable benefits cannot be obtained through other EL coursework at Stanford. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of two to three pages.
LAW 883. Externship, Criminal Law. 5-12 Units.
(Formerly Law 475) Following approval of a student's application, the Criminal Standard Externship Program (SEP) allows second and third year students to work for credit in criminal prosecutors' and defenders' offices in the Bay Area for one quarter. Students may extern for 20, 24, 30, or 34 hours per week. For a complete description of the Criminal SEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Students participating in the Criminal SEP must also concurrently enroll in the Externship Companion Seminar. An externship that otherwise meets the criteria for obtaining EL credit will be approved for EL credit when the field placement provides specialized experience complementary to a student's intended career path and comparable benefits cannot be obtained through other EL coursework at Stanford. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of two to three pages.
LAW 884. Externship, Special Circumstances. 12 Units.
(Formerly Law 473) Following approval of a student's application, the Special Circumstances Externship Program (SCEP) allows second and third year students to work for credit for one quarter in non-profit public interest, public policy, and government agencies outside of the Bay Area. Standards for approval of a SCEP placement are similar to those for Directed Research proposals, although they are higher. Because there is a preference for local civil and criminal SEP placements (see LAW 882 and LAW 883), your SCEP proposal must explain (a) how it meets the goals of the externship program; and (b) why a similar project cannot be accomplished in one of the placements offered in the Bay Area. SCEP placements outside the Bay Area must be full-time. Students wishing to undertake a SCEP placement obtain the supervision of a faculty member who will oversee their externship and an accompanying tutorial. For a full description of the SCEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet the various requirements that are set out in the Handbook. An externship that otherwise meets the criteria for obtaining EL credit will be approved for EL credit when the field placement provides specialized experience complementary to a student's intended career path and comparable benefits cannot be obtained through other EL coursework at Stanford. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of three to five pages, and a final reflection paper of a length to be determined by your faculty supervisor.
LAW 902. Advanced Community Law Clinic. 2-7 Units.
(Formerly Law 642) The Advanced Community Law Clinic offers law students who already have some significant civil clinical experience the opportunity to work under supervision on more advanced projects and cases being handled by the Stanford Community Law Clinic, including litigation and other matters. Advanced Clinic students will also work with Clinical Supervising Attorneys to provide direction and guidance to those enrolled in the Community Law Clinic for the first time, in areas in which Advanced Clinic students have already acquired some expertise. In addition, Advanced Clinic students may function as team leaders on larger projects in which the Clinic is engaged. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Special Instructions: Completion of the Community Law Clinic (LAW 902A,B,C) or its equivalent is a prerequisite for the advanced clinic. Elements used in grading: Participation, reflective paper and project.
LAW 902A. Community Law Clinic: Clinical Practice. 4 Units.
(Formerly Law 640A) The CLC is the closest thing to a general legal services office among Stanford's clinical offerings. Based in East Palo Alto, the CLC provides students with the opportunity to provide direct legal services to low-income residents, while thinking critically about the role of lawyers and lawyering in addressing the problems of America's so-called "working poor." The Clinic's practice is in four areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; (3) social security and disability benefits; and (4) criminal record expungement. Each student handles his or her own caseload, which is comprised of cases matters in all of the practice areas. The practice areas are selected and designed to lie at the intersection where the community's unmet legal needs and students' learning needs correspond. The clinic's docket is fundamentally a trial docket. Students have first-chair responsibility for their cases, and perform all of the lawyering tasks necessary to advance their clients' interests, including interviewing, counseling, negotiation, fact investigation, legal research, and representation in the court and agency settings that hear the clients' cases. Skills emphasized include those trial lawyering skills, as well as time management and developing client-centered lawyering practices. Students may also have the chance to participate in outreach or policy-level projects, such as representing the clinic on a state or regional committee on a substantive issue, doing community education workshops at sites around the Peninsula, and/or legislative research and advocacy. In the clinic seminar and in regular supervision, students are encouraged to interrogate the effectiveness of the legal system at delivering "justice" for their clients and to explore creative ways that legal knowledge can be deployed to attack the social problems attendant to low wages, substandard and unstable housing, and other features of low-income life in Silicon Valley. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend four or five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
LAW 902B. Community Law Clinic: Clinical Methods. 4 Units.
(Formerly Law 640B) The CLC is the closest thing to a general legal services office among Stanford's clinical offerings. Based in East Palo Alto, the CLC provides students with the opportunity to provide direct legal services to low-income residents, while thinking critically about the role of lawyers and lawyering in addressing the problems of America's so-called "working poor." The Clinic's practice is in four areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; (3) social security and disability benefits; and (4) criminal record expungement. Each student handles his or her own caseload, which is comprised of cases matters in all of the practice areas. The practice areas are selected and designed to lie at the intersection where the community's unmet legal needs and students' learning needs correspond. The clinic's docket is fundamentally a trial docket. Students have first-chair responsibility for their cases, and perform all of the lawyering tasks necessary to advance their clients' interests, including interviewing, counseling, negotiation, fact investigation, legal research, and representation in the court and agency settings that hear the clients' cases. Skills emphasized include those trial lawyering skills, as well as time management and developing client-centered lawyering practices. Students may also have the chance to participate in outreach or policy-level projects, such as representing the clinic on a state or regional committee on a substantive issue, doing community education workshops at sites around the Peninsula, and/or legislative research and advocacy. In the clinic seminar and in regular supervision, students are encouraged to interrogate the effectiveness of the legal system at delivering "justice" for their clients and to explore creative ways that legal knowledge can be deployed to attack the social problems attendant to low wages, substandard and unstable housing, and other features of low-income life in Silicon Valley. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend four or five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
LAW 902C. Community Law Clinic: Clinical Coursework. 4 Units.
(Formerly Law 640C) The CLC is the closest thing to a general legal services office among Stanford's clinical offerings. Based in East Palo Alto, the CLC provides students with the opportunity to provide direct legal services to low-income residents, while thinking critically about the role of lawyers and lawyering in addressing the problems of America's so-called "working poor." The Clinic's practice is in four areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; (3) social security and disability benefits; and (4) criminal record expungement. Each student handles his or her own caseload, which is comprised of cases matters in all of the practice areas. The practice areas are selected and designed to lie at the intersection where the community's unmet legal needs and students' learning needs correspond. The clinic's docket is fundamentally a trial docket. Students have first-chair responsibility for their cases, and perform all of the lawyering tasks necessary to advance their clients' interests, including interviewing, counseling, negotiation, fact investigation, legal research, and representation in the court and agency settings that hear the clients' cases. Skills emphasized include those trial lawyering skills, as well as time management and developing client-centered lawyering practices. Students may also have the chance to participate in outreach or policy-level projects, such as representing the clinic on a state or regional committee on a substantive issue, doing community education workshops at sites around the Peninsula, and/or legislative research and advocacy. In the clinic seminar and in regular supervision, students are encouraged to interrogate the effectiveness of the legal system at delivering "justice" for their clients and to explore creative ways that legal knowledge can be deployed to attack the social problems attendant to low wages, substandard and unstable housing, and other features of low-income life in Silicon Valley. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend four or five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
LAW 904. Advanced Criminal Defense Clinic. 2-7 Units.
(Formerly Law 418) Advanced clinic allows students who have taken the Criminal Defense Clinic to continue working on cases. Participation in case rounds is required. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical units during their law school career. Students must have taken Criminal Defense Clinic (LAW 904A,B,C). Elements used in grading: Class participation, attendance, written assignments and case work.
LAW 904A. Criminal Defense Clinic: Clinical Practice. 4 Units.
(Formerly Law 408A) Students in the Criminal Defense Clinic represent local residents in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students are California Bar Certified and thus appear in court and argue cases with faculty standing by. Students take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with prosecutors, drafting and arguing motions, and occasionally trying cases before judges and juries. Common charges include drug use and possession, assault, theft, and vandalism. While students have primary responsibility for all aspects of their cases, all work is closely supervised. The Criminal Defense Clinic is an intensive, fast-paced, and demanding program of education and practical skills, taught through introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias in the legal system, immigration consequences, economic disparities, and addiction. The goal of the Clinic is to train students how to conduct a criminal case while engaging in thoughtful reflection and providing holistic representation. The Clinic's broader goal is to provide lawyering skills and habits of mind transferrable to any student's chosen field of practice. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect, and compassion to use by serving people in a moment of great need. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments and case work and professionalism.
LAW 904B. Criminal Defense Clinic: Clinical Methods. 4 Units.
(Formerly Law 408B) Students in the Criminal Defense Clinic represent local residents in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students are California Bar Certified and thus appear in court and argue cases with faculty standing by. Students take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with prosecutors, drafting and arguing motions, and occasionally trying cases before judges and juries. Common charges include drug use and possession, assault, theft, and vandalism. While students have primary responsibility for all aspects of their cases, all work is closely supervised. The Criminal Defense Clinic is an intensive, fast-paced, and demanding program of education and practical skills, taught through introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias in the legal system, immigration consequences, economic disparities, and addiction. The goal of the Clinic is to train students how to conduct a criminal case while engaging in thoughtful reflection and providing holistic representation. The Clinic's broader goal is to provide lawyering skills and habits of mind transferrable to any student's chosen field of practice. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect, and compassion to use by serving people in a moment of great need. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments and case work and professionalism.
LAW 904C. Criminal Defense Clinic: Clinical Coursework. 4 Units.
(Formerly Law 408C) Students in the Criminal Defense Clinic represent local residents in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students are California Bar Certified and thus appear in court and argue cases with faculty standing by. Students take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with prosecutors, drafting and arguing motions, and occasionally trying cases before judges and juries. Common charges include drug use and possession, assault, theft, and vandalism. While students have primary responsibility for all aspects of their cases, all work is closely supervised. The Criminal Defense Clinic is an intensive, fast-paced, and demanding program of education and practical skills, taught through introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias in the legal system, immigration consequences, economic disparities, and addiction. The goal of the Clinic is to train students how to conduct a criminal case while engaging in thoughtful reflection and providing holistic representation. The Clinic's broader goal is to provide lawyering skills and habits of mind transferrable to any student's chosen field of practice. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect, and compassion to use by serving people in a moment of great need. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments and case work and professionalism.
LAW 906A. Criminal Prosecution Clinic: Clinical Practice. 4 Units.
(Formerly Law 620A) The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. The cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug offenses, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least four full days a week -- Mondays, Tuesdays, Thursdays, and Fridays -- at the D.A.'s office or in court. There generally will be two class sessions each week: a three-hour on-campus class on Wednesday mornings and a Tuesday lunch seminar at the D.A.'s office. Toward the beginning of our term, classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term our focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four units, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered fulltime for twelve units. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins on the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from onsite and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (fulltime or advanced) that would result in their earning more than twenty-seven clinical units during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
LAW 906B. Criminal Prosecution Clinic: Clinical Methods. 4 Units.
(Formerly Law 620B) The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. The cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug offenses, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least four full days a week -- Mondays, Tuesdays, Thursdays, and Fridays -- at the D.A.'s office or in court. There generally will be two class sessions each week: a three-hour on-campus class on Wednesday mornings and a Tuesday lunch seminar at the D.A.'s office. Toward the beginning of our term, classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term our focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four units, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered fulltime for twelve units. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins on the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from onsite and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (fulltime or advanced) that would result in their earning more than twenty-seven clinical units during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
LAW 906C. Criminal Prosecution Clinic: Clinical Coursework. 4 Units.
(Formerly Law 620C) The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. The cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug offenses, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least four full days a week -- Mondays, Tuesdays, Thursdays, and Fridays -- at the D.A.'s office or in court. There generally will be two class sessions each week: a three-hour on-campus class on Wednesday mornings and a Tuesday lunch seminar at the D.A.'s office. Toward the beginning of our term, classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term our focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered fulltime for twelve credits. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins on the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from onsite and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (fulltime or advanced) that would result in their earning more than twenty-seven clinical credits during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
LAW 908. Advanced Environmental Law Clinic. 2-7 Units.
(Formerly Law 623) The Advanced Environmental Law Clinic provides students who have already taken the Environmental Law Clinic the opportunity to continue intense individual project work. Advanced students often work on matters they worked on as full-time students, but they also have the chance to work on new matters and develop new skills. Advanced students work closely with supervising faculty on their designated projects and are expected to take increasing responsibility for managing their work and representing clients. In addition, advanced students often serve as mentors to less experienced full-time students and thereby receive training in basic team building and supervision. Advanced students may arrange to receive between two and seven units. No student may receive more than 27 total clinical units during the course of the student's law school career. Elements used in grading: TBA.
LAW 908A. Environmental Law Clinic: Clinical Practice. 4 Units.
(Formerly Law 622A) Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
LAW 908B. Environmental Law Clinic: Clinical Methods. 4 Units.
(Formerly Law 622B) Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
LAW 908C. Environmental Law Clinic: Clinical Coursework. 4 Units.
(Formerly Law 622C) Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
LAW 910. Advanced Immigrants' Rights Clinic. 2-7 Units.
(Formerly Law 274) The Immigrants' Rights Advanced Clinic offers the opportunity for students who have already successfully completed the Immigrants' Rights Clinic to pursue: a specific immigrants' rights advocacy project; advanced individual client representation; and/or working with the clinic director to provide direction/guidance to those enrolled in the Clinic for the first time. All advanced Clinic projects will be jointly designed by the director and the advanced student. Advanced students providing guidance/direction to first-time students will receive additional training on providing supervision. Special instructions: Advanced students are expected to attend the case-rounds portion of the weekly seminar, and to participate as needed in the lecture/discussion portion of the seminar. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Elements used in grading: Attendance and participation in class, project work, writing assignments, and case preparation.
LAW 910A. Immigrants' Rights Clinic: Clinical Practice. 4 Units.
(Formerly Law 225A) The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments. There are no prerequisites.
LAW 910B. Immigrants' Rights Clinic: Clinical Methods. 4 Units.
(Formerly Law 225B) The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments. There are no prerequisites.
LAW 910C. Immigrants' Rights Clinic: Clinical Coursework. 4 Units.
(Formerly Law 225C) The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments. There are no prerequisites.
LAW 912. Advanced International Human Rights and Conflict Resolution Clinic. 2-7 Units.
(Formerly Law 663) The International Human Rights and Conflict Resolution Advanced Clinic offers the opportunity for students who have already successfully completed an International Human Rights Clinic to pursue one or more specific projects in conjunction with the Clinic, either independently or in collaboration with colleague(s) enrolled in the regular clinic. Any travel will be strictly contingent on the Advanced Clinical student's availability and the needs of the project. Advanced Clinical students are expected to participate in as much of the regular clinical seminar and seminar simulations as possible given pre-existing scheduling constraints. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Elements used in grading: Project work, writing assignments, case preparation, attendance and class participation.
LAW 912A. International Human Rights and Conflict Resolution Clinic: Clinical Practice. 4 Units.
(Formerly Law 658A) In the past half-century, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse, if not practice. This course examines the actors and organizations behind this remarkable development, as well as the vast challenges faced by advocates in the recent past and today. Increasingly, human rights as a framework has become essential to a broad range of situations of tension and conflict. This course interrogates the nature of engagement by human rights practitioners, as well as approaches adopted by those focused on the management of violent conflict. What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? The course also develops advocacy skills through in-class sessions, role play exercises and engagement in, and critical assessment of clinical projects in human rights. Class sessions introduce students to human rights advocacy and conflict management techniques through discussion of the readings and related issues, as well as through student presentations critiquing their participation in supervised clinical projects. The readings and seminar sessions expose students to some of the practical manifestations of the main debates and dilemmas within the human rights and conflict resolution movement(s). These include several of the ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. The readings also consider tensions within the field of conflict resolution, as well as between conflict resolution and human rights. Several class sessions will focus on fact-finding and advocacy skills. One or more of these sessions will be full-day, role play exercises. In these full-day sessions, students will engage in human rights research, documentation, negotiation and dispute management exercises, and advocacy role-playing. In some sessions, part of the class will be devoted to presentations by students and clinical 'rounds'. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the International Human Rights and Conflict Resolution Clinic. During the course of the quarter, students will also be required to draft several brief fact-finding/advocacy pieces (these will be explained in class), and write short, critical reflection papers (2-4 pages, double-spaced, or 500-1,000 words, thought pieces) on the readings. Special Instructions: - - General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.
LAW 912B. International Human Rights and Conflict Resolution Clinic: Clinical Methods. 4 Units.
(Formerly Law 658B) In the past half-century, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse, if not practice. This course examines the actors and organizations behind this remarkable development, as well as the vast challenges faced by advocates in the recent past and today. Increasingly, human rights as a framework has become essential to a broad range of situations of tension and conflict. This course interrogates the nature of engagement by human rights practitioners, as well as approaches adopted by those focused on the management of violent conflict. What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? The course also develops advocacy skills through in-class sessions, role play exercises and engagement in, and critical assessment of clinical projects in human rights. Class sessions introduce students to human rights advocacy and conflict management techniques through discussion of the readings and related issues, as well as through student presentations critiquing their participation in supervised clinical projects. The readings and seminar sessions expose students to some of the practical manifestations of the main debates and dilemmas within the human rights and conflict resolution movement(s). These include several of the ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. The readings also consider tensions within the field of conflict resolution, as well as between conflict resolution and human rights. Several class sessions will focus on fact-finding and advocacy skills. One or more of these sessions will be full-day, role play exercises. In these full-day sessions, students will engage in human rights research, documentation, negotiation and dispute management exercises, and advocacy role-playing. In some sessions, part of the class will be devoted to presentations by students and clinical 'rounds'. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the International Human Rights and Conflict Resolution Clinic. During the course of the quarter, students will also be required to draft several brief fact-finding/advocacy pieces (these will be explained in class), and write short, critical reflection papers (2-4 pages, double-spaced, or 500-1,000 words, thought pieces) on the readings. Special Instructions: - - General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.
LAW 912C. International Human Rights and Conflict Resolution Clinic: Clinical Coursework. 4 Units.
(Formerly Law 658C) In the past half-century, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse, if not practice. This course examines the actors and organizations behind this remarkable development, as well as the vast challenges faced by advocates in the recent past and today. Increasingly, human rights as a framework has become essential to a broad range of situations of tension and conflict. This course interrogates the nature of engagement by human rights practitioners, as well as approaches adopted by those focused on the management of violent conflict. What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? The course also develops advocacy skills through in-class sessions, role play exercises and engagement in, and critical assessment of clinical projects in human rights. Class sessions introduce students to human rights advocacy and conflict management techniques through discussion of the readings and related issues, as well as through student presentations critiquing their participation in supervised clinical projects. The readings and seminar sessions expose students to some of the practical manifestations of the main debates and dilemmas within the human rights and conflict resolution movement(s). These include several of the ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. The readings also consider tensions within the field of conflict resolution, as well as between conflict resolution and human rights. Several class sessions will focus on fact-finding and advocacy skills. One or more of these sessions will be full-day, role play exercises. In these full-day sessions, students will engage in human rights research, documentation, negotiation and dispute management exercises, and advocacy role-playing. In some sessions, part of the class will be devoted to presentations by students and clinical 'rounds'. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the International Human Rights and Conflict Resolution Clinic. During the course of the quarter, students will also be required to draft several brief fact-finding/advocacy pieces (these will be explained in class), and write short, critical reflection papers (2-4 pages, double-spaced, or 500-1,000 words, thought pieces) on the readings. Special Instructions: - - General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.
LAW 914. Advanced Juelsgaard Intellectual Property and Innovation Clinic. 2-7 Units.
(Formerly Law 287) Advanced clinic allows students who have taken the Advanced Juelsgaard Intellectual Property and Innovation Clinic to continue working on cases. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical units during their law school career. Elements used in grading: TBA.
LAW 914A. Juelsgaard Intellectual Property and Innovation Clinic: Clinical Practice. 4 Units.
(Formerly Law 266A) The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
LAW 914B. Juelsgaard Intellectual Property and Innovation Clinic: Clinical Methods. 4 Units.
(Formerly Law 266B) The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
LAW 914C. Juelsgaard Intellectual Property and Innovation Clinic: Clinical Coursework. 4 Units.
(Formerly Law 266C) The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
LAW 916. Advanced Organizations and Transactions Clinic. 2-7 Units.
(Formerly Law 279) Advanced clinic allows students who have taken the Organizations & Transactions Clinic to work on ongoing projects. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Students must have taken Organizations & Transactions Clinic (Law 272). Elements used in grading: Written assignments and client interactions.
LAW 916A. Organizations and Transactions Clinic: Clinical Practice. 4 Units.
(Formerly Law 272A) The O&T Clinic is targeted at both students planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms and those seeking to explore a non-litigation, advisory-oriented practice. In the clinic, students develop legal advice, learn to review and write contracts and governance materials, meet with client executives, examine commercial relationships, and receive extensive feedback about their work. No prior experience in business, finance, or corporate law is necessary. Students work on structural, programmatic, contractual, affiliation, and governance matters for corporate entities. Students typically represent multiple clients during the term, interact with client CEOs, CFOs, board members, and general counsels, and work in teams with other students and the instructors. Students receive detailed comments about the design, content, and execution of work-products and client communications, and about their performance in client meetings and calls. Students regularly assess their own work throughout the quarter and prepare a self-evaluation at the end of the term. O&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $75 million; some are smaller and some are considerably larger. We focus on these organizations because they are corporations that typically have substantial governance and external disclosure obligations, active boards of directors, audited financial statements, complex programs, varied collaborations, and diverse funding sources and contractual relationships -- all of which are relevant to and productive of corporate work -- yet are small enough that the clinic's contact is a senior executive. We think they provide excellent material for students learning about organizational representation and institutional corporate practice. The course includes a seminar that generally meets twice a week. Seminar meetings focus on student-led workshops regarding client projects, and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Evaluation and grading are based on detailed points of emphasis that reflect ways of working we believe characterize an effective lawyer and responsible colleague. Course design and operation reflect the instructors' combined 40+ years of corporate practice representing consumer products, finance, technology, and life science companies, in both law firm and senior in-house roles. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus includes specific expectations and criteria relating to methodical analysis, close reading, efficient writing, effective collaboration, and crisp execution, applicable across client and seminar work.
LAW 916B. Organizations and Transactions Clinic: Clinical Methods. 4 Units.
(Formerly Law 272B) The O&T Clinic is targeted at both students planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms and those seeking to explore a non-litigation, advisory-oriented practice. In the clinic, students develop legal advice, learn to review and write contracts and governance materials, meet with client executives, examine commercial relationships, and receive extensive feedback about their work. No prior experience in business, finance, or corporate law is necessary. Students work on structural, programmatic, contractual, affiliation, and governance matters for corporate entities. Students typically represent multiple clients during the term, interact with client CEOs, CFOs, board members, and general counsels, and work in teams with other students and the instructors. Students receive detailed comments about the design, content, and execution of work-products and client communications, and about their performance in client meetings and calls. Students regularly assess their own work throughout the quarter and prepare a self-evaluation at the end of the term. O&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $75 million; some are smaller and some are considerably larger. We focus on these organizations because they are corporations that typically have substantial governance and external disclosure obligations, active boards of directors, audited financial statements, complex programs, varied collaborations, and diverse funding sources and contractual relationships -- all of which are relevant to and productive of corporate work -- yet are small enough that the clinic's contact is a senior executive. We think they provide excellent material for students learning about organizational representation and institutional corporate practice. The course includes a seminar that generally meets twice a week. Seminar meetings focus on student-led workshops regarding client projects, and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Evaluation and grading are based on detailed points of emphasis that reflect ways of working we believe characterize an effective lawyer and responsible colleague. Course design and operation reflect the instructors' combined 40+ years of corporate practice representing consumer products, finance, technology, and life science companies, in both law firm and senior in-house roles. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus includes specific expectations and criteria relating to methodical analysis, close reading, efficient writing, effective collaboration, and crisp execution, applicable across client and seminar work.
LAW 916C. Organizations and Transactions Clinic: Clinical Coursework. 4 Units.
(Formerly Law 272C) The O&T Clinic is targeted at both students planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms and those seeking to explore a non-litigation, advisory-oriented practice. In the clinic, students develop legal advice, learn to review and write contracts and governance materials, meet with client executives, examine commercial relationships, and receive extensive feedback about their work. No prior experience in business, finance, or corporate law is necessary. Students work on structural, programmatic, contractual, affiliation, and governance matters for corporate entities. Students typically represent multiple clients during the term, interact with client CEOs, CFOs, board members, and general counsels, and work in teams with other students and the instructors. Students receive detailed comments about the design, content, and execution of work-products and client communications, and about their performance in client meetings and calls. Students regularly assess their own work throughout the quarter and prepare a self-evaluation at the end of the term. O&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $75 million; some are smaller and some are considerably larger. We focus on these organizations because they are corporations that typically have substantial governance and external disclosure obligations, active boards of directors, audited financial statements, complex programs, varied collaborations, and diverse funding sources and contractual relationships -- all of which are relevant to and productive of corporate work -- yet are small enough that the clinic's contact is a senior executive. We think they provide excellent material for students learning about organizational representation and institutional corporate practice. The course includes a seminar that generally meets twice a week. Seminar meetings focus on student-led workshops regarding client projects, and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Evaluation and grading are based on detailed points of emphasis that reflect ways of working we believe characterize an effective lawyer and responsible colleague. Course design and operation reflect the instructors' combined 40+ years of corporate practice representing consumer products, finance, technology, and life science companies, in both law firm and senior in-house roles. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus includes specific expectations and criteria relating to methodical analysis, close reading, efficient writing, effective collaboration, and crisp execution, applicable across client and seminar work.
LAW 918. Advanced Religious Liberty Clinic. 2-7 Units.
(Formerly Law 688) Advanced clinic allows students who have taken the Religious Liberty Clinic to continue working on cases. Participation in rounds is required. Advanced clinic may be taken for 2-7 units; general rule of thumb is 4 hours of work per week per unit. Students may not enroll in any clinic (basic or advanced) which would result in earning more than 27 clinical units during their law school enrollment. Elements used in grading: Class participation, written assignments, and case work. Students must have taken Religious Liberty Clinic.
LAW 918A. Religious Liberty Clinic: Practice. 4 Units.
(Formerly Law 632A) The Religious Liberty Clinic is the only clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
LAW 918B. Religious Liberty Clinic: Clinical Methods. 4 Units.
(Formerly Law 632B) The Religious Liberty Clinic is the only clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
LAW 918C. Religious Liberty Clinic: Clinical Coursework. 4 Units.
(Formerly Law 632C) The Religious Liberty Clinic is the only clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
LAW 920. Advanced Supreme Court Litigation Clinic. 2-7 Units.
(Formerly Law 423) The Advanced Supreme Court Litigation Clinic provides an opportunity for students who have already successfully completed the Supreme Court Litigation Clinic to continue their work in the Clinic. Work includes research and drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting on drafts of briefs being filed by lawyers in other cases. Advanced students will also continue to participate in the Clinic's discussion of cases during case rounds. For a more elaborate description of the clinic's content, see the course description for Course Number 436-0-01. Special instructions: Admission is by consent of instructor. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Students have the option to receive R credit upon instructor approval. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Projects and participation.
LAW 920A. Supreme Court Litigation Clinic: Clinical Practice. 4 Units.
(Formerly Law 436A) The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
LAW 920B. Supreme Court Litigation Clinic: Clinical Methods. 4 Units.
(Formerly Law 436B) The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
LAW 920C. Supreme Court Litigation Clinic: Clinical Coursework. 4 Units.
(Formerly Law 436C) The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
LAW 922. Advanced Youth and Education Advocacy Clinic. 2-7 Units.
(Formerly Law 662) The Youth and Education Advocacy Advanced Clinic provides an opportunity for students who have already successfully completed the Education Advocacy Clinic to continue their advocacy work in the Clinic and/or to pursue a discrete project related to educational equity advocacy. Examples of projects include strategic policy research and management consulting for public education institutions on specific topics (e.g., accountability programs, community outreach and engagement, school climate); investigation and preparation for impact litigation; and community education and outreach on a specific education-related issue. All projects will be jointly designed by the instructor and the advanced student. Advanced students will also continue to participate in the Clinic's discussion of cases during case rounds. Special instructions: Admission is by consent of instructor. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Elements used in grading: Projects and class participation.
LAW 922A. Youth and Education Law Project: Clinical Practice. 4 Units.
(Formerly Law 660A) The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with coalitions and/or other education-sector agencies to advance equity-minded educational policies and school reform. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational finance reform litigation. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaboration with Consortium for Public Research and Leadership (CPRL). Through the CPRL, students will work with our partners at Columbia University on consulting projects for clients on topics such as accountability, community outreach, and school climate. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the instructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. -- Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. -- Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. -- The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. -- Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. --The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. -- For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. -- Cross listed with the School of Education. -- Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C).
LAW 922B. Youth and Education Law Project: Clinical Methods. 4 Units.
(Formerly Law 660B) The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with coalitions and/or other education-sector agencies to advance equity-minded educational policies and school reform. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational finance reform litigation. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaboration with Consortium for Public Research and Leadership (CPRL). Through the CPRL, students will work with our partners at Columbia University on consulting projects for clients on topics such as accountability, community outreach, and school climate. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the instructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. -- Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. -- Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. -- The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. -- Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. --The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. -- For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. -- Cross listed with the School of Education. -- Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C).
LAW 922C. Youth and Education Law Project: Clinical Coursework. 4 Units.
(Formerly Law 660C) The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with coalitions and/or other education-sector agencies to advance equity-minded educational policies and school reform. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational finance reform litigation. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaboration with Consortium for Public Research and Leadership (CPRL). Through the CPRL, students will work with our partners at Columbia University on consulting projects for clients on topics such as accountability, community outreach, and school climate. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the instructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. -- Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. -- Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. -- The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. -- Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical units during their law school career. --The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. -- For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. -- Cross listed with the School of Education. -- Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C).
LAW 1001. Antitrust. 4 Units.
(Formerly Law 233) Antitrust law sets the ground rules for competition. This course will explore the basic concepts in antitrust law. We will examine cartels and competitor collaborations, monopolization, vertical restraints and horizontal mergers. There are no prerequisites for this course. No economic background is required. The course is open to GSB students and graduate students in the Economics Department. To apply for this course, non-Law students must complete a Non-Law Student Add Request Form available on the SLS Registrar's Office website (see Non-Law Students). Elements used in grading: Class participation, attendance and final exam.
LAW 1002. Advanced Antitrust: Monopolization and Abuse of Dominance in the US and the EU. 3 Units.
This course will take an in-depth look at the principles in US and EU competition law regarding conduct by firms that excludes or weakens rivals. This is perhaps the most controversial and unsettled part of competition law and the part about which there is the least multinational agreement. We will study, among other materials, some of the major recent cases in which the same or very similar matters were addressed by both US and EU competition authorities, including matters involving Microsoft, Google, Intel and Rambus. The objectives are to gain a deeper understanding of the principles regarding exclusionary conduct and the ways in which those principles in US and EU law differ and, from that understanding, to draw inferences about the reasons for the differences between US and the EU law and the impact of different enforcement procedures on substantive legal principles. Elements used in grading: Class participation and written assignments or final paper. This course is open to anyone who has taken Antitrust Law 233 and to others with the permission of the instructor.
LAW 1003. Bankruptcy. 3 Units.
(Formerly Law 240) This course concerns the law and finance of corporate bankruptcy with an emphasis on reorganization. The course reviews the fundamentals of debt contracting, including the role of events of default, debt priority, and security interests. The course examines various aspects of the bankruptcy process: including the automatic stay, the avoidance of prebankruptcy transactions (e.g. fraudulent conveyances and preferences), the treatment of executory contracts, the debtor's governance structure during bankruptcy, the financing of operations and investments in bankruptcy, sales of assets during bankruptcy, and the process of negotiating, voting, and ultimately confirming a plan of reorganization. Elements use in grading: Class participation and exam.
LAW 1004. Comparative Corporate Capitalism. 2 Units.
From the United States to China, and from Brazil to the EU, corporate capitalism has triumphed globally as the dominant form of economic organization. Yet despite the common attributes of the corporation familiar to every U.S. law student, corporations around the world have diverse ownership structures, interact in their domestic political economies in different ways, and exhibit a host of traits that vary with the institutional context in which they operate. This seminar explores the many forms corporate capitalism takes around the world, and the important legal and policy issues raised by global corporate activity. We will explore the rise of "agency capitalism" in the U.S. and the proliferation of new corporate ownership structures around the world, the emergence of Chinese state capitalism and its legal and policy consequences, efforts to reform Japanese stakeholder capitalism, and hybrid forms of organization such as the "benefit corporation" and public-private partnerships (PPP). Policy issues to be considered include corporate social responsibility, the national security implications of investment by state-owned enterprises, and the consequences of global activist investing. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Presentation.
LAW 1005. Comparative Venture Capital - China. 2 Units.
(Formerly Law 736) This course is taught in conjunction with Law 1006. Students may enroll for this course alone or for both this course and Law 1006. Law 1005 is intended to introduce students to the legal and financial principles underlying venture capital investment in start-up enterprises and innovative technologies. A special emphasis of this course will be a comparative analysis of the ways in which the various legal and financial structures employed by venture capitalists are replicated in other legal environments, with a focus on the largest venture capital and IPO market in the world - China. The first eight weeks of the course will coincide with the first eight weeks of Winter Quarter, and will be conducted at Stanford Law School. Class sessions will be comprised of lectures regarding the basic concepts and structures, as well as seminar discussions with venture capital industry participants. Elements used in grading: Final exam, attendance and class participation. Special Instructions: Enrollment in the Beijing option is limited to 12 students (See Law 1006 for application instructions and deadline).
LAW 1006. Comparative Venture Capital - China: Field Study. 1 Unit.
(Formerly Law 736A) This is the Stanford Center at Peking University in Beijing component of Comparative Venture Capital - China (Law 1005). For details, see course description for Law 1006. During spring break 2017, the course will be held at the Stanford Center at Peking University in Beijing, and will consist of meetings and seminars with lawyers, entrepreneurs, and venture capitalists active in the Chinese venture capital market. Students will also tour start-up enterprises made possible with venture investments. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and a visa to travel to Beijing. Elements used in grading: class participation and short writing assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 1007. Contracts: American Law. 4 Units.
(Formerly Law 722) This course will provide advanced-degree students with coverage of Contracts law comparable to the fall course offered for first-year JD students. The course will identify the scope and purpose of the legal protection accorded to interests created by voluntary undertakings. We will focus on problems of contract formation, enforceability, interpretation, performance and excuses for non-performance, and remedies for breach. The course will cover both the U.S. common law of contracts and the basics of UCC Article 2 (sales of goods). Not open to JD students. Open only to students in the SLS Advanced Degree Programs. Elements used in grading: Class Participation, Attendance, Final Exam.
LAW 1008. Contract Design: Principles and Practice. 2 Units.
(Formerly Law 434) Although transaction lawyers spend much time drafting contracts and related documents, they can contribute very significant value by designing transactions. Transactions should be tailored to the goals and circumstances of each set of parties, but there are some general principles that can guide the design process. This seminar examines some of these principles: such as the use of embedded options in contracts, of third parties, and of tailored procedures for dispute resolution and enforcement. Some of the readings and discussion will be at a fairly high level of abstraction, drawing on economic theories of contracting. A good part of our analysis will be closer to ground level, looking at particular types of transactions: for example, franchising, construction, corporate acquisition, loans, data use and insurance contracts. We will also look at the process of innovation and negotiation in contract design, including the role of lawyers and digital document production. Students will be required to write paper for the seminar, and encouraged to focus on a specific type of transaction. Elements used in grading: Class participation (10%) and an independent research paper for "R" (Research credit).
LAW 1009. Corporate Finance I. 3 Units.
(Formerly Law 262) There are many contexts in which lawyers need an understanding of finance. For example, many of the disputes that give rise to litigation center on the financial valuation of firms and the securities they issue. In addition, an understanding of firms' capital structures and the design of corporate securities is necessary in analyzing many legal issues, especially those arising in corporate transactions, executive compensation, and bankruptcy proceedings. This course is designed to provide students with a rigorous conceptual understanding of finance and to give students the analytical tools needed to make financial decisions and value financial securities. The course stresses problem solving and includes problem sets, cases, and a midterm and final examination. The course is designed to be accessible to students with a fairly limited mathematical background. In general we will not assume any knowledge of mathematics beyond high-school algebra. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Exam.
LAW 1010. Corporate Income Taxation. 4 Units.
(Formerly Law 351) Overview of the fundamental tax rules and principles regarding the taxation of domestic corporate entities. Course will address choice of entity (C corporation, S corporation and non-corporate pass-through entities), capital structure and formation issues, corporate operations, including cash and property distributions and shareholder exit transactions. Approximately half of the course will be devoted to taxable and non-taxable acquisitions, dispositions and reorganizations, including planning and structuring strategies; a portion will address current tax policy considerations. The student's final grade will be based on a final exam, although class participation may improve a student's grade. Prerequisite: Taxation 1 or Partnership Tax. Elements used in grading: Class Participation, Final Exam.
LAW 1011. Advanced Corporate Finance. 3 Units.
(Formerly Law 264) Lawyers often need an advanced understanding of corporate financial decisions, instruments, and transactions, including equity financing and initial public offerings, the determination of a firm's cost of capital, valuation, payout policy, recapitalizations and bankruptcy, and mergers and corporate control. Advanced Corporate Finance introduces these topics by lecture and then explores them through detailed analysis of actual cases. This structure maximizes the synergy between theory and practice, providing students with portable, durable, and marketable tools for their careers. Legal considerations that arise in the execution of these corporate financial decisions include mandatory disclosure requirements, the issuance of dual class shares, charges of anticompetitive practices, taxes, appraisal rights and fairness opinions, takeover defenses and fiduciary duty challenges, contractual provisions in merger agreements, insider trading, and Chapter 11 bankruptcy proceedings. This class rigorously advances both conceptual and practical/analytical understanding. The knowledge gained will facilitate professional dealings with boards of directors, chief financial officers and corporate treasurers, investment bankers, consultants, portfolio and investment managers, venture capitalists, and private equity investors. Prerequisite: Corporate Finance I (Law 1009, formerly Law 262) or equivalent background. Elements used in grading: class participation and final exam.
LAW 1012. Corporate Reorganization. 3 Units.
(Formerly Law 248) This course examines the reorganization of a financially distressed company under chapter 11 of the Bankruptcy Code. The course follows a fictitious company through several stages of a business turnaround and financial restructuring, including an out-of-court workout, a chapter 11 filing, selected chapter 11 operating issues, and the formulation, negotiation and confirmation of a plan of reorganization. In addition, the course follows current developments in bankruptcy, primarily through reports in the media. For example, in recent years the course has followed issues as they have arisen in actual chapter 11 cases (e.g., General Motors, Chrysler Corporation, Lehman Brothers, SunEdison, Westinghouse Electric, several retailers) and the effects of bankruptcy on various industries (e.g., real estate, energy, retail, technology, airlines, automotive). The course also touches on various issues that often arise in a reorganization setting, such as valuation, leveraged buyouts, debt and derivative instruments, and distressed debt trading. Elements used in grading: Class participation and final exam.
LAW 1013. Corporations. 4 Units.
(Formerly Law 242) This is a basic course in corporation law and provides a foundation for advanced business courses. The course examines the role of law in structuring economic relationships among shareholders, management, creditors, and other participants in modern business corporations. Some background in accounting and corporate finance is helpful, but not required. The course briefly considers basic theories of the firm, the reasons for incorporation of a business enterprise, and agency theory. The course then turns to management and control of the corporation, the actions of directors and officers, and the distribution of powers within the corporate structure more generally. The role of shareholders is examined next, and we devote substantial attention to the fiduciary duties of directors and controlling shareholders. Finally, we closely examine transactions in corporate control and consider the permissible scope of anti-takeover devices. Elements used in grading: Attendance, Class Participation, Exam.
LAW 1014. Current Issues in Tax Practice. 2 Units.
(Formerly Law 785) This course will introduce students to major issues in tax practice. Each class will be co-taught by one or more leading practitioners in the tax bar, with other members of the bar attending. Subjects include international tax, intellectual property and tax, tax litigation, state and local taxation, working for the government in tax, tax lobbying and working in a corporate tax department. Class will meet at my home (with take-out dinner provided). The class offers students a good opportunity to connect their SLS tax courses to real-world tax issues and practitioners. Elements used in grading: Class Participation, Attendance, Written Assignments.
LAW 1015. Corporate Social Responsibility. 2 Units.
Although corporate social responsibility ("CSR") initiatives have been pursued by a range of companies as voluntary measures for decades, recent developments have rendered the exercise by companies of designing and implementing environmental, social and governance mechanisms inherently legal in nature. This course will explore the legal issues that companies have been forced to confront, increasingly with the support of specialized legal counsel, in pursuing CSR or sustainability objectives, including those arising in the context of supply chain human rights due diligence (e.g., minerals sourcing and human trafficking), impact investment and the adoption of alternative corporate forms, voluntary standards and mandatory requirements regarding non-financial disclosure and reporting (e.g., SASB, sustainability listing standards, possible amendments to Regulation S-K, and the EU non-financial reporting rules), director fiduciary duties and the changing expectations of investors, shareholder proposals and stakeholder engagement, and the rise of corporate social activism by companies and their officers, among others. Elements used in grading: Class Participation, Written Assignments, Final Paper.
LAW 1016. Deals I. 4 Units.
(Formerly Law 273) This course applies economic concepts to the practice of structuring contracts. The course extends over two quarters. In the Fall quarter it will meet four hours per week. In the Winter quarter, it will meet ONLY FOR FIVE WEEKS for four hours per week--for 2 units of course credit. During those five weeks, it will meet on Monday and Friday. Exactly which five weeks the course will meet will be announced during the Fall quarter. Students enrolled in the course must take both quarters. All of the first quarter will be spent in a traditional classroom setting but with untraditional materials. Most of the materials consist of case studies of business transactions (and no case law). We will use those case studies to analyze the economics underlying a wide range of business transactions and the contractual terms and structures use to respond to underlying economic challenges. During the second quarter, we will explore deals in greater detail by studying five complex transactions in full. For this part of the course, students will be divided into groups and will be assigned one of the five deals. Each group will give a presentation of its deal to the class, and in the following class, a lawyer or other participant in the deal will come to class to present the deal based on his or her experience. We study five new deals each year. Deals that we have studied over the years have included movie financings, biotech alliances, venture capital financings, cross-border joint ventures, private equity investments, corporate reorganizations, and more. Special Instructions: Students enrolled in the course must take both quarters. Students who have not taken the course in the fall cannot register for it in the winter, and those who took it in the fall must register for it in the winter. No exam in Autumn Term. An In-School exam will be given at the conclusion of the course in the Winter Term. Grades will be given at the end of the second quarter and will be applied to both quarters. I use the consent form to ensure diversity of experience and non-experience and diversity across classes. There is no background required for the course. Elements used in grading: Attendance, class participation, class presentation, written assignments, group paper, and exam. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 1017. Deals II. 2 Units.
(Formerly Law 275) This course applies economic concepts to the practice of structuring contracts. The course extends over two quarters. In the Fall quarter it will meet four hours per week. In the Winter quarter, it will meet ONLY FOR FIVE WEEKS for four hours per week--for 2 units of course credit. During those five weeks, it will meet on Monday and Friday. Exactly which five weeks the course will meet will be announced during the Fall quarter. Students enrolled in the course must take both quarters. All of the first quarter will be spent in a traditional classroom setting but with untraditional materials. Most of the materials consist of case studies of business transactions (and no case law). We will use those case studies to analyze the economics underlying a wide range of business transactions and the contractual terms and structures use to respond to underlying economic challenges. During the second quarter, we will explore deals in greater detail by studying five complex transactions in full. For this part of the course, students will be divided into groups and will be assigned one of the five deals. Each group will give a presentation of its deal to the class, and in the following class, a lawyer or other participant in the deal will come to class to present the deal based on his or her experience. We study five new deals each year. Deals that we have studied over the years have included movie financings, biotech alliances, venture capital financings, cross-border joint ventures, private equity investments, corporate reorganizations, and more. Special Instructions: Students enrolled in the course must take both quarters. Students who have not taken the course in the fall cannot register for it in the winter, and those who took it in the fall must register for it in the winter. No exam in Autumn Term. An In-School exam will be given at the conclusion of the course in the Winter Term. Grades will be given at the end of the second quarter and will be applied to both quarters. NOTE: This year, I have blocked out 4 class periods per week in the second quarter on Mondays and Fridays. As explained above, however, WE WILL ONLY USE HALF OF THOSE CLASSES -- that is, FIVE MONDAYS and FIVE FRIDAYS over the Winter quarter. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline. I use the consent form to ensure diversity of experience and non-experience and diversity across classes. There is no background required for the course. Elements used in grading: Attendance, class participation, class presentation, written assignments, group paper, and exam.
LAW 1018. Derivatives. 2 Units.
(Formerly Law 299) The course will examine the legal, regulatory, trading and risk management aspects of the $600 trillion notional over-the-counter and cleared derivatives markets. Derivatives have historically not been well-understood by regulators or the public and have been blamed for causing or contributing to the economic crisis. This course will offer students the opportunity to understand how various derivative products are designed, traded and risk-managed and what role regulators play in the derivatives industry. In addition, students will focus on understanding key legal contracts that underpin the global derivatives industry, in particular focusing on the ISDA© Master Agreement and Credit Support Annex, as well as documentation supporting credit derivatives and other common derivative types. Students will also consider the shifting regulatory landscape for financial institutions and hedge funds as it relates to the way in which these products are traded, with rates and credit products migrating to clearinghouses. The course will conclude with an examination of the economic crisis that erupted with Lehman Brothers' bankruptcy in September 2008 and the consequent policy reactions to that event from a derivatives and bankruptcy perspective. Elements used in grading: attendance, written homework assignments and a final exam.
LAW 1019. Current Topics in Sports Law. 1 Unit.
Current Topics in Sports Law is a one-unit seminar for up to 15 students with San Francisco 49ers General Counsel and SLS alumna Hannah Gordon. The class is made up of six 90-minute sessions and brief reflection papers. Attendance is mandatory at all six sessions to pass the course. The class will meet the first six weeks of Autumn Quarter. The seminar will explore current topics in the practice of law that are impacting the sports industry, both through litigation and legislation. Elements used in grading: Attendance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 1020. Entertainment Law. 3 Units.
(Formerly Law 297) Entertainment law is not, in and of itself, a separate legal discipline. Instead, the practice of entertainment law lies at the intersection of various traditional legal disciplines, such as contract, tort, copyright, trademark, antitrust, secured transactions, etc., and applies those disciplines to a unique business setting. This course is intended to approach the study of entertainment law from a practical perspective, applying the principles of traditional legal disciplines to avoid problems and find solutions in various facets of the entertainment industry. To accomplish the necessary background, we will study the entertainment industry from both a macro level (i.e., the organization of the motion picture, television and music business, including the function of studios, producers, networks, record companies, agencies, managers, lawyers and labor unions) and a micro level (i.e., examining actual agreements in order to understand the principal components of motion picture talent, production and distribution contracts, television series contracts, music and book publishing contracts). We will also examine key litigation issues that affect the industry, such as the interaction of the First Amendment and the right of publicity, the right of privacy and libel, the anti-SLAPP laws, the "final cut" and profit participation cases. The impact of the digital media (including the internet) will, of course, be analyzed, along with the future of the entertainment industry, including convergence, holograms, syntho-thespians and the like. We plan to include guest speakers from the entertainment industry so that this class will embody both business and legal considerations. The overall goals of this course are (1) to expose students to the unique and increasingly complex structure of the entertainment business; (2) to foster an understanding of the role the law and entertainment lawyers play in that unique business structure; (3) to strengthen students' ability to draft key documents and craft persuasive legal arguments to accomplish the goals they may seek to achieve as lawyers in the entertainment industry; and (4) to develop the analytical and problem-solving skills necessary to make them into effective entertainment lawyers. Elements used in grading: Class participation, brief writing exercises, team contract negotiation and drafting projects.
LAW 1021. Estate Planning. 3 Units.
(Formerly Law 292) This class will cover the basics of the gift and estate tax system and estate planning principles. With these fundamentals, the course will then examine basic and advanced estate planning and wealth transfer techniques, including wills, various types of trusts, titling property, gifts during lifetime, charitable vehicles, handling closely held businesses and valuation matters--with an emphasis on how to use these tools in planning an estate to meet the objectives of a couple or individual. Probate of an estate, durable power of attorneys, conservatorships, and planning for other life situations will be explored. Elements used in grading: Class participation (is a small factor and only in the positive direction) and final open book exam. This course is open to GSB and graduate students with consent of the instructor.
LAW 1022. International Tax. 2 Units.
(Formerly Law 352) This course examines the United States federal income taxation of international operations and transactions, including international joint ventures and M&A transactions. Income source, foreign tax credits and Subpart F are important. International transfer pricing rules also will be addressed. Congress is currently debating fundamental reform of US international tax rules; developments in this area will also be covered. Elements used in grading: Final Exam.
LAW 1023. International Securities Offerings. 2 Units.
This course will focus on the application of United States securities laws and regulations to non-US issuers. We will examine how that regulatory framework differs for Foreign Private Issuers, as compared to other issuers in the United States. Initial public offerings, private placements under Rule 144A and Regulation S and ADR programs will all be covered. We will take a close look at the Alibaba IPO and Alibaba's subsequent regulation as a public company listed in the United States. The course will be taught from a practical perspective with in-class review of SEC filings, offering documents and SEC correspondence. The Morrison Case and its progeny defining the reach of U.S. Securities law to conduct with limited U.S. contacts will also be examined. Elements used in grading: Class Participation, Final Exam.
LAW 1024. Private Equity Investing. 3 Units.
(Formerly Law 522) This course will focus on the central issues involved in private equity investing. Topics will include: pricing, structuring and valuation of private equity and venture capital investments; buyouts and other transactions involving multitiered capital structures; the structure and governance of PE and VC funds; conceptual issues relevant in this realm such as option theory, asymmetric information and bounded rationality; and private equity as a distinct asset class. There are no required prerequisites. Students will develop skills and tools used in the private equity arena, including financial analysis (e.g., "deal arithmetic" fundamentals, spreadsheet modeling and forecast preparation); the drafting and negotiation of transaction documents; and the ability to conduct comprehensive due diligence examinations of prospective acquisitions and investments. We will have a number of guest speakers during the term, and will draw on various materials illustrative of what one would encounter in private equity deals and funds. Elements Used in Grading: Periodic problem sets, a final case study and class participation. (The case study will be completed in a small group, and it will give students the opportunity to analyze a real-world transaction from a number of perspectives.) A Final Note: While a 3-credit course, Private Equity Investing will meet during only the first two-thirds of the Winter quarter. The final class session will be on February 28th (rather than March 12th). Students must attend the initial class session on January 10th in order to be eligible to enroll in the course.
LAW 1025. Private Equity Investing: Quantitative Skills Seminar. 1 Unit.
(Formerly Law 721) This course has been created to supplement Law 1024, Private Equity Investing. The focus will be on the quantitative aspects of private equity investing. Students will learn the skills required to do the financial analysis and spreadsheet modeling utilized in this milieu. Mastery of these fundamentals will allow students to develop and strengthen their ability to prepare forecasts, craft deal structures and run the numbers on real world transactions. Special Instructions: In order to enroll in PEI: Quantitative Skills students must concurrently enroll in Private Equity Investing (LAW 1024). In other words, no student may enroll in either Law 1024 or Law 1025 without also enrolling in the other. Students accepted to enroll in Private Equity Investing (for which a Consent Application Form is required) will automatically be able to enroll in LAW 1025. Law 1025 will be graded on a Mandatory Pass/Restricted Credit/Fail (MP/R/F) basis. Elements used in grading: Class attendance, participation and written assignments.
LAW 1026. Securities Litigation. 3 Units.
(Formerly Law 300) Executives of American public companies control one of the largest accumulations of wealth in history, amounting to trillions of dollars in market capitalization. Tens of billions of dollars of securities in these companies are traded daily. This course addresses the most interesting and complex litigation that arises in connection with these securities, including fraud claims against executives and corporations, criminal actions for insider trading, internal investigations of executive misconduct, SEC enforcement actions, and derivative actions against corporate directors and officers. This course does not concern stock market technicalities. Instead, you will learn the basic legal framework governing this area, the theories underpinning it, and how to present legal arguments in this area. You will learn in a group setting by working out solutions to some of the most challenging issues that we have faced. In the process you will come to recognize the patterns we see and understand the forces behind them, so that you are prepared to practice in this area. Elements used in grading: Attendance, Class Participation, Exam.
LAW 1027. Securities Regulation: Capital Formation from Start-Up to IPO and Beyond. 4 Units.
(Formerly 591) This course uses Silicon Valley's venture capital process as a template to examine the legal regime governing capital formation in the United States. The course tracks financing from the earliest angel investing rounds, through billion dollar private placements, initial public offerings (IPO's), and subsequent governance as a publicly traded firm. The course also explores emerging crowd-funding markets, secondary market mechanisms for trading privately held shares, and the operation of Rule 144A, which allows large foreign firms to raise significant amounts from US institutional investors without ever registering with the SEC. The course relies extensively on recent transactions including the Alibaba , Facebook, and Square IPOs, and Uber private placements. Students interested in a more complete appreciation of the securities regulation process are advised also to take the Spring Securities Litigation course. Elements used in grading: Final exam.
LAW 1028. Tax Policy. 2 Units.
(Formerly Law 359) This course will explore various tax policy issues. In past years, the issues we've explored have included the carbon tax, health care, social security, consumption tax, tax compliance, tax shelters and school financing. Special Instructions: Grades will be based on either (A) class participation and memos responding to the discussion questions for any three of the sessions or (B) class participation and a research paper on a topic of your choosing (subject to instructor approval). Option B is Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, attendance and written assignments.
LAW 1029. Taxation I. 4 Units.
(Formerly Law 355) This course provides an overview of the federal income tax. Elements used in grading: class participation and final exam.
LAW 1030. Partnership Tax. 2 Units.
(Formerly Law 377) This course will cover the basic rules that govern the tax treatment of partnerships and partners, with a focus on agreements and issues that are relevant to venture capital and private equity investment partnerships. The course will be primarily problem-set based. Prerequisites: Taxation I required; Corporate Income Taxation suggested but not required. Elements used in grading:, Final Exam, Class Participation.
LAW 1031. Current Issues in Business Law. 2 Units.
This course will focus on issues in law and business that are both important to practitioners and the subject of academic or policy debates. We will cover a range of legal and economic issues, including the following topics: nonbank lending, gatekeeper liability, capital repatriation and tax policy, corporate restructuring, blockchain and smart contracts, and cyber risk management. Each of these issues will be introduced by readings and presentations, but the classes will rely on student discussion and critical evaluation of the papers and positions we examine. Students will have the opportunity to write reaction papers that critically analyze the required readings and to learn and analyze other business law issues of their choice by working in groups. Elements used in grading: Reaction papers, class participation, and performance in the group project and presentation.
LAW 1032. Banking Law. 3 Units.
(Formerly 378) This course will examine the legal and regulatory system governing financial institutions, with an emphasis on banks. It will do so by exploring the underlying economics of banking, and the ongoing effort to reform financial regulation. Questions addressed will include: Why do we regulate financial institutions? What dangers do we want to avoid? How well does the current regulatory system achieve what we want to achieve? What alternative approaches can be taken? What are the costs and benefits of the current system, and those of the alternatives? Elements used in grading: Class participation, attendance, final exam.
LAW 1033. Trusts and Estates. 2 Units.
(Formerly Law 430) This course will cover the following topics: intestacy; will execution and revocation; will provisions and interpretations; restrictions on the right to devise; probate; creation, amendment and termination of trusts; revocable and irrevocable trusts; trust provisions; charitable trusts; trust administration; and substitutes and conservatorships. Elements used in grading: Final exam (In-School: open book, essay).
LAW 1034. Real Estate Transactions and Commercial Development. 3 Units.
(Formerly Law 336) Real Estate Transactions and Commercial Development examines the structuring, negotiation and documentation of commercial real estate transactions. Working both individually and in groups, students will learn the requisite skills for drafting and negotiation leases, letters of intent, sale contracts and related financing documents. As time permits, development-related matters will be explored, including the legal aspects of site acquisition, design and construction. Classes will be a mixture of lectures, interactive discussions, and several mock negotiations. Elements used in grading: Class attendance, individual and group project participation, and written assignments.
LAW 1035. Mergers, Acquisitions and other Complex Transactions. 3 Units.
This course is a comprehensive introduction to the law and practice of mergers, acquisitions and other complex transactions. It will cover key and emerging issues in transactional legal practice, including in mergers, tender offers and asset sales, negotiated and unsolicited acquisitions, buyouts, conflict transactions, spin-offs and cross-border transactions. In addition to the relevant laws, regulations and fiduciary standards, the course will cover key aspects of the deal-making process, including mechanisms for protecting a preferred transaction and increasing deal certainty, takeover preparedness and responding to hostile offers, as well as structuring alternatives. The course will include a number of practical exercises on M&A topics and opportunities to hear from selected practitioners who have encountered some of the issues discussed. Prerequisite: Corporations, except on petition to the instructors based on prior coursework or special experience. The course is intended both for students anticipating a career in transactional legal practice as well as for students seeking to develop a general understanding of issues in M&A transactions. Elements used in grading: Attendance, Class Participation, Exam.
LAW 1036. Introduction to Finance. 2 Units.
(Formerly Law 794) This course is a basic introduction to the principles of finance and is intended as a primer on principles of valuation that are useful in everything from settlement negotiations to family law. No prior knowledge of finance will be assumed. If you want an introduction to corporate finance and won't take the full 3 credit course, this is for you. The first part of the course (approximately 6 weeks) will consist of on-line modules and problem sets that you will complete on your own and in small groups. We will cover topics such as: earnings, cash flows, income statements, interest rates, time value of money, estimating firm value, risk and return and the cost of capital. We will provide a framework for answering questions such as: how much is this project (or firm) worth? How should the firm raise money for a new investment? There will be weekly problem sets and you will get experience with building a simple model (excel spreadsheet) that will help you estimate the value of a potential new project. The second part of the course will consist of in-class discussions of case studies that apply these valuation principles to particular legal settings: e.g. valuing settlement offers, merger proposals, appraisal proceedings, and the efficient capital markets hypothesis. We hope that this flexible format will allow more students to take finance. If you wish, you can take this course and then later take Corporate Finance 1. The class will meet (TBA). Additional small group meetings will be scheduled with the instructor. On-line component. Elements used in grading: Written Assignments, Final Project, Final Exam.
LAW 1037. The Evolution of Finance. 2 Units.
(Formerly Law 487) This course was originally designed to provide an overview of the crisis in financial markets that began in 2007, and of the various policies that were devised in response to the crisis' both short-term stabilization efforts and longer-term regulatory reform. However, as time goes on the course has evolved to spend less time on a historical review of those past events (though they are still significant and worth studying) and more time looking at the present and the future. We will be more focused on process --- thinking through the things we analyze --- rather than in making sure we cover a fully comprehensive set of topics. We have guest speakers for about half of the classes. The list changes from year to year, but here is 2016's list: Tanya Beder, Kevin Warsh, Ron Beck, David Booth, Jay Crandall, Tom Kempner, Katie Hall, Hal Varian, and Larry Summers. Elements used in grading: No Exam. Participation 50% Projects/Papers 50%. Mandatory attendance. Absences impact grade. Cross-listed with Graduate School of Business (MGTECON 343).
LAW 1038. The Future of Finance. 2 Units.
If you are interested in a career in finance or that touches finance (computational science, economics, public policy, legal, regulatory, corporate, other), this course will give you a useful perspective. We will take on hot topics in the current landscape of the global markets as the world continues to evolve from the financial crisis. We will discuss the sweeping change underway at the policy level by regulators and legislators around the world and how this is changing business models for existing players and attracting new players to finance. The course will include guest-lecturer perspectives on where the greatest opportunities exist for students entering or touching the world of finance today including new and disruptive players in fin tech, crowd financing, block chain, robo advising, algorithmic trading, big data and other areas. New challenges such as cyber and financial warfare threats also will be addressed. While derivatives and other quantitative concepts will be handled in a non-technical way, some knowledge of finance and the capital markets is presumed. Elements used in grading: Class Participation, Attendance, Final Paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructor(s). See Consent Application Form for submission deadline. Cross-listed with Economics (ECON 152/252), Public Policy (PUBLPOL 364), Statistics (STATS 238).
LAW 1039. Deal Litigation Seminar. 2-3 Units.
(Formerly Law 483) This seminar is designed as an introduction to mergers and acquisitions litigation. The course provides both a practical and doctrinal perspective on M&A-related litigation and will relies heavily on readings and issues derived from practice in the Delaware courts where much contemporary deal litigation occurs. Students will be asked to apply cases and legal principles in various practical situations that may arise in a transactional litigation practice. Familiarity with basic corporate law principles is assumed. Classes and readings. The first segment of the course will introduce basic doctrinal principles of M&A law and provide an introduction to the litigator's role in the transactional setting. The remaining sessions will revolve around two detailed M&A case studies, with seminar members divided into group roles. The first week of each case study will involve the negotiation and structuring of an M&A transaction. The second week will involve litigation relating to the transaction. Reading for these sessions will include case scenarios, supporting materials, and additional relevant case law and articles. The attendance and active participation of seminar members is essential. Readings for all classes will be provided in spiral-bound volumes distributed in class. Written assignments and grading. Students will be expected to (i) write a final paper; (ii) prepare two additional short written assignments associated with the case study assignments (such as marking up draft documents or preparing court papers); and (iii) participate actively in class. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Students taking the seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length. Corporations (Law 242) is a prerequisite. Elements used in grading: Attendance, class participation, written assignments and paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 1040. Venture Capital. 3 Units.
(Formerly Law 465) This course examines the venture capital (VC) industry from both a theoretical and a practical perspective. The course traces the start-up process from initial formation of a new venture through angel investments, institutional venture capital financing rounds, with a view to potential exits via acquisition or initial public offering. The class will analyze each step in the process from the perspective of the business entity, the founders and employees, the investors, and the lawyers for each party. It also will consider the incentives and control structures used at each step of the transaction, with a focus on both the underlying economic and financial theory, as well as on pragmatic considerations in structuring the transactions. Students will learn the VC business model to understand what makes it unique from other investment forms and how that impacts the startup ecosystem. Students are required to complete a term sheet or other negotiation exercise, participate in class discussions, and sit for an examination. There will be required readings for each session that include a range of materials from VC practitioners' blog posts to case law. Some sessions will include guest speakers with experience in VC or entrepreneurship. This course is co-taught by Gordon Davidson and Michael Esquivel. Both are partners at Fenwick & West LLP who advise technology companies, startups, and venture capitalists. Elements used in grading: Class participation/assignments, negotiation exercises and written summary, and the final exam (In-School, Essay and Objective, closed book).
LAW 1041. Venture Capital II: Starting and Running a Venture-Backed Company. 3 Units.
(Formerly Law 401) This class will focus on the legal and non-legal tactical details of entrepreneurial endeavors. The legal specifics of corporate formation, tax, and contracts are well covered by a variety of other courses at the Law School and will only be reviewed briefly in this course. Instead, the course will examine the life stages (formation, financing, execution, and exit) of a venture-backed company from the entrepreneur's perspective. Students who are interested in either starting companies or working with startup founders as their legal counsel will solidify their foundations in this course. There will be no textbook -- course materials will include PowerPoint slides, readings from various entrepreneur and venture capital blogs, sample business plans, and other sources. This course is limited to 14 students. Those students who have taken VC I receive priority in enrollment. Prerequisites: A modest background in financial analysis or the use of Excel, such as might be obtained from any of the introductory finance courses in most undergraduate curriculums or the handful of similar graduate classes at Stanford (such as QM Finance) is strongly recommended for this course. Venture Capital I will also be helpful but is not a prerequisite. Elements used in grading: Class participation (20%), and a 60 minute oral business plan presentation with accompanying slide deck and written materials (80%). CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 1042. New Venture Finance. 2 Units.
Course description and elements used in grading: TBA.
LAW 2001. Criminal Procedure: Adjudication. 4 Units.
(Formerly Law 315) The Law School offers two survey courses dealing with constitutional criminal procedure. "Criminal Investigation" will consider questions that arise under the fourth, fifth, and sixth amendments regarding investigations, interrogations, and charging decisions. This course, "Criminal Adjudication," will look at the way the judicial system handles criminal cases. Topics will include the right to counsel (and the concomitant right to "effective assistance" of counsel), prosecutorial discretion and plea bargaining, joinder and severance, discovery, the right to jury trial, double jeopardy, sentencing, and appellate review. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.) Elements used in grading: Attendance, participation and final exam. Small grade adjustments will be made for exceptional class participation.
LAW 2002. Criminal Procedure: Investigation. 4 Units.
(Formerly Law 312) The law school offers two survey courses dealing with constitutional criminal procedure. "Criminal Adjudication" covers the formal pretrial and trial processes, including the right of counsel, prosecutorial charging criteria, grand juries, bail, speedy trial, discovery, plea bargaining, trial by jury, and double jeopardy. This course, "Criminal Investigation," covers police investigation in the form of searches and seizures, interrogations, lineups, and undercover operations, and hence examines the Fourth and Fifth (and, to a limited extent, the Sixth) Amendment rules regulating the police in these endeavors. It also incorporates some of the federal laws governing electronic communications and privacy. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.) Elements used in grading: Final exam (in-class, open book), plus small adjustments for exceptional class participation.
LAW 2005. Juvenile Crime, Juvenile Justice and Social Policy. 3 Units.
(Formerly Law 527) Juveniles are accorded special status under the American legal system. This introductory course will examine the historical precedents and philosophical reasons for treating juveniles differently from adults, and review empirical evidence about child development that can illuminate the reasons for their special status within the court system. Students will learn about the distribution of juvenile delinquency and the impact of significant social and institutional influences on delinquency: family, school, peers, and drugs. The course will also provide a detailed overview of the juvenile system, from its beginning to the current state of the institution, which will include a review of police work with juveniles, pretrial procedures, and the juvenile court and corrections systems. Major court rulings that have shaped contemporary juvenile justice will be discussed, as will special topics such as the school-to-prison pipeline, racial disparities, and the waiver of juveniles to adult courts. Finally, the course will consider dispositional options available to courts, and will identify the most effective delinquency prevention programs. By the conclusion of this course, students should have an understanding of the juvenile justice system and how it compares with the adult justice system, what programs work to reduce delinquency and recidivism, and be cognizant of some of the major legal and policy issues confronting that system today. The course format will combine lecture, group discussions, and guest presentations. Students may also have the opportunity to observe the juvenile justice system first hand by attending a juvenile court session, visiting a correctional facility for adjudicated delinquents, and hearing directly from those who work with high-risk youth on probation or in the community. Written Work. Each student will write three reflection papers, 5-7 pages each (about 1,700 words) over the quarter. Due dates will be listed in the class syllabus. Elements used in grading: Final grades will be based on the three reflection papers (25% each) and class participation (25%). This course is open to 1Ls, 2Ls, and 3Ls in the Law School.
LAW 2006. Race, Class, and Punishment. 3 Units.
Since the early 1970s, the criminal justice system in the United States has expanded dramatically. America has adopted an array of increasingly tough approaches to crime, including aggressive street-level policing, longer sentences, and a range of collateral consequences for criminal convictions. As a result, there are currently 2.2 million persons in prisons and jails and seven million under some form of correctional supervision. The impact on communities of color has been especially profound: In many of our nation's cities, nearly one-half of young black men are in the criminal justice system. This seminar will begin with readings discussing the tough-on-crime era's historical roots. We will then turn to examine the impact of these policies. Finally, we will turn to current efforts to resist and reform the system that has been created. This portion of the seminar will focus on violent crime, and whether and how to respond to violent crime differently than we currently do. The assigned reading will be substantial, and will come from a wide variety of sources, including history, sociology, political science, criminology, and law. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
LAW 2008. Three Strikes Project: Criminal Justice Reform & Individual Representation. 3 Units.
(Formerly Law 419) This seminar offers an opportunity to study mass incarceration and criminal justice reform in real time. California has been at the forefront of political movements leading to the era of mass incarceration and is now leading the trend in the opposite direction. In this seminar students read and analyze a variety of cases and articles, examining the evolution of incarceration and sentencing reform and assist with related ongoing research, public policy analysis advocacy, and live litigation on behalf of inmates sentenced to life in prison for nonviolent crimes. The class focuses largely on California's 'Three Strikes' recidivist sentencing law as a case study in the history, politics, constitutional doctrine, practical considerations and legal regulation of sentencing policy throughout the country. Students will also test their skills in the field by assisting with the representation of individual inmates sentenced to long prison terms for nonviolent crimes in state and federal courts. The Project has been intimately involved in the movement to reduce incarceration in California, leading ballot measures that implemented legislative reforms to shorten prison sentences and representing individual prisoners sentenced to life for nonviolent crimes. Based on this experience, the Project recently partnered with the Obama administration to support prisoners who receive sentence commutations from the President. Students enrolled in the seminar are involved in all aspects of the Project's work, including assistance with different stages of ongoing litigation. Students will visit a Project client in prison, conduct factual investigations, and draft petitions on our clients' behalf. The Project is an active, fast-paced organization that depends on the hard work and contributions of law students enrolled in this seminar. This seminar offers the opportunity to both study the theory behind the law and to hone practical litigation and advocacy skills in and out of the courtroom. The seminar will meet for 3 hours per week. Students will also meet for 1 hour individually and in teams with Project director Mike Romano each week to discuss their work on their projects. CONSENT APPLICATION: Interested students must apply to enroll in the seminar by sending a one-page statement of interest and resume by email with the subject line "application" to Mike Romano (mromano@stanford.edu). Applications will be considered on a rolling basis. Elements used in grading: Class Participation, Attendance, Written Assignments.
LAW 2009. White Collar Crime. 3 Units.
(Formerly Law 670) This course explores the law of economic and political crimes associated with the rubric "white collar crime." The class is divided thematically between mens rea issues and substantive issues. Among the substantive areas which are covered are: obstruction of justice, perjury, bribery and gratuities, mail and wire fraud, securities fraud, and money laundering. We will study specific federal statutes in considerable detail, while also speculating about the jurisprudence underlying these crimes, and related issues of prosecutorial discretion and attorney ethics. Special instructions: Students may write a paper in lieu of the final exam for Research credit. Also, classroom participation may be taken into account to some very small degree. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and final exam or paper.
LAW 2010. Sentencing, Corrections, and Criminal Justice Policy. 3 Units.
(Formerly Law 621) This introductory course will familiarize students with the history, structure, and performance of America's sentencing and corrections system for adult offenders. Sentencing is the process by which criminal sanctions are imposed in individual cases following criminal convictions. Corrections deals with the implementation and evaluation of criminal sentences after they are handed down. In fact, the two subject areas are inseparable. The course will examine sentencing and corrections from global and historical views, from theoretical and policy perspectives, and with close attention to many problem-specific areas. We will explore: (1) sentencing theories and their application; (2) the nature, scope and function of jails, prisons, probation and parole; (3) the impact of incarceration on crime, communities, and racial justice; (4) the effectiveness of rehabilitation programs; (5) the collateral consequences of a criminal conviction; (6) special prison populations (e.g., mentally ill) and policies (e.g., solitary confinement); (7) prison litigation and conditions of confinement; and (8) parole, risk prediction, and prisoner reentry. These topics will be considered as they play out in current political and policy debates. Guest lectures may include presentations by legal professionals, victims, offenders, and correctional leaders. We also plan to visit a correctional facility. This course is open to 2Ls, and 3Ls in the Law School. Special Instructions: Grades will be based on class participation, and either: (1) three reflection papers of 5 to 7 pages each, or (2) a longer research paper. Due dates will be listed in the class syllabus. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the research (R) requirement, with consent of the instructor. Elements used in grading: Final grades will be based on either the three reflection papers (25% each) or the research paper (75%), and class participation (25%).
LAW 2012. Reinventing American Criminal Justice Systems. 3 Units.
(Formerly Law 787) The scandal of criminal justice in the United States is by now a familiar one, its facts well known. As the late William J. Stuntz wrote in The Collapse of American Criminal Justice: "Rule of law has vanished in America's criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants." There is no controversy that change is needed, and many believe we are now at a policy turning point. For the first time in nearly 40 years, prison populations are declining and a variety of forces--fiscal, political, and evidentiary--have come together to create broad-based support for reconstituting components of the American criminal justice system. Even though the political landscape has changed with President Trump's election, reformers still believe transformative change is possible. But good intentions are not enough, and a policy opportunity is not the same thing as a policy success. This historic opportunity requires a thoughtfully planned, multidisciplinary effort. This seminar is designed to engage in that effort. The class will discuss the reform proposals offered by experts in the recently published book Justice Future: Reinventing American Criminal (2017). Each student will be asked to select a particular area of potential reform (e.g., police, prisons, prosecution, sentencing, drug policy, parole release, risk prediction, juvenile justice, mental health, bail), and to offer a comprehensive concrete proposal for change. The final paper will offer plans for reconstituting that particular component of the criminal justice system. The proposals must be justified in terms of the pertinent legal and empirical research. The goal of each paper is to provide policymakers with a practical blueprint for choosing a different criminal justice future. This course is designed for students who wish to delve deeply into specific areas of criminal justice reform, and have an interest in policy reform and empirical research. This course is open to 1Ls, 2Ls, and 3Ls in the Law School. Elements used in grading: Final Paper. Automatic grading penalty is waived. This course is designated as an "R" course, where the written product is substantial and based on open-ended research by the student. The final paper meets Stanford Law School's research (R) requirement. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 2015. Advanced Criminal Law. 3 Units.
The intensity of the current debates over criminal law and criminal justice policy is at an unusually high level, with strong and conflicting positions being staked out in the areas of race and crime, policing, incarceration and sentencing, drug policy, and guns. We will be discussing these topics with a mixture of doctrinal analysis of key issues, review of secondary commentaries on key aspects of criminal justice policy, and analysis of a few empirical papers that illuminate important elements relevant to these legal and policy debates. Elements used in grading: Grading will be based on attendance, class participation, one-to-two-page response papers to readings, and three six-page papers on topics distilled from each of the three three-week blocks in the course.
LAW 2016. Violence and the Law. 2-3 Units.
This seminar will explore how the law thinks about violence. Across various legal domains---e.g., criminal law, criminal procedure, juvenile justice, immigration, domestic violence, family law, civil rights, free speech, firearms regulation---we will study when and to what extent the law marks off violence as a category of distinct concern, how the violence is defined, and what ideas the law reflects about how violence operates. Students may elect to write a substantial research paper or a series of short response papers. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation, Response Papers or Final Paper.
LAW 2018. Wrongful Convictions: Causes, Preventions and Remedies. 3 Units.
(Formerly Law 381) Over the course of the past two decades there has been increasing recognition that, despite its commitment to the concept of proof beyond a reasonable doubt, our criminal justice system yields a steady stream of wrongful convictions. This Seminar will focus on some causes, preventions and potential remedies for this phenomenon. Subjects to be addressed include eyewitness identification, interrogations and confessions, jailhouse informant testimony, forensic evidence, the psychology of tunnel vision and confirmation bias, the role of appellate review and habeas corpus, the role of clemency, the impact of the problem on the death penalty, and issues around compensation of those who have been wrongly convicted. As we study these subjects, we will also reflect on whether taking some reforms too far will impair on the efficacy of legitimate law enforcement. The class will meet for two hours each week. In addition, there will be three additional evening or weekend sessions (to be scheduled at the convenience of the participants). During each of these additional sessions, students will watch a film involving a wrongful conviction and will engage in conversation about the particular case involved. Each student will be responsible for preparing a paper on an appropriate topic to be chosen in consultation with the instructor. Consent Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; Paper.
LAW 2019. Criminal Procedure: Theoretical Foundations. 2-3 Units.
This course examines the theoretical foundations of criminal procedure---political, historical, and, above all, philosophical. What are the ideas at work in the American system of criminal procedure? How, historically, did the system develop, and why does it presently function as it does? Is the system broken and, if so, what principles should orient us in fixing it? This theoretical inquiry has a practical point. Procedure plays a major role in the present crisis of American criminal justice. By examining criminal procedure's theoretical foundations, this course aims to develop competing "big picture," synthetic perspectives on the criminal justice crisis as a whole. Thus, for students interested in criminal justice reform, this course will equip you to take a philosophically richer view of the underlying policy issues. For students thinking about a career in criminal law, this course will equip you to engage in large-scale thinking about how criminal procedure should change, rather than just working within the doctrinal and institutional structures that exist at present. For students interested in legal academia, this course will develop your ability to read sophisticated theoretical material, to write in the same vein, and to relate theoretical ideas to policy prescriptions. Elements used in grading: Class participation and, based on individual student preference, either a final reflection paper or a final research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length.
LAW 2401. Advanced Civil Procedure. 3 Units.
(Formerly Law 253) This course will address significant areas of procedural law and design that go beyond the first-year civil procedure course, with special attention to the relevance of procedural choices to civil rights and public law litigation. Contemporary litigation frequently involves multiple related actions, multiple parties, and multiple claims that may interact in complex ways, and often aspires to reform institutions in addition to seeking remedies for discrete past harms. This course introduces procedural doctrine, theory, and practice related to complex and/or public law litigation, including such topics as the joinder of claims and parties, claim and issue preclusion, class action law, multidistrict litigation and other forms of aggregation, and the turn towards mandatory arbitration. The course should be of particular interest to aspiring litigators (in any substantive area) and social justice lawyers (litigators or otherwise), and complements other curricular offerings in complex and constitutional litigation. Elements used in grading: Exam, short paper, class participation.
LAW 2402. Evidence. 5 Units.
(Formerly Law 290) Evidence rules constrain proof at criminal and civil trials. We will study the Federal Rules of Evidence, related case law, and those constitutional concepts that limit proof at criminal trials. Topics include relevance, unfair prejudice, character evidence, impeachment, the rape shield law, hearsay, the Confrontation and Compulsory Process Clauses, and expert testimony. Please note that the California Bar Examiners have posted this announcement: "Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Evidence and the California Evidence Code. Applicants should be prepared to compare and contrast the differences between the Federal Rules and the California Evidence Code, especially where the California rules of evidence have no specific counterparts in the Federal Rules." This evidence course covers only the Federal Rules of Evidence and does not address the California Evidence Code. Though similar principles of law govern the Federal Rules and California Code, the two sets of rules are not identical. Students preparing for the California Bar Exam will have to learn some new material. Elements used in grading: Final exam (one-half essay and one-half multiple choice).
LAW 2403. Federal Courts. 4 Units.
(Formerly Law 283) This course considers the role of the federal courts in the federal system. It is both an advanced course in constitutional law and a course on the institutional design of the federal courts. On the first, we consider two great themes: the allocation of power between the states and the federal government -- federalism -- and the relationship between the federal courts and the political branches of the national government -- separation of powers. On the second, we focus on the structure of the judicial system, the scope and limits of federal judicial power, essential aspects of federal court procedure, and the evolving structural response of the federal courts to changes in technology, commerce, government, and a multitude of factors that affect the business of the federal courts and the role of federal judges. Topics may include the original and appellate jurisdiction of the federal courts, Supreme Court review of state court judgments, federal common law including implied rights of action, Congressional power to limit the jurisdiction of the federal courts and to create adjudicative bodies within the federal government but outside the requirements of Article III, state sovereign immunity, justiciability, abstention and other doctrines of restraint, and the role of the federal courts in the war on terrorism. This course is highly recommended for students planning to practice in the federal courts, and many judges consider it essential preparation for a judicial clerkship. This course complements Constitutional Litigation (Law 641/Law 7011), and students, especially those who plan to clerk, will benefit from taking both courses. Elements used in grading: Class Participation, Exam.
LAW 2404. Global Litigation. 4 Units.
(Formerly Law 749) German owned VW admits that it included a "defeat device" in the software for its diesel cars so they could fraudulently pass US environmental tests, and is sued by thousands of US consumers in state and federal courts in the US. Very quickly, the cases are consolidated here in the federal court in Northern California. Meanwhile, special purpose foundations are established in the Netherlands to seek a settlement with VW on behalf of European consumers under the Dutch collective settlement act, and a securities lawsuit on behalf of investors whose share values have dropped dramatically is filed in Germany, using that country's special group litigation procedure. The Dutch foundations may be coordinating their actions with US lawyers, the shareholders in Germany are represented by the local partners of a leading US-based litigation boutique, and the shareholder suit is funded by a UK-based international litigation financing firm. In 2011, US-based Apple sues Korea-based Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. A year later more than 50 lawsuits are ongoing in more than 10 countries. Two years later the companies agree to drop their litigation outside the US and focus their resources on their US litigation battle. Apple wins a big judgment in the federal court in San Jose but in the past several years its award has been whittled down and now it is headed for the U.S. Supreme Court for reconsideration. Samsung's counsel of record is Kathleen Sullivan, former dean of Stanford Law School. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. The arbitration claim is filed after the parent company unsuccessfully challenged Australia's statute before the High Court. In December 2015 the arbitration tribunal rules that it does not have jurisdiction over Philip Morris' claim effectively dismissing it. But controversy over Philip Morris¿ attempt to use investment arbitration to challenge a health regulation derails international trade negotiations between the US and the EU. These high profile cases illustrate an important aspect of complex litigation: across many different substantive domains, in court and ADR proceedings, disputes that used to be contained within national borders are now trans-national. The seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and meet some of the lawyers who are creating a new virtual international court system for the resolution of global disputes. The goal of the seminar is to develop an understanding of how the global dimension of high-stakes complex disputes shapes parties' and lawyers' strategies and judges' decisions. The seminar will meet 3 times a week. A small number of seminar sessions will be conducted in collaboration with law faculty and students in Canada, the Netherlands and Germany, three countries that have adopted procedures for dealing with large-scale civil litigation in distinctive fashion. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program . Elements used in grading: Class participation and course paper.
LAW 2406. Conflict of Laws. 3 Units.
(Formerly Law 251) Instances are common in law where more than one legal authority potentially governs a particular event, occurrence or transaction. When the outcome required by these authorities differs, which law governs? Beginning with the classic problem of choosing an applicable law in cases with facts touching more than one jurisdiction, this course is designed broadly to explore the variety of theories and systems used to resolve this question. The course thus uses state/state conflicts to develop a set of approaches and then extends these to such other problems as adjudicatory jurisdiction, judgments, federal subject-matter jurisdiction, and public and private international law. Elements used in grading: Attendance, preparation, participation and final examination.
LAW 2502. Climate Change Policy: Economic, Legal, and Political Analysis. 4 Units.
(Formerly Law 746) This course will advance students' understanding of economic, legal, and political approaches to avoiding or managing the problem of global climate change. Beyond focusing on economic issues and legal constraints, it will address the political economy of various emissions-reduction strategies. The course will consider policy efforts at the local, national, and international levels. Theoretical contributions as well as empirical analyses will be considered. Specific topics include: interactions among overlapping climate policies and between new policies and pre-existing legal or regulatory frameworks; the role that jurisdictional or geographic scale can play in influencing the performance of climate policy approaches; and numerical modeling and statistical analyses of climate change policies. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Economics (ECON 159).
LAW 2503. Energy Law. 3 Units.
(Formerly Law 455) The supply of a reliable, low-cost and clean energy supply for the United States is a key determinant of current and future prosperity. Perhaps as a result, electric utilities are among the most heavily regulated of large firms. This statutory and regulatory framework is composed of a complex patchwork of overlapping state and federal rules that is constantly evolving to meet emerging challenges to the energy system. In this course, students will acquire a basic understanding of the law of rate-based regulation of utilities. We will then examine the history of natural gas pipeline regulation in the United States, concluding with the introduction of market competition into US natural gas markets and the advent of shale gas. Next, we will cover the basics of the electricity system, including consumer demand, grid operations, and power plant technologies and economics. We will then revisit cost of service rate regulation as it has been applied in the electricity context. Next we will examine reform of both rate-regulated and wholesale market-based structures, focusing on various attempts to introduce market competition into aspects of the industry and to strengthen incentives for utility investment in energy efficiency. Finally, students will examine various approaches to subsidization of utility scale renewable energy and the growth of distributed energy. Throughout, the course will focus on the sometimes cooperative, sometimes competing, but ever evolving federal and state roles in regulating the supply of electric power. Students will write two 1000 word response papers to questions related to readings and outside speakers in addition to taking a final exam. Elements used in grading: Class participation (20%), written assignments (40%), and final exam (40%).
LAW 2504. Environmental Law and Policy. 3 Units.
(Formerly Law 603) Environmental law is critically important and endlessly fascinating. In this course, we will look at the major statutes and policies used, at both the federal and state levels, to protect humans and the environment against exposure to harmful substances, including the Clean Air Act, Clean Water Act, Superfund, the Resource Conservation & Recovery Act, and laws designed to regulate toxic substances. This class will also examine the challenges of global air pollution, including climate change and ozone depletion. The class will look not only at the substance of these laws and policies, but also at enforcement challenges, alternative legal mechanisms for advancing environmental policies (such as voter initiatives and common-law actions), the role of market mechanisms in addressing environmental problems, and constitutional restrictions on environmental regulation. As part of the class, students will engage in a series of situational case studies designed to provide a better sense of the real-world issues faced by environmental lawyers and to teach students the skills and tactics needed to solve those issues. Elements used in grading: Attendance, Class Participation, Exam.
LAW 2505. Land Use Law. 3 Units.
(Formerly Law 338) This course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including: the tools and legal foundation of modern land use law; the process of land development; vested property rights, development agreements, and takings; growth control, sprawl, and housing density; and direct democracy over land use. We explore how land use decisions affect environmental quality and how land use decision-making addresses environmental impacts. Special Instructions: All graduate students from other departments are encouraged to enroll, and no pre-requisites apply. Student participation is essential. Roughly two-thirds of the class time will involve a combination of lecture and classroom discussion. The remaining time will engage students in case studies based on actual land use issues and disputes. This class is limited to 40 students, with an effort made to have students from SLS (30 students will be selected by lottery) and students from Earth Systems (10 students). Elements used in grading: Attendance, class participation, writing assignments, and final exam. Elements used in grading: Attendance, Class Participation, Final Exam. This course is cross-listed with Earth Systems (EARTHSYS 238).
LAW 2506. Natural Resources Law and Policy. 3 Units.
(Formerly Law 281) Governance of natural resources presents difficult and contentious issues of law and public policy. Debate rages over issues such as proposals to reform the Endangered Species Act, how to manage public lands and whether to privatize them, whether the President can unilaterally revoke the protected status of national monuments, and how to prevent disastrous overfishing of the world's oceans. This course will present a survey of major areas of natural resources law, with particular attention to public-lands law (the law of national parks, forests, wilderness areas, etc.), biodiversity, and agriculture. Additional topics will include environmental justice and the constitutional dimensions of ecological challenges. Throughout the course, we will consider the historical and political context of natural resources law, examining how new ideas and social movements in the past helped to shape current laws, and asking how today's ferment might foreshadow future lawmaking. We will not treat either water law or energy law in depth. Elements used in grading: Class Participation, Final Exam.
LAW 2508. The Business of Water. 2 Units.
One of the fastest growing economic sectors is the water field, and private water companies are playing an increasingly important role around the world in water management. In many cases, private companies have made important contributions to meeting water needs (e.g., in the development of new technologies and expanding water supplies). In other cases, however, the involvement of private companies has proven controversial (e.g., when private companies have taken over public water supply systems in developing countries such as Bolivia). This course will look at established or emerging businesses in the water sector and the legal, economic, and social issues that they generate. These businesses include investor-owned water utilities, water technology companies (e.g., companies investing in new desalination or water recycling technologies), water-right funds (who directly buy and sell water rights), social impact funds, innovative agricultural operations, water concessionaires, and infrastructure construction companies and investors. Each week will focus on a different business and company. Company executives will attend the class session and discuss their business with the class. In most classes, we will examine (1) the viability and efficacy of the company's business plan, (2) the legal and/or social issues arising from the business' work, and (3) how the business might contribute to improved water management and policy. Each student will be expected to write (1) two short reflection papers during the course of the quarter on businesses that present to the class, and (2) a 10- to15-page paper at the conclusion on the class on either a water company of the student's choice or a policy initiative that can improve the role that business plays in improving water management (either in a particular sector or more generally). Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Cross-listed with Civil & Environmental Engineering (CEE 273B).
LAW 2509. Clean Energy Project Development and Finance. 3 Units.
(Formerly Law 774) This case study-oriented course will focus on the critical skills needed to evaluate, develop, finance (on a non-recourse basis), and complete standalone energy and infrastructure projects. The primary course materials will be documents from several representative projects -- e.g., solar, wind, storage, carbon capture, transmission, combined heat & power -- covering key areas including market and feasibility studies, environmental permitting and regulatory decisions, financial disclosure from bank and bond transactions, and construction, input, and offtake contracts. For virtually every clean energy project, legal documents and financial/business models tend to highly customized. By examining actual projects and transactions we can learn how developers, financiers, and lawyers work to get deals over the finish line--deals that meet the demands of the market, the requirements of the law, and (sometimes) broader societal goals, in particular climate change, economic competitiveness, and energy security. Elements used in grading: Class Participation (35 %), Lecture-based Assignment (15 %), Group Project (50 %). Absences affect grade. Also open to engineering graduate students. Cross-listed with Graduate School of Business (GSBGEN 335). CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 2510. California Coast: Science, Policy and Law. 4 Units.
(Formerly Law 514) This interdisciplinary course integrates the legal, scientific, and policy dimensions of how we characterize and manage resource use and allocation along the California coast. We will use this geographic setting as the vehicle for exploring more generally how agencies, legislatures, and courts resolve resource-use conflicts and the role that scientific information and uncertainty play in the process. Our focus will be on the land-sea interface as we explore contemporary coastal land-use and marine resource decision-making, including coastal pollution, public health, ecosystem management; public access; private development; local community and state infrastructure; natural systems and significant threats; resource extraction; and conservation, mitigation and restoration. Students will learn the fundamental physics, chemistry, and biology of the coastal zone, tools for exploring data collected in the coastal ocean, and the institutional framework that shapes public and private decisions affecting coastal resources. There will be 3 to 4 written assignments addressing policy and science issues during the quarter, as well as a take-home final assignment. Special Instructions: In-class work and discussion is often done in interdisciplinary teams of students from the School of Law, the School of Engineering, the School of Humanities and Sciences, and the School of Earth, Energy, and Environmental Sciences. Students are expected to participate in class discussion and field trips. Elements used in grading: Participation, including class session and field trip attendance, writing and quantitative assignments. Cross-listed with Civil & Environmental Engineering (CEE 175A/275A) and Earth Systems (EARTHSYS 175/275).
LAW 2512. Cities and Sustainability: Current Issues, Policy, and Law. 2 Units.
Cities are on the front lines of solving many of society's sustainability problems, from advancing green buildings and clean energy, to preparing for the effects of climate change. With a diminishing role of the federal government on environmental policy and regulation, it is up to sub-nationals like states and cities to lead innovation and deployment of clean energy, resilience strategies, water management, and more. This class will explore the evolving role of cities in advancing sustainability from the lens of law, policy, planning, and governance. Some of the topics we will discuss in-depth include climate mitigation, clean energy, green buildings, climate adaptation and resilience, water supply and reuse, land use and transportation, and more. Case studies will focus on U.S. cities with some emphasis on California. Overarching themes across all content areas include legal constraints of city authority, governance, socioeconomic tradeoffs, and the roles of various types of institutions in developing, advancing, and advocating for local policy change. Elements used in grading: Attendance, Class Participation, Written Assignments, Exam.
LAW 2513. Climate: Politics, Finance and Infrastructure. 2 Units.
While climate change is often considered an 'environmental problem', the risks and opportunities embedded in a changing climate go well beyond the frame of the natural environment. This course will reframe climate as a macroeconomic challenge, one in which multilateral politics, global investment and physical and institutional infrastructure must be understood and reconsidered. Based on scholarly analysis, case studies, and guest speakers, this interdisciplinary course will cover the past, present and future pillars of climate politics and finance. Starting with the key takeaways from past global climate negotiations, the bulk of the course will investigate current innovations at the intersection of finance and policy, including risk management and disclosure, blended finance, distributed solutions, and resilience measures. The final sessions will consider what is just beyond the horizon as future leaders embark on solving the greatest challenge of our time. Special Instructions: Grades will be based on class attendance, class participation, and a final solutions paper considering the design of a financial or policy intervention with the potential to reduce emissions on a gigaton scale. This class is limited to 25 students, with an effort made to have students from SLS (15 students will be selected by lottery) and 10 non-law students by consent of instructor.
LAW 2515. Environmental Justice. 3 Units.
(Formerly 768) This course will introduce environmental justice as a social movement, including its central substantive concerns (the needs of humans in the built environment rather than the need to protect the environment from humans) and its methods (community-based political organizing rather than professionalized judicial or legislative action). The bulk of the course will then pursue a broader conception of environmental justice today by using social science research, theory, and case studies to investigate the civil rights and poverty aspects of environmental safety and natural resources. The course will include units on: (1) toxic exposure and public health disparities stemming from the disproportionate siting of locally-unwanted land uses in poor neighborhoods of color; (2) access to natural resources and basic public services, including clean water, wastewater disposal, and open space; (3) tools in environmental justice advocacy (including community-based lawyering, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, common law nuisance actions, and transactional lawyering); (4) environmental justice issues in Indian Country, and (5) environmental justice issues in climate change policy. Much of the course material, including student presentations, will be grounded in the experiences and advocacy histories of specific communities, both urban and rural, across the country. Grades will be based on class participation and (1) weekly reflection papers of 3-5 pages each week for each of our topics or (2) a long research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Students who opt for a long research paper may, if they so choose, conduct substantial legal research responsive to a non-profit environmental justice organization's legal needs. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
LAW 2517. Modern Crosscurrents in Energy and Environmental Law. 3 Units.
This course explores the close relationship between energy and environmental law. We will work through the major energy sectors and, for each, discuss key environmental law and policy issues that are influencing energy production and use. Our focus will be on current issues. We'll explore environmental issues that are traditionally associated with the energy sector, including air emissions, waste disposal and cleanup, and oil spills, while also covering new environmental issues emerging from the energy sector including climate change-related regulatory and business risk issues, energy infrastructure permitting issues, and environmental pressure points on the utility industry and on renewable energy and conventional energy projects, more generally. Elements used in grading: Exam; one written assignment; class participation.
LAW 2518. U.S. Environmental Law in Transition. 1 Unit.
This course offers an accessible survey of timely topics in environmental law and policy as the United States transitions presidential administrations. Taught by two practicing lawyers, the class introduces students from any background to the interactions between local, state, and federal environmental law as they apply to critical policy issues. We will analyze major changes in federal policy, providing historical context for the transformations now underway in the laws and institutions that shape environmental outcomes in the United States. Elements used in grading: Attendance, Class Participation, Final Paper. Cross-listed with Earth Systems (EARTHSYS 108 & 208).
LAW 2519. Water Law. 3 Units.
(Formerly Law 437) This course will study how society allocates and protects its most crucial natural resource -- water. The emphasis will be on current legal and policy debates, although we will also examine the history of water development and politics. Although the course will focus on United States law and policy, insights from the course are applicable to water regimes throughout the world, and we will occasionally look at law and policy elsewhere in the world for comparison. Among the many issues that we will consider are: how to allocate water during periods of scarcity (particularly as climate change leads to more extremes); alternative means of responding to the world's growing demands for water (including active conservation); the appropriate role for the market and private companies in meeting society's water needs; protection of threatened groundwater resources; environmental limits on water development (including the U.S. Endangered Species Act and the "public trust" doctrine); constitutional issues in water governance; Indian water rights; protection of water quality; challenges to substantively reforming existing water law; and interstate and international disputes over water. Students will be expected to participate actively in classroom discussions. Elements Used in Grading: Class participation, attendance and final exam.
LAW 2520. Climate Law and Policy. 3 Units.
This course offers an interdisciplinary, graduate-level survey of current and historical efforts to regulate emissions of greenhouse gases in the United States and around the world. Students will read primary legal documents---including statutes, regulations, and court cases---in order to evaluate the forces and institutions shaping American climate policy. Additional perspectives from climate science, economics, and political science will provide context as students analyze the evolution of climate law and policy regimes. Elements used in grading: Grades will be based on class attendance, class participation, and either written assignments and an exam (section 01) or a final paper (section 02). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Cross-listed with Environment and Resources (ENVRES 222).
LAW 3001. Health Law: Finance and Insurance. 3 Units.
(Formerly Law 348) This course provides the legal, institutional, and economic background necessary to understand the financing and production of health services in the U.S. We will discuss the Affordable Care Act , health insurance (Medicare and Medicaid, employer-sponsored insurance, the uninsured), the approval process and IP protection for pharmaceuticals, and antitrust policy. We may discuss obesity and wellness, regulation of fraud and abuse, and medical malpractice. The syllabus for this course can be found at https://syllabus.stanford.edu. Elements used in grading: Participation, attendance, class presentation, and final exam. Cross-listed with Graduate School of Business (MGTECON 331), Health Research & Policy (HRP 391) & Public Policy (PUBLPOL 231).
LAW 3002. Health Law: Quality and Safety of Care. 3 Units.
(Formerly Law 727) Concerns about the quality of health care, along with concerns about its cost and accessibility, are the focal points of American health policy. This course will consider how legislators, courts, and professional groups attempt to safeguard the quality and safety of the health care patients receive. The course approaches "regulation" in a broad sense. We will cover regimes for determining who may deliver health care services (e.g. licensing and accreditation agencies), legal and ethical obligations providers owe to patients (e.g. confidentiality, informed consent), individual and institutional liability for substandard care, and various proposals for reforming the medical malpractice system. We will also discuss the Patient Protection and Affordable Care Act (aka, "Obamacare"), which is launching many new initiatives aimed at assuring or improving health care quality. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Exam or Final Paper. Cross-listed with School of Medicine (MED 209).
LAW 3003. Health Law: The FDA. 3 Units.
(Formerly Law 458) This course will examine the Food and Drug Administration. It will focus largely on the FDA's regulation of drugs and biologics, but will also cover its regulation of medical devices, nutritional supplements, and its jurisdiction over special legal, social, and ethical issues arising from advances in the biosciences. Special Instructions: The class is open to all law students and graduate or professional students from other parts of the University. Substantial class attendance is required; in addition, the quality of class participation will play a small role in grading. Elements used in grading: Attendance, class participation, and final exam (In-school, open book). Cross listed with Health Research and Policy (HRP 209).
LAW 3004. Law and Biosciences: Genetics. 2 Units.
(Formerly Law 480) This seminar will focus on ethical, legal, and social issues arising from advances in our knowledge of human genetics. These will drawn from topics such as forensic uses of genetics, genetic testing, widespread whole genome sequencing, genome editing, genome synthesis, the consequences of genetics for human reproduction, and the ethics of genomic biobanks for research, among other things. Students are required to write a research paper for this course. Special Instructions: The class is open to all law students and graduate or professional students from othr parts of the University. Substantial class attendance is required; in addition, the quality of class participation will play a small role in grading. Students will be required to submit an independent research paper. Elements used in grading: Class participation, attendance and final paper. Cross-listed with Health Research & Policy (HRP 221).
LAW 3005. Law and Biosciences Workshop. 1 Unit.
(Formerly Law 654) This workshop seminar will provide students with the opportunity to examine and critique cutting-edge research and work in the field of law and the biosciences presented by different speakers from Stanford and elsewhere. Although it is open to all students, the seminar is designed especially for those with an interest in the field who wish to stay abreast of current issues, work, and ideas. In each class, an academic expert, policy maker, or practitioner will present his or her current research or work and engage in a robust discussion. The class will be worth one unit. It will meet eight times for ninety minutes; students will need to attend at least six of the eight sessions and, for each session attended, write a reflection piece of roughly three double-spaced pages, due just before the speaker¿s presentation. The class is open to first-year Law School students. Elements used in grading: Class participation, attendance, and written assignments.
LAW 3006. Law and Biosciences: Neuroscience. 2 Units.
(Formerly Law 368) This seminar examines legal, social, and ethical issues arising from advances in the biosciences. This year it will focus on neuroscience. It will examine how neuroscience will affect the law, and society, through improvements in predicting illnesses and behaviors, in "reading minds" through neuroimaging, in understanding responsibility and consciousness, in "treating" criminal behavior, and in cognitive enhancement. Students who have taken the Law and the Biosciences (Genetics) seminar in past years may receive additional credit for taking this year's class. The class is open to 1Ls. Elements used in grading: Class participation, attendance and final research paper. Cross-listed with Health Research & Policy (HRP 211).
LAW 3009. Health Law: Improving Public Health. 3 Units.
(Formerly Law 762) This course examines how the law can be used to improve the public's health. The major questions explored are, what authority does the government have to regulate in the interest of public health? How are individual rights balanced against this authority? What are the benefits and pitfalls of using laws and litigation to achieve public health goals? The course investigates these issues as they operate in a range of specific contexts in public health, including the control and prevention of infectious disease; preventing obesity; reducing tobacco use; ensuring access to medical care; reducing firearm injuries; and responding to public health emergencies. In these contexts, we will ask and answer questions such as, what do the Constitution and key statutes permit? What makes a good public health law? Where do we see success stories---and failures---in public health law? What ethical and economic arguments justify government intervention to shape individuals' and companies' health-related behaviors? Instruction is through interactive lectures with a significant amount of class discussion and some group exercises. Class Participation, Written Assignments, Final Exam. Cross-listed with Medicine (MED 237).
LAW 3010. Mental Health Law. 2 Units.
This class will review basic issues surrounding mental health law. Units will include a) Mental health in the criminal justice system; b) forced treatment and hospitalization; c) qualification for government benefits; d) discrimination under ADA; e) incapacity and other issues in the civil law context. Elements used in grading: Class Participation, Written Assignments, Final Paper.
LAW 3254. How to Ask a Question. 2 Units.
(Formerly Law 715A) Asking questions is at the core of the role of an attorney. Whether it is interviewing a potential new client, interrogating a witness in a deposition, or conducting a direct or cross examination at trial, knowing how to ask a question is an essential lawyering skill. We'll explore textual materials and real life case examples in transcripts, videotape, and cinema to determine the principals and best practices for questioning. We'll learn how to prepare for questioning, how to focus, narrow, and broaden an examination, how to obtain key admissions, how to deal with a difficult opponent, when to stop asking, and how to use what's been obtained in court or otherwise to win for your clients. This course will give you the skills and tools needed for the critical roles of understanding your clients and your cases and successfully representing their causes. Class attendance is required. Shanin Specter is a founding partner of Kline & Specter, P.C., in Philadelphia, concentrating in catastrophic injury litigation. He has obtained more than 200 settlements or verdicts in excess of $1 million and is a member of the Inner Circle of Advocates, whose membership is limited to the top 100 plaintiffs' attorneys in the United States. Elements used in grading: final exam, class work.
LAW 3258. Responsibility for Risk: Perspectives on Liability Insurance. 2-3 Units.
This seminar will explore the intellectual foundations of the institution of insurance, including the following key questions: How is insurance to be conceived: from a contract perspective? a tort perspective? a private governmental perspective? Correlatively, what are the economic and ethical dimensions of risk classifications and management? How serious are the concerns about moral hazard and adverse selection---core concepts of insurance law? What standards should be used to resolve insurance bad faith claims? And, when a party is sued and the liability insurer controls the party's defense, how should the defense lawyer hired by the insurer navigate---and conceive of---this triangular relationship? The pervasive role of insurance in addressing societal concerns about accidental harm is vitally important but has been remarkably under-examined in the traditional law school curriculum. Special Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation, class attendance, reflection papers or research paper. Early drop deadline.
LAW 3502. Art and the Law. 2 Units.
(Formerly Law 236) This course covers the legal, public policy, and ethical issues that concern artists, art dealers, auction houses, museums, collectors, and others who comprise the world of visual art. Our focus will be on artists' rights (including copyright, resale royalties, moral rights, and freedom of expression issues), how the market in art functions (such as the artist-dealer relationship, auction rules, and issues faced by collectors), and the legal and ethical rules governing the collection, donation, and display of visual art, particularly for museums and their donors. The course focuses on certain recurrent themes: How do statutes and courts define (or attempt to define) art-and how is art defined differently for different legal purposes? How does the special character of art justify or require different treatment under the law from that accorded other tangible personal property, and how does (and should) the expressive nature of art affect the way it is owned, protected, regulated, or funded? We anticipate having two or three visitors to the class during the quarter, such as a gallery owner, auctioneer, and museum director. In addition, we will also have the students participate in at least one or two interactive negotiation simulation exercises inspired by real situations and controversies in the art world. Graduate students from other departments are welcome to take this course with the permission of the instructor. This class is limited to 30 students, with an effort made to have students from SLS (25 students will be selected by lottery) and 5 non-law students by consent of instructor. Elements used in grading: Class participation, attendance, final exam.
LAW 3504. History of American Law. 3 Units.
(Formerly Law 318) This course examines the growth and development of American legal institutions with particular attention to crime and punishment, slavery and race relations, the role of law in developing the economy, and the place of lawyers in American society, from colonial times to the present. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Final exam or paper. Automatic grading penalty waived for writers. Cross-listed with History (HISTORY 152 - Consent of instructor required) & (HISTORY 352B).
LAW 3505. Law and Culture in American Fiction. 3 Units.
(Formerly Law 345) This seminar examines the way literary texts register changes in property law, the law of contracts, intellectual property and legal constructions of race, gender, and privacy, especially as they relate to the maintenance of personal identity, community stability, and linguistic meaning. The terms and stakes of these relationships will inform our readings of the texts themselves, as well as our understanding of their representations of law. The writers whose work we will consider include James Fenimore Cooper, Herman Melville, Henry James, Nella Larsen, Willa Cather, William Faulkner, and Sherman Alexie. Each week, a novel or story will be paired with relevant legal and historical readings. We will also consider the points of contact between literary narrative and narrative in law. English Department cognate course. Special instructions: Course requirements include class attendance and participation, three short response papers, and two longer papers. For Research "R" credit, students may petition to complete one long paper based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, written assignments and final paper. Automatic grading penalty waived for writers.
LAW 3506. Law and Empire in U.S. History. 2-3 Units.
This course will examine the interrelationship between legal norms and empire in the history of the United States. Topics in this part will include the Constitution as an imperial document; law and the expansion of the United States in western North America, Puerto Rico, and Hawaii; the Insular Cases; and current debates over extraterritoriality and the War on Terror. Substantial readings will consist of scholarly articles, historical cases, and primary sources, and will be provided online. Requirements for the course include regular class participation and, at the students' election, either response papers or a historiographical essay. Students may also elect to complete a research paper, in which case they will receive 3 units and "R" credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.
LAW 3507. Law and the Rhetorical Tradition. 3 Units.
(Formerly Law 304) In this interdisciplinary seminar we will explore the rhetorical underpinnings of legal argument. In the first half of the course, we will acquaint ourselves with relevant elements of the rhetorical tradition. In the second half, we will analyze a variety of legal texts (both written and oral) with an eye to the use and function of rhetorical principles, as well as the ways form and content are mutually constitutive. This course aims both to increase students' understanding of rhetoric as readers and interpreters of legal texts and to develop students' skills as writers and speakers. Students will be expected to participate in class discussion in addition to completing a series of writing assignments including the rhetorical analysis of legal and non-legal texts and the revision of students' legal writing. Special Instructions: This course can satisfy the Research "R" requirement. The instructor and the student must agree whether the student will receive "R" credit. For "R" credit, the paper is substantial and is based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, assignments, final paper. Automatic grading penalty waived for writers.
LAW 3508. Law and Visual Literacy. 3 Units.
(Formerly Law 760) We know it when we see it. But what kind of knowledge does a smartphone or dashboard camera video offer? We tend to treat certain kinds of video as unmediated representations of reality, even though as sophisticated consumers of media we should know better. Neuroscience, empirical research, and cultural theory all refute this so-called reality effect. But the desire that drives it--the desire for definitive proof of what did or did not happen--arises from very real experience, and is inextricably connected to the legal process. This seminar tracks the legal reception of modern visual representation from the confusion about the admissibility of photographs in the late 19th century (is it like a drawing? is it like eyewitness testimony?) to the debate about cameras in the courtroom in the late 20th century (do judges and jurors decide differently when the proceedings are subject to public scrutiny?) to the frequent and strategic deployment of visual media in pretrial and litigation practice today. We will also explore the prominent role of video in today's conversation about policing and race. Course materials range from film theory to social psychology to presentations by practicing attorneys. Special Instructions: This course can satisfy the Research "R" requirement. The instructor and the student must agree whether the student will receive "R" credit. For "R" credit, the paper is substantial and is based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements Used in Grading: Class Participation. Attendance, Written Assignments, Final Paper. Automatic grading penalty waived for writers.
LAW 3510. Psychological Development: Myth, Law, and Practice. 2 Units.
(Formerly Law 491) Collective myths from a variety of traditions and cultures capture enduring psychological truths about human choices and the human condition. Lawyers at various stages in their careers have their own personal myths, sometimes conscious and sometimes not. These personal myths embody key tendencies that determine or heavily influence each lawyer's personal and professional path. This course uses some salient collective myths as well as modern psychological material to create a powerful backdrop for self-examination and self-development. It offers a space and time for each student to consider his or her own personal and professional direction through the course materials, class interactions, and a series of reflection papers. The course benefits from the collaboration of Ron Tyler, Director of the Criminal Defense Clinic, who will conduct a session focusing on mindfulness practices. Elements used in grading: A series of reflection papers totaling at least 18-pages.
LAW 3511. Writing Workshop: Law and Creativity. 3 Units.
(Formerly Law 239) Practicing law is very much a creative enterprise. Effective advocates and counselors provide innovative and thoughtful solutions to complex problems. But there often isn't enough attention devoted in law school either to thinking creatively or to reflecting in a creative way on the issues students confront inside and outside the classroom. This course will respond to this gap by building a bridge between law and the arts, with the goal of helping students hone their ability to think creatively and use disciplined imagination. Law & Creativity will meet twice a week and have dual components designed to inform one another. The first session will be structured as a seminar in which students gather to examine and discuss creative treatments of legal and professional issues in a variety of media (including film, fiction, and nonfiction). The second session will follow the creative-writing workshop model in which students submit their own fiction and creative nonfiction pieces for group discussion. Through the workshop process, students will develop the skills necessary to constructively critique and workshop one another's work, and learn a variety of techniques for improving their own creative writing. Elements used in grading: Class attendance, participation and final paper.
LAW 3512. Markets, Morals and the Law. 2 Units.
What things should or should not be for sale - and why? This course will consider several examples of "blocked exchanges" or "contested commodities," including the trade in reproductive services, body parts, environmental resources, political rights and obligations, and the varieties of human labor. With readings drawn from law, philosophy, and moral and political economy, the purpose of the course will be to examine a range of contemporary controversies over commodification and to consider arguments about the appropriate scope and limits of market activity. The assigned reading will be substantial, varied, and demanding. Elements used in grading: Attendance, Class Participation, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 3514. Law and Inequality. 1 Unit.
This reading group will focus on the challenges presented to law by the long-term growth of economic inequality. In addition to exploring evidence of rising inequality (including the work of Thomas Piketty and others), we will examine legal and other scholarship that seeks to understand law's contribution to inequality and legal responses that might reduce inequality or ameliorate its effects. Meeting Time: TBD with instructor. Elements used in grading: Attendance, Class Participation.
Same as: Reading Group
LAW 3515. Law and Humanities Workshop: History, Literature, and Philosophy. 2-3 Units.
(Formerly Law 516) The Law and Humanities Workshop: History, Literature, and Philosophy is designed as a forum in which faculty and students from the Law School and from various humanities departments can discuss some of the best work now being done in law and humanities. Every other week, an invited speaker will present his or her current research for discussion. In the week prior to a given speaker's presentation, the class will meet as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students will then read the speaker's paper in advance of the following week's workshop presentation. Students have two options. Those taking the course for 2 units are required to write a brief response to each speaker's paper. There will be a total of four speakers, and thus four papers. Guidance will be provided concerning how to frame these response papers, which will be due every two weeks - i.e., on the day before the speaker presents. Students taking the course for 3 units are required to write a research paper on a law and humanities topic that they choose (in consultation with the professors). Law students who complete this 3-unit track will receive an "R" credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Enrollment will be limited to 30 students -- 20 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class participation, attendance, and writing assignments. Cross-listed with the Department of History (HIST 308F).
LAW 3517. Law and Literature. 3 Units.
Course description and elements used in grading: TBA.
LAW 3518. Law and Psychology. 3 Units.
This course will examine the implications of psychological theory and research for normative legal theory and for contemporary legal policies, procedures, and practices. The course will draw on contemporary cognitive, social, and clinical psychology to address the concepts of intent, responsibility, deterrence, retribution, morality, and procedural and distributive justice. We will examine evidence law (e.g. eyewitness testimony, polygraphy, expert testimony, psychiatric diagnosis and prediction), procedure (e.g., trial conduct, jury selection, settlement negotiations, alternative dispute resolution), and various topics in criminal law, torts, contracts, property, discrimination, family law, and other areas. We will compare "rational actor" and psychological perspectives on decision making by juries, judges, attorneys, and litigants. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Series of shorter papers or final independent research paper totaling 28 pages.
LAW 4001. Communications Law: Broadcast and Cable Television. 3 Units.
(Formerly Law 447) Most people watch television on a regular basis (although not necessarily on TV). Television entertains, delivers the news, and provides an important forum for debating political issues. Focusing on communications law and first amendment law, the course will discuss how and why regulation shapes what we see on TV, and how it attempts to ensure that television can fulfill its functions for society. For example, why is cable television so expensive? Why can comedians swear on cable TV, but not on broadcast TV? Should regulators care as much about violence as they do about indecency? Can we trust the market to give the audience what it wants? Will the market provide content that is in the public interest, such as local news or educational programming, or do regulators need to intervene? Should we care if media outlets are increasingly owned by a few small conglomerates? And how does the Internet affect the need for ownership regulation? The course mostly focuses on the U.S., but highlights developments elsewhere where appropriate. Special instructions: Students may take Communications Law: Internet and Telephony and Communications Law: Broadcast and Cable Television in any order (neither is a prerequisite for the other). There are no prerequisites for this course. No technical background is required. Elements used in grading: Class participation, attendance, final exam.
LAW 4003. Current Issues in Network Neutrality. 2 Units.
(Formerly Law 731) Due to the change in administration, the future of net neutrality in the US is in question again. Network neutrality rules are based on a simple principle: Internet service providers like Verizon or Comcast that connect us to the Internet should not control what happens on the Internet. Net neutrality rules prohibit ISPs from blocking or slowing down websites, making some sites more attractive than others, or charging sites fees to reach people faster. After a long, public fight that mobilized more than 4 million people across the political spectrum, the Federal Communications Commission (FCC) adopted strong net neutrality rules in February 2015. Now these rules might be on the chopping block. FCC Chairman Pai, who opposed the rules when they were adopted, has declared his intention to roll back the rules, while expressing some support for "net neutrality principles." At the same time, Republicans in Congress have indicated they might consider a legislative solution. Through lectures, class discussions, and guest speakers, the seminar will introduce students to the key questions underlying the net neutrality debate so that they can become informed participants in this debate. Do we need net neutrality rules, and, if yes, what should they be? What are the options for addressing net neutrality at the FCC and in Congress? How do past court decisions constrain the FCC's options for adopting net neutrality rules? While the class focuses on the net neutrality debate in the U.S., the underlying policy questions are general and directly applicable to ongoing net neutrality debates around the world. The class is open to law students and students from other parts of the university. Students do not need to have any technical background to participate in the class; any necessary background will be taught in class. Elements used in grading: Short written assignments, class participation, attendance. Students are expected to attend all sessions of the class and participate in the class discussion. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 4004. Cybersecurity: A Legal and Technical Perspective. 2 Units.
This class will use the case method to teach basic computer, network, and information security from a technology, law, policy, and business perspective. Using recent security incidents from the news, we will discuss the technical aspects of the incident, the legal and policy aspects of the problem, and business approaches to managing breaches. The case studies will be organized around the following topics: tracking political dissidents, state sponsored sabotage, corporate and government espionage, credit card theft, theft of embarrassing personal data, phishing and social engineering attacks, denial of service attacks, attacks on weak session management and URLs, cloud data storage as a security risk, wiretapping on the Internet, and digital forensics. Students taking the class will learn about the techniques attackers use, applicable legal prohibitions, rights, and remedies, and approaches to managing the risk and aftermath of an attack. Grades will be based on class participation (20%), four reflection papers (20%), and on a student term paper explaining the technical and legal concepts relevant to a recent cybersecurity breach of the student's choice, with instructor approval (60%). The class will be co-taught by Stanford Professor of Computer Science and Electrical Engineering and co-director of the Stanford Computer Security Lab Dan Boneh and Director of Civil Liberties at the Law School's Center for Internet and Society Jennifer Granick. Special Instructions: This class is limited to 80 students, with an effort made to have students from SLS (40 students will be selected by lottery) and students from Computer Science (40 students). Elements used in grading: Class Participation, Final Paper. Cross-listed with Computer Science (CS 203).
LAW 4005. Introduction to Intellectual Property. 4 Units.
(Formerly Law 409) This is an overview course covering the basics of intellectual property law -- trade secrets, patents, copyrights, and trademarks, as well as selected other state intellectual property rights. This course is designed both for those who are interested in pursuing IP as a career, and those who are looking only for a basic knowledge of the subject. There are no prerequisites, and a scientific background is not required. Elements used in grading: Class participation and final exam (4-hour, open-book, in-class final).
LAW 4006. Intellectual Property and Antitrust Law. 3 Units.
(Formerly Law 459) This is an advanced seminar focusing on antitrust law as it applies to the creation, licensing, and exercise of intellectual property rights. At least one IP or antitrust class is a prerequisite, and ideally both. Papers will be due before the Law School deadline. Draft papers will be due in time for student presentations. Elements use in grading: Class participation and final paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 4007. Intellectual Property: Copyright. 3 Units.
(Formerly Law 324) This course provides an introduction to copyright law and policy. Students will learn the fundamental substantive and procedural features of copyright law, including subject matter requirements and limitations on protection with respect to validity, infringement, and defenses, as well as the boundaries between federal copyright law and other IP regimes. It will explore the source and nature of copyright protection, as well as the various justifications offered for such protection. In addition to familiarity with the Copyright Act and extensive case law, students will gain an understanding of copyright policy. Whose work should be protected, to what extent, and under what circumstances? Which unauthorized uses should count as infringing, and why? Special emphasis will be placed on the evolution of copyright in the digital era, since copyright law has evolved nearly constantly, in connection with new technologies, creative practices, and business models, as well as legislative and political shifts. There is no prerequisite for this course. Elements used in grading: Attendance, Class Participation, Exam.
LAW 4008. Intellectual Property: Copyright Licensing, Principles, Law and Practice. 2 Units.
(Formerly Law 625) This course will combine in-depth study, through reading assignments and lectures, of US law governing copyright transactions (contract formalities and construction; recordation and title practice; termination of transfers) and copyright contract drafting and negotiation exercises (book publishing agreement; videogame production and distribution agreement). Elements used in grading: Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 4009. Intellectual Property: International and Comparative Patent Law. 2 Units.
(Formerly Law 796) Patentable goods and services are increasingly important in today's global information economy, and they frequently cross national borders, physically or electronically. This course will include a comparative examination of the major national patent systems, a survey of the principal international patent treaties, and discussions of related transnational patent issues. We will examine these topics both from the perspective of global patent practitioners -- who face challenges such as securing large international patent portfolios and strategizing multinational patent litigation -- and from the perspective of the academics and policymakers who are engaged in ongoing patent harmonization debates. Prerequisites: Introduction to Intellectual Property or consent of instructor. Law students enrolled in this class will have the option of participating in a one-week extension of the course (Law 4030) in Tokyo, Japan during spring break for an additional credit. Students may enroll for this course alone or for both this course and Law 4030. The overseas option is limited to 12 students. (See Law 4030 for application instructions and deadline). Elements used in grading: class participation, attendance, and short writing assignments.
LAW 4010. Intellectual Property: Patents. 3 Units.
(Formerly Law 326) In this course we cover the major aspects of patent law, primarily as applied in the United States: patentability (including patentable subject matter, novelty, nonobviousness, enablement, and definiteness); infringement; and remedies. The emphasis is on essential legal principles and a policy analysis of the patent system. The course is designed to be useful both as solid background for non-patent-specialists and for those planning a career in the field. Introduction to Intellectual Property or consent of the instructor is a prerequisite for this course. No technical background is required. Law students enrolled in this class will have the option of participating in a one-week extension of the course (Law 4030) in Tokyo, Japan during spring break for an additional credit. Students may enroll for this course alone or for both this course and Law 4030. The overseas option is limited to 12 students. (See Law 4030 for application instructions and deadline). Elements used in grading: Class participation, attendance, and final exam.
LAW 4011. Intellectual Property: The Business & Law of Technology & Patent Licensing. 3 Units.
(Formerly Law 753) If you practice in any technology-related area (whether transactions, corporate, or litigation), you will encounter licensing, as it is the principal means by which technology and patent rights are disseminated, exploited and commercialized. It is fundamental to Silicon Valley and beyond, including in software, mobile, consumer devices, autonomous cars, semiconductors and pharmaceuticals. This is a practice-oriented course covering the fundamentals of licensing technology and patents, including business considerations, drafting, negotiations and strategic considerations. We will also consider the role of licensing in mergers and acquisitions, litigation and antitrust contexts. The course is structured based on a real-world hypothetical involving entrepreneurs who spin out university-developed inventions into startup companies and then seek to commercialize the technology and patents to leading companies in a specified technology industry (such as smartphones, autonomous cars, "internet of things" or the like). We will also have a guest lecturer from a major technology company with significant licensing dimensions (which in the past have included Google, Waymo, and Qualcomm). Elements used in grading: Class Participation, Final Exam.
LAW 4012. Intellectual Property: Trademark and Unfair Competition Law. 3 Units.
(Formerly 337) Brands today constitute one of the main sources of business value, often outstripping the value of physical assets and, indeed, of a company's other intellectual property. This course will focus on the exploitation of merchandising values (such as brand names and logos), celebrity values (such as product endorsements) and competitive advantage (such as technical know-how) under federal and state trademark, unfair competition, right of publicity and trade secret laws. Elements used in grading: Final Exam.
LAW 4013. Information Privacy Law. 2 Units.
(Formerly Law 775) This course will explore the roots of privacy law, its evolution in the 20th century in the face of ever changing technology, and the challenges of individual control over or government regulation of information in the modern era where institutions and individuals need and reveal information constantly, but also seek basic dignity and safety from harm. Privacy law is comprised of torts, contracts, constitutional law, statutory law, international law, soft law norms, and affected by emerging technologies. We will discuss all of these things, as well as incorporate developments in the news, from the perspective of the various privacy stakeholders--consumers, regulators and business. Elements used in grading: Final Exam.
LAW 4014. Law, Technology, and Liberty. 2 Units.
New technologies from gene editing to networked computing have already transformed our economic and social structures and are increasingly changing what it means to be human. What role has law played in regulating and shaping these technologies? And what role can and should it play in the future? This seminar will consider these and related questions, focusing on new forms of networked production, the new landscape of security and scarcity, and the meaning of human nature and ecology in an era of rapid technological change. Readings will be drawn from a range of disciplines, including science and engineering, political economy, and law. The course will feature several guest speakers. There are no formal prerequisites in either engineering or law, but students should be committed to pursuing novel questions in an interdisciplinary context. The enrollment goal is to balance the class composition between law and non-law students. Elements used in grading: Attendance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. This course is cross-listed with Bioengineering (BIOE 242) and Engineering (ENGR 243) .
LAW 4015. Modern Surveillance Law. 2 Units.
(Formerly Law 692) This seminar provides an in depth look at modern government surveillance law, policies and practices. It is taught by Richard Salgado, director of law enforcement and information security at Google and a former prosecutor at the U.S. Department of Justice's Computer Crime and Intellectual Property Section, and Todd Hinnen, a partner at Perkins Coie and a former head of U.S. Department of Justice's National Security Division. The course will cover the technology, law and policy of government surveillance of the Internet and other communications technologies. We will focus on U.S. government surveillance for national security, criminal law enforcement and public safety purposes, but also address the relationship with other jurisdictions. Technologies and practices covered will include wiretapping, stored data collection and mining, location tracking and developing eavesdropping techniques. Legal regimes will include the Fourth Amendment, the Foreign Intelligence Surveillance Act, the USA Freedom Act, USA Patriot Act, the Electronic Communications Privacy Act, and CALEA among others. Elements used in grading: Two papers, timely submission of topics and outlines, and class participation.
LAW 4016. Patent Litigation Workshop. 3 Units.
(Formerly Law 322) This course simulates the strategy and pretrial preparation of a patent lawsuit. The course materials include information typical to a patent lawsuit: a patent, file history, prior art, and information regarding the accused product. Students will represent either the patentee or the accused infringer. Students will draft claim construction charts, infringement charts, take and defend depositions, and brief and argue claim construction and motions for summary judgment of infringement and invalidity. Some knowledge of patent law is presumed. Special Instructions: IP: Patents (Law 326) is a prerequisite for this course, but can be taken coterminously. Students must attend the first class session (or contact the instructor) or they will be dropped from the class or waitlist. Elements used in grading: Attendance, participation, writing assignments, exercises and oral arguments.
LAW 4017. Advanced Torts: Defamation, Privacy, and Emotional Distress. 3 Units.
(Formerly Law 373) This course will examine the theoretical foundations and common law development of the range of tort remedies designed to afford protection to the interests in personality. Defamation, the right of privacy, and claims of emotional distress and harassment will receive particular attention, along with the constitutional defenses to these claims, based on the First Amendment, and recent issues novel to the Internet era. Elements used in grading: Final Exam.
LAW 4018. Intellectual Property: International and Comparative Copyright. 2 Units.
(Formerly Law 745) Few copyright licenses today fail to reach across national borders, and copyright litigation increasingly calls for a general understanding of foreign copyright law. This course will focus on the counselling considerations that surround the exploitation of music, film, literature and other copyrighted works in foreign markets through licensing, litigation, or both. The course will survey the principal legal systems and international treaty arrangements for the protection of copyrighted works as well as the procedural questions that lie at the threshold of protection. Elements used in grading: class participation; two reflection papers.
LAW 4019. Legal Informatics. 2-3 Units.
(Formerly Law 729) The management of information is crucial to the proper functioning of any legal system. A good legal system relies on information about the world itself (such as evidence of who did what and when) as well as more purely legal information (such as court rulings, statutes, contracts, and so forth). Legal Informatics is the theory and practice of managing such information. It covers both legal theory and information theory. It also covers elements of general information processing technology as well as applications of that technology in the administration of law. While the concept of Legal Informatics is not new, its importance is greater than ever due to recent technological advances - including progress on mechanized legal information processing, the growth of the Internet, and the proliferation of autonomous systems (such as self-driving cars and robots), as well as globalization of the legal industry. The upshot of these advances is the emergence of practical legal technology that is qualitatively superior to what has gone before. This technology is capable of dramatically changing the legal profession, improving the quality and efficiency of legal services and disrupting the way law firms do business. The technology is also capable of popularizing the law - bringing legal understanding and legal tools to everyone in society, not just legal professionals. Through this class students gain an understanding of the unique challenges and opportunities the legal system and the legal industry are facing in light of this tech-driven transformation of our legal system, and learn about innovative new approaches seeking to address them. Particular attention will be given to Computational Law, the branch of Legal Informatics concerned with the mechanization of legal analysis. Expert guest-speakers from academia and industry will provide for a diverse and interdisciplinary experience. Successful legal technology entrepreneurs and thought leaders in the legal technology space will provide a practical angle to the discussion. Class sessions include: Legal Document Search and Legal Document Analysis, Consumer Law, Computational Law and Logical Worksheets, Dialog Systems / Expert Systems, Predictive Analytics, Legal Ethics and the Unauthorized Practice of Law. Grades will be based on class participation (25% of grade) and one of the following two options: Option 1 (section 01): Legal Technology Project (individual or group; 75% of grade). Students can identify a legal information problem and develop a legal tech project, individually or as part of a team, to address the problem by preparing a technical demonstration project/prototype and in form of a written report about the project. Students will be asked to build their own system using Neota Logic, https://www.neotalogic.com/, or Stanford's Worksheets system, http://worksheets.stanford.edu. Option 2 (section 02): Independent Research Paper (individual; 75% of grade). Students shall write an independent research paper on a legal informatics topic. You are invited to propose a topic and a working title and to discuss your topic ideas with us. The topic and the working title of the research paper must be approved by the instructors, before you start your detailed research. Independent research papers require by definition that students include other research materials besides the readings for class. Students electing option 2 will receive Research (R) credit. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the length of the research paper. If you wish to earn 2 units, the research paper shall be at least 18 pages in length (double-spaced, 12-point font size, 1-inch margins). If you wish to earn 3 units, the research paper shall be at least 26 pages in length (double-spaced, 12-point font size, 1-inch margins). You can find examples of papers written by last year's students on the CodeX website at https://law.stanford.edu/codex-the-stanford-center-for-legal-informatics/codex-publications/#slsnav-seminal-papers. Each student can choose one of the above two options, whichever he/she prefers. After the term begins, students electing option 2 can transfer from section (01) into section (02), with consent of the instructor. During the course, students will be asked to provide a brief description of their project. There are no prerequisites for this class. Elements used in grading: Class Participation, Attendance, Legal Technology Project, Research Paper. Cross-listed with Computer Science (CS 204).
LAW 4020. Lawyering for Innovation: A Case Study. 3 Units.
(Formerly Law 769) Strategic lawyering in the 21st century requires a combination of critical skillsets, including facility with technology, product design, partnerships, dispute resolution, and policy. No issue in the digital age has demonstrated this better than the history of and litigation surrounding Google Books. For over a decade, from the inception of the product to the resolution of its legal issues, lawyers were integrally involved with engineers and the business every step of the way. They helped design its features, defend it from lawsuits, craft a settlement, and advocate complementary policy positions. On a broader level, the history of ebooks is a microcosm of the opportunities and challenges of the digital age: new technologies to reproduce and distribute works, changing consumer norms, massive disruptions to economic interests, evolving concepts of fair use, increased access to information, fears about piracy, and threats to competition. Every one of these issues requires skilled lawyering in close partnership with business leadership. This seminar will focus on strategic lawyering at the cutting edge of innovation by closely studying, among other things, the history of Google Books and the evolution of copyright in the digital age. We will look at how leading businesses, including Google, Apple, Amazon and Microsoft, have each used law, litigation, and policy as tools to advance their business interests. We will focus on developments related to ebooks, and also study analogous issues involving the music, movie, and newspaper industries. The seminar will include guest speakers who have led legal strategies to further innovation. Some copyright experience is helpful but not essential. The course is open to graduate students throughout the university, especially the Graduate School of Business, the Department of Communication, and the Journalism Program. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of their position on the waitlist and degree of study. Elements used in grading: Grading will be based upon weekly reflections, class participation, and a short final paper (or, for those opting for Research credit, a longer paper based on independent research). A version of this course was taught at Stanford Law School in 2015 and Harvard Law School in 2016. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.
LAW 4021. Free Speech in the Age of the Internet. 2 Units.
Taught by top policy leaders from Google/YouTube, Facebook and Twitter, this course will explore the way free speech norms have evolved in the age of the Internet and the pivotal role online platforms play in the information available worldwide. From the content policy issues that evolved in the face of violent geopolitical disputes (from the Arab Spring to the Ukraine), to the Right to be Forgotten in Europe, the challenges posed by terrorist propaganda online, and the role platforms play in social movements like #blacklivesmatter, this course will allow students to critically engage the balance between freedom of information and other important social values, such as privacy and security. After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. Elements used in grading: Attendance, Class Participation, Written Assignments; Exam or Final Paper.
LAW 4022. Communications Law: Internet and Telephony. 3 Units.
(Formerly Law 481) The internet has enabled new forms of innovation, content production and political participation that are transforming our economy, society and democratic system. Technical, legal and economic choices will affect whether the Internet can realize its potential or not. Communications law - the law that governs both the physical infrastructures for communications services such as cable and telephone networks as well as the communication services which are provided over these infrastructures - has become one of the most important arenas in which choices affecting the future of the information society are made. The debates over network neutrality or the right ways to foster broadband deployment are examples of this trend. At the same time, the Internet's ability to support a variety of different communications services such as telephony, information services or video over the same physical network infrastructure challenges the existing communications law, which is based on the assumption that different physical infrastructures offer different communications services. What can regulators and legislators do to allow the Internet to realize its economic, social, cultural, and political potential? How can we foster the deployment of more broadband networks? And how can policymakers allow applications like Internet telephony and traditional telephony to coexist without giving one an unfair advantage over the other? The course will address how current law deals with these questions, but also explore what regulators and legislators may do to better deal with the challenges posed by the Internet. The course is mostly focused on the US, but highlights developments elsewhere where appropriate. Special Instructions: Students may take Communications Law: Internet and Telephony and Communications Law: Broadcast and Cable Television in any order (neither is a prerequisite for the other). There are no prerequisites for this course. No technical background is required. Elements used in grading: Class participation, attendance, final exam.
LAW 4024. Patent Prosecution. 2 Units.
(Formerly 321) This skill-based course examines the core requirements and strategies for drafting and prosecuting a patent application before the U.S. Patent & Trademark Office (US PTO). The class brings in real inventors and US PTO patent examiners to give students a real-world experience of developing a patent, understanding patentability and building patent portfolios, and getting a patent application prosecuted through the patent office. Students will interact with the inventors and examiners to gain the experience of getting a patent issued -- through interactions with an inventor to develop an idea and draft a patent application, responding to rejections and office actions from the US PTO after filing the patent application, through interactions with examiners to interview the office action and getting the application issued. This course is open to people with technical or non-technical backgrounds -- all you require is an interest in patent law. A solid understanding of patent claims and internal mechanics (which this class focuses on) will be helpful experience and background for students interested in pursuing any patent litigation or transactional practice. Students are evaluated on participation, in-class and take-home exercises, and projects relating to the drafting and prosecution of a patent application.
LAW 4025. Intellectual Property: Trade Secrets. 3 Units.
(Formerly Law 499) With the increasing importance of technology to industry and the ease with which information can now be downloaded and shared, trade secret protection has become one of the most important issues in intellectual property today. The law has to strike a balance between encouraging and protecting commercial investment in research, and preserving an individual's right to change employment or to compete directly against a former employer. In addition to examining the law and the theory behind it, we will emphasize the practical aspects of protecting information as a trade secret. We will discuss the challenges and issues involved in litigating trade secret cases, creating corporate programs to protect trade secrets, and drafting agreements. We will feature several guest speakers and will highlight topics of current interest, such as "inevitable disclosure," non-competition agreements, trade secrets and the Internet, and cybercrime. The class should be of interest to students who expect to practice intellectual property law as well as to students who expect to be involved in corporate transactions and labor law. Elements used in grading: Class participation and final exam.
LAW 4026. Free Expression in a Networked World. 2-3 Units.
This seminar explores cutting-edge questions at the intersection of the First Amendment, the internet, and new technologies. The internet and digital media technologies have opened up new spaces for expression -- spaces that are designed and controlled by a handful of private companies. For example, Facebook, Twitter, and Google's algorithms determine what content is presented to us; software designed by Facebook and Twitter identifies and filters content like fake news; and new kinds of "speakers" like bots tweet and share information. The engineering and design choices underlying these technologies have significant implications for our ability to express ourselves and for democracy. But our expressive rights are increasingly in tension with platform companies' statutory immunities, like CDA 230, and, potentially, their constitutional claims to speech and press rights. Lawyers operating in this space -- whether from the perspective of technology companies, policymakers, regulators, or academia -- need to understand not only traditional First Amendment doctrine, but also the statutes and technologies that shape the behavior of private actors and the spaces in which expression occurs. They need to grapple with questions of responsibility and accountability, and with the proper balance between private and public control. This course prepares students to deal with the complex dynamics underlying these issues. Every other week, a scholar at the cutting edge of these topics will present their research, which students will read in advance, and the class will engage in a discussion with the scholar. In the week before the speaker's presentation, we will meet as a group to discuss key secondary literature informing the scholar's work. Special Instructions: Enrollment will be limited to 15 students from both SLS and H&S. Experience with First Amendment doctrine is helpful, but not required. Grades will be based on class attendance, class participation, and either reflection papers in response to each speaker's paper (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation, class attendance, reflection papers or research paper.
LAW 4028. Intellectual Property: Advanced Copyright. 2 Units.
Copyright law is fundamentally a regime governing human creativity, and it plays some role in nearly all creative industries today. Consequently, copyright law has far-reaching economic and cultural implications. In this seminar, we will consider the interests of some of the different groups affected by the copyright regime, including creators, employees, technologists, audiences, owners and heirs. Course readings will cover copyright case law and scholarship; research on creative practices and relevant business models; the role of copyright law in innovation policy; and legal versus extralegal modes of protecting the fruits of creative labor. Throughout, we will assess the fairness, efficacy, and alignment of copyright protection and remedies available, to whom, when, and for what reasons. The course aims to deepen students' knowledge of copyright law and scholarship; to equip students to develop principled policy arguments about the scope of copyright protection; and to enable students to evaluate reforms and alternatives to copyright in light of how these might serve different entities in the copyright ecosystem. Elements used in grading: Attendance, Class Participation, Written Assignments.
LAW 4029. Video Game Law. 3 Units.
This seminar discusses a variety of legal issues raised by video games and game platforms. We will devote substantial attention to intellectual property matters, but will also include business and licensing issues, tort law, the First Amendment, and legal issues presented by virtual reality. Students will write and present an original research paper on a topic related to the class. This is a 3-unit seminar that satisfies the R requirement. Introduction to Intellectual Property or equivalent is a prerequisite. Enrollment is limited to 12 students, and will be by consent of the instructors. Interested students should submit a paragraph explaining their background and interest in the course. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 4030. Intellectual Property: Patents - Japan Field Study. 1 Unit.
This is the Tokyo, Japan component of Intellectual Property: International and Comparative Patent Law (Law 4009) and Intellectual Property: Patents (Law 4010). Students enrolled in either Law 4009 or Law 4010 may apply for this optional field study component, for which students will travel to Tokyo for one week during spring break 2018. Class sessions will take place primarily at Waseda Law School. Students will also meet with local lawyers, clients, and government officials, including at the Japanese Patent Office, the Intellectual Property High Court, and the Ministry of Economy, Trade and Industry. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and visa to travel to Japan. Elements used in grading: class participation and short writing assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website. See Consent Application Form for instructions and submission deadline.
LAW 5001. China Law and Business. 3 Units.
(Formerly Law 245) This introductory course provides an overview of the Chinese legal system and business environment and examines Chinese legal rules and principles in select business-related areas. These areas include intellectual property, dispute resolution, foreign investment vehicles, mergers and acquisitions, antimonopoly law, and environment. Through active class participation and analysis of legal and business cases, students will learn both the law in the books and the law in action, as well as strategies that businesses could use to overcome limitations in the Chinese legal system. Leaders from the law and business community will be invited to share their experiences and insights. This course is particularly suitable for law students and students enrolled in the MBA program and/or the East Asian Studies Program. Undergraduates who have permission from the instructor may also take this course. A Stanford Non-Law Student Course Registration Form is available on the SLS Registrar's Office website. Elements used in grading: Class participation (30%) and extended take-home exam (70%).
LAW 5002. Comparative Law. 3 Units.
(Formerly Law 311) The big question in comparative law today - and one that is of key importance to anyone interested in international law - is whether we are currently witnessing a convergence of national legal systems. This course examines this question, as well as the related problem of American exceptionalism, by exploring key aspects of contemporary Western European legal systems. We will study a range of legal institutions and practices, including such topics as legal education, the role of judges and judging, constitutional courts and judicial review, criminal procedure and punishment, and the rise and regulation of consumer culture. In contrast to the traditional comparative law course, we will also devote substantial time to such pressing public-law questions as racial equality and affirmative action, gender equality and sexual harassment, and church-state relations. In lieu of the final exam, students may opt to write four response papers to the assigned readings (each 5 to 7 double-spaced pages long). After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. Elements used in grading: Class participation; and exam or response papers.
LAW 5005. European Union Law. 2-3 Units.
(Formerly Law 451) The U.S. and the European Union (which comprises 28 European states and 500 million people) have the largest bilateral trade relationship in the world. Over 50% of the world's GDP is generated on the Transatlantic Marketplace. U.S. companies rely on the EU market for more than half of their global foreign profits, and U.S. investment in the EU is currently three times greater than U.S. investment in the whole of Asia. In recent years, this has tremendously heightened the need for a sound understanding of the legal system of the EU, especially for business and technology lawyers. Responding to this need, this course will, first, examine the internationally unique legal system of the EU as such, as it is applicable to any field of substantive and procedural EU law. Thus, we will look at the legal nature and the different sources of EU law and its relationship with the national law of the EU Member States, including European human rights and fundamental rights protection standards. We will cover the relevant EU law enforcement actions including state liability issues for breach of EU law as well as the jurisdiction of both European Courts and relevant remedies in national courts. Secondly, we will explore the legal framework governing business activities in the EU, from the perspective of a business entity as an internationally operating actor in a European business environment. In this context, we will focus on the most essential fields of EU business law, i.e. (a) the four fundamental economic freedoms of the European Internal Market for goods, services, capital, and persons (enterprises, workforce, immigration), including the legal and economic implications of Brexit, (b) EU competition (antitrust) law, and (c) the new digital European Internal Market and EU data protection and privacy laws. Special attention will be given to the question how companies established outside the EU can efficiently use EU business law to pursue their interests in the EU. Additional study and research opportunities for students in EU law, building on this course, can be found on the SLS EU Law Initiatives website (www.law.stanford.edu/eulaw). Special Instructions: After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Students in section (1) will complete the course with a one-day take-home exam. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation, one-day take-home exam or research paper.
LAW 5006. Going Global: Advising Clients in a Global Economy. 3 Units.
(Formerly Law 766) Lawyers are increasingly asked to advise clients with global operations: Twitter reacts to free speech limitations in Turkey, governments around the world regulate Facebook's user data, Nike weighs the legal risk from factory fires in Bangladesh, investors consider spending billions in China without legal protections common elsewhere, companies worry about the consequences of being complicit in human rights violations, governments threaten to expropriate intellectual and real property, and US litigators face court rulings abroad that may conflict with the orders of US courts. What legal problems arise when firms go global? Through a series of case studies, we put you in the driver's seat and ask you to consider the challenges of doing business around the world, subject to multiple and sometimes inconsistent national laws. We will examine how treaties, international agreements, and informal norms can constrain or supplement national laws and review the risks of doing business in nations whose laws are ineffective or unreliable. We also consider some of the costs of globalization. We'll hear from current or former general counsel from global firms such as Intel and G.E. Elements used in grading: a short paper, class participation, and written assignments.
LAW 5007. International Business Negotiation. 3 Units.
(Formerly Law 504) This course is structured around a quarter-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at Berkeley Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Berkeley will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted both in-person and via videoconferences. The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Berkeley). Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges, as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. In addition to the regular Monday class, classes will meet for the live negotiations on two Thursday evenings on-campus at 7:00 PM (10/19 and 10/26) and three Saturday mornings at 10:30 AM (10/7, 10/14 and 11/11) in the San Francisco office of DLA Piper (555 Mission Street; close to Montgomery St. BART station). Due to the Thursday and Saturday classes, this class will conclude on November 13. The course will be limited by lottery to twelve (12) law students (additional students from business or engineering may also participate). Attention Waitlist Students: Students on the waitlist for the course will be admitted if spots are available on the basis of their position on the waitlist and degree of study; all waitlist students are encouraged to attend the first class and will be notified as spaces become available. Attention Non-Law Students: You must complete and submit a Non-Law Student Course Add Request Form to the Law School Registrar's Office (Room 100). See Stanford Non-Law Student Course Registration on the SLS Registrar's Office website. Prerequisites: A course in basic negotiations (e.g., Law 7821) or comparable prior experience is recommended. A primer on basic negotiations skills will be offered at a time TBD as an alternative for students who have not had a prior negotiations class or experience. Elements used in grading: Class participation, written assignments and final paper.
LAW 5008. International Commercial Arbitration. 3 Units.
(Formerly Law 575) Course description and elements used in grading: TBA.
LAW 5009. International Conflict Resolution. 2 Units.
(Formerly Law 656) This seminar examines the challenges of managing and resolving intractable political and violent intergroup and international conflicts. Employing an interdisciplinary approach drawing on social psychology, political science, game theory, and international law, the course identifies various tactical, psychological, and structural barriers that can impede the achievement of efficient solutions to conflicts. We will explore a conceptual framework for conflict management and resolution that draws not only on theoretical insights, but also builds on historical examples and practical experience in the realm of conflict resolution. This approach examines the need for the parties to conflicts to address the following questions in order to have prospects of creating peaceful relationships: (1) how can the parties to conflict develop a vision of a mutually bearable shared future; (2) how can parties develop trust in the enemy; (3) how can each side be persuaded, as part of a negotiated settlement, to accept losses that it will find very painful; and (4) how do we overcome the perceptions of injustice that each side are likely to have towards any compromise solution? We will consider both particular conflicts, such as the Israeli-Palestinian conflict and the South African transition to majority rule, as well as cross-cutting issues, such as the role international legal rules play in facilitating or impeding conflict resolution, the intragroup dynamics that affect intergroup conflict resolution efforts, and the role of criminal accountability for atrocities following civil wars. Special Instructions: Section 01: Grades will be based on class participation, written assignments, and a final exam. Section 02: Up to five students, with consent of the instructor, will have the option to write an independent research paper for Research (R) credit in lieu of the written assignments and final exam for Section 01. After the term begins, students (max 5) accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. This class is cross-listed with International Policy Studies (IPS 250) and Psychology (PSYCH 383).
LAW 5010. International Human Rights. 3 Units.
(Formerly Law 330) This course examines the law of international human rights, analyzing various categories of rights, from civil and political human rights, to social and economic human rights, to group and collective rights. It studies the structure and processes of international and regional courts that adjudicate human rights claims and international treaty bodies that report on State human rights action. It explores debates about the normative justifications for human rights, and whether and how these debates impact upon the application and enforcement of human rights. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; exam or final long research paper.
LAW 5011. International Investment Law. 3 Units.
(Formerly Law 583) The past few decades have seen a dramatic increase in the number of bilateral investment treaties and other agreements with investment-related provisions (such as NAFTA), followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. The rise of international investment arbitration has generated a new and exciting practice area in global law firms. This course will cover four broad areas: (I) the historical and policy origins of international investment law; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; and (IV) current controversies over the legitimacy and desirability of ISDS. The course uses materials from international investment treaty texts, case law, and commentaries to enable students to evaluate and apply legal doctrine to future situations. Students may choose between a series of weekly response papers or a larger research paper, and will serve as discussion facilitators along with the instructors. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructors. Elements used in grading: Class participation, attendance and paper(s).
LAW 5012. International Criminal Justice. 3 Units.
(Formerly Law 752) The establishment of a global system of international justice reveals that the promises made during the Nuremberg era are not mere history. Over the past decade, the international community has undertaken a considerable investment in enforcing international criminal law in conflict and post-conflict situations with the establishment of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, East Timor, Cambodia, and Lebanon. As these ad hoc institutions wind down, the International Criminal Court (ICC) has become fully functional, although it is plagued by challenges to its legitimacy, erratic state cooperation, and persistent perceptions of inefficacy and inefficiency. Moreover, the global commitment to international justice remains inconsistent as calls for criminal accountability for the situations in Sri Lanka, South Sudan, and Syria-among others-go unanswered. This intensive mini-course in the new September Term will introduce students to the law, institutions, and actors that constitute the system of international criminal justice and to the political environment in which it operates. The classroom component (offered at Stanford during the first week of the course) will offer an elemental analysis of international crimes as they have evolved in international law and focus on the challenges of interpreting these norms in a criminal prosecution. Jurisprudence from the various international tribunals will be scrutinized with an emphasis on understanding the prosecution's burden, available defenses, and sources of proof. The course will culminate in a visit to The Hague in the second week of the course, during which time students will meet with principals from the tribunals, including prosecutors, judges, administrators, and members of the defense bar. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning, law-making, and institutional design. It will complement existing courses at the Law School covering comparative law, international organizations, international human rights, and public international law. Elements used in grading: The course grade will be based on a series of short papers and active in-class engagement with the assigned materials. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 5013. International Law. 4 Units.
(Formerly Law 479) This course provides a general introduction to international law and its role in today's complex and interdependent world. We will begin by considering fundamental questions about the nature of international law, such as: the sources of international law (including treaties and customary international law); the subjects of international law; the origins of international law in the sovereign equality of states; principles of state responsibility; the bases upon which states may exercise jurisdiction; and the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law. We will then examine the operation of international law in the U.S. legal system. In the second half of the course, we will look at a series of contemporary international law topics and issues, including international human rights law, the law governing coercion and the use of armed force, the law of armed conflict, international environmental law, and international criminal law. Throughout, we will consider current issues and problems arising in the international arena and the extent to which international law actually affects the behavior of states. This course provides a general grounding in public international law and a foundation for more advanced or specialized international law courses. Elements used in grading: Class participation, optional paper, and final exam.
LAW 5014. International Trade Law. 3 Units.
(Formerly Law 285) This course will survey the law and policy of the World Trade Organization and related legal arrangements such as NAFTA, as well as national laws regarding "unfair" international trade practices. Topics will include the political economy of the treaty framework, the relationship between international and domestic law, bilateralism versus multilateralism, the WTO dispute resolution system, nondiscrimination obligations in international trade, regional trade agreements, the relation between WTO obligations and domestic environmental/health/safety regulations and controversies relating to these issues, subsidies in international trade, antidumping law, trade in services, and currency manipulation. Elements used in grading: Class participation, attendance and final exam.
LAW 5016. Japanese Law, Society and Economy. 3 Units.
This course provides a critical introduction to the institutions and actors that comprise the Japanese legal system. Throughout the course, law is examined within the broader context of Japanese social, political, and economic institutions. Topics covered include the legal profession, constitutional law, dispute resolution, family law, employment law, contracts, and corporate law. Thematically, the course offers an extended exploration of the "transplantation" of foreign law and the role of law in Japan's social structure and economic development. All readings and instruction are in English. Japanese language ability and knowledge of Japan are not required. Elements used in grading: Attendance, Class Participation, Written Assignments and Final Exam.
LAW 5017. Law in Latin America. 2 Units.
(Formerly Law 582) The course has two main goals: to introduce students to the civil law tradition and to gain an understanding of the ways in which the law is practiced and lived in Latin American and Spain. Special attention is given to law firms, courts and legal education. The course will be especially useful for those expecting to have contact with Latin American countries or Spain in their practice of law and for those interested in comparative law or Latin American studies. All required readings are in English. In addition, students may review and present elective readings in Spanish and Portuguese. The ability to read in these languages is appreciated but not required. Elements used in grading: Class Participation, Written Assignments, Final Paper.
LAW 5018. Legal Institutions and Global Economic Development. 3 Units.
This course will cover readings on the relationship between legal institutions and economic development across different countries. Some topics are set by the instructor, while others arise depending on the interests of students as they develop their paper topics. Topics in the past have included the role of legal and colonial origins, rights in property and contract, natural resources, political stability, governance/corruption, and social and economic rights. Readings will emphasize both broad themes and policy in these areas, with a special emphasis on considering varieties of evidence, including case studies, comparative history, statistical studies with observational data, and field experiments. No prior background in empirical methods is necessary or required. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation; Written Assignments or Final Research Paper.
LAW 5021. Current Topics in International Economic Law. 2 Units.
This seminar will explore select topics in international economic law, including but not limited to: the formation of new free trade agreements (in particular the proposed Pacific and Atlantic partnerships); the inclusion of "next generation" issues into trade agreements; the expanding use of investment arbitration; the architecture of the Eurozone in relation to recent European Union jurisprudence and policy; and the global regulation of cross-border financial flows. An introductory course in international trade law (or equivalent preparation) is prerequisite. In addition to a final paper, students will be expected to produce weekly reading responses. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
LAW 5023. The Rule of Law - The Foundation of Functional Communities. 2 Units.
(Formerly Law 679) We will seek to determine a useful meaning of the notion of the rule of law to identify some measurement of adherence and to explore the importance of the rule of law in terms of economic, socio-political and human development. We will focus on accountable government; just laws; open processes for the enactment, administration and enforcement of laws and effective dispute resolution. Readings and discussion will include the works of ancient philosophers, political theorists and jurists from the 17th to the 20th century, modern political economists and contemporary scholars. This seminar will feature several experts in the field as guest lectures and requires three reaction papers from all participants. Elements Used in Grading: Class participation, written assignments and series of short reaction papers.
LAW 5025. Global Poverty and the Law. 3 Units.
With more than a billion people living on less than $2 a day, global poverty is one of the biggest challenges currently facing humanity. Even though those who suffer the most are located in the developing world, many of the policies, economic opportunities, and legal actions that offer the biggest potential for global poverty alleviation are made in the United States. This course will provide an introduction to the study of global poverty. What causes poverty? Why have some parts of the developing world done better at alleviating poverty than other parts? Can the world ever be free of poverty, as the World Bank's official motto suggests? And most importantly, what can aspiring lawyers do to improve the condition of the world's impoverished? These are some of the questions this course is designed to address. This course is designed especially for future lawyers and policymakers who seek a deeper understanding of the developing world. After a brief overview that will familiarize students with the major concepts and empirical debates in poverty and development studies, we will examine a variety of 'causes' of poverty, from poor governance to lack of economic opportunity to the role of society. Since this course is just as much about what can be done, we shall also consider applied approaches to poverty alleviation. These types of interventions include political/legal reforms such as anti-corruption initiatives, 'rule of law' interventions, right to information programs, privatization, and community-driven development models; economic solutions such as cash transfers and microfinance; and technological approaches such as new methods for measuring policy impact and the application of new technologies for state identification and distribution programs. In addition to more typical scholarly readings, students will review poverty alleviation policy proposals and contracts made by various stakeholders (academics, NGOs, states, international bodies, etc.). Grading is based on participation and a research paper or proposal. After the term begins, students accepted into the course can transfer from Section 01 into Section 02, which meets the R requirement, with consent of the instructor. Automatic grading penalty waived for research paper. This course is taught in conjunction with the India Field Study component (Law 5026). Students may enroll for this course alone or for both this course and Law 5026 with consent of the instructor (12 students will come to India). See Law 5026 for application instructions.
LAW 5026. Global Poverty, Corruption, and the Law: India Field Study. 1 Unit.
This is the India Field Study component of Global Poverty and the Law (Law 5025). For details, see course description for Law 5025. During spring break 2018, the course will be held in India and will consist of meeting and seminars with lawyers, scholars, and policymakers who are active in anti-corruption efforts. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and a visa to travel to India. Elements used in grading: class participation and short writing assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website. See Consent Application Form for instructions and submission deadline.
LAW 5027. Social Conflict, Social Justice, and Human Rights in 21st Century Latin America. 2 Units.
This course will consider significant sources of social conflict, efforts to achieve social justice and the relevance and impact of human rights norms and oversight mechanisms in Latin America in the 21st Century. Led by Prof. James Cavallaro, the course will involve weekly sessions, each focusing on a particular topic. Readings will provide the basis for short student reflection papers to be prepared in advance of each session. The class will generally involve an initial presentation, followed by seminar-style discussion. Topics will include the human rights crisis facing Mexico, in particular, forced disappearances, summary executions and torture. We will consider, for example, the forced disappearance of 43 students in September 2014 (Ayotzinapa) in at least one session. The current political and human rights crisis facing Venezuela will be considered, likely by an expert guest speaker. So too will the peace process in Colombia and the Special Jurisdiction for Peace. Other sessions will consider social conflict and justice issues across the region. These issues will include the resurgence of populism in the United States and Latin America and its effects on social justice and human rights, the continued relevance of the Organization of American States and its human rights bodies, migration and human rights, the rights of indigenous and traditional peoples and models of development, among others. Elements used in grading: Grades will be based on class participation, and either several short reflection papers (section 01) or a final paper (section 02). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 5028. Regional Human Rights Protections: The Inter-American System. 3 Units.
This course provides an in-depth introduction to the doctrine, practice and critiques of the Inter-American Human Rights System ("IASHR"). Students will examine the major instruments for human rights protections in the IASHR, the Inter-American Court and Commission's procedure and jurisprudence, as well as the obstacles and opportunities that civil society, victims, and advocates encounter when engaging the inter-American system. The Course will consider issues of implementation, and the types of measures and forms of relief that can be sought from the Court and the Commission. The inter-American system has played a crucial role in opening spaces for debate on human rights protections in Latin America and the Caribbean, increasing protections at the domestic level, and supporting civil society in its quest for accountability for massive human rights violations. The system has also played a role in civil society efforts to bring the human rights debate home, including in the United States. Students will have an opportunity to cast a comparative look at the inter-American and the European Human Rights systems and to consider the comparative advantages, disadvantages and complementary potential of regional human rights systems and universal international human rights and criminal justice bodies. Cross Registration: This Course is open to graduate students across the university, with permission of the instructor. Preference for cross-registration by non-Law School students will be given to students enrolled in the Master of Arts program in Latin American Studies. Elements used in grading (Evaluation): Class Participation, Attendance, Final Exam. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 5029. Human Trafficking: Historical, Legal, and Medical Perspectives. 3 Units.
(Formerly Law 675) This course offers an interdisciplinary approach to understanding the extent and complexity of the global phenomenon of human trafficking, including trafficking for forced prostitution, labor exploitation, and organ harvesting. In each of these areas, we will focus on human rights violations and remedies. The course aims to: 1. Provide the historical context for the development and spread of human trafficking. 2. Analyze current international and domestic legal and policy frameworks to combat trafficking and evaluate their practical implementation. 3. Examine the medical, psychological, and public health issues involved. 4. Stimulate ideas for new interventions. Instruction will combine lectures and small group discussion, and uses problem-based learning. Students interested in service learning should also enroll in History 6W/7W (FemGen 6W/7W), a two-quarter service learning workshop. Elements used in grading: Attendance; participation; written assignments; and final exam. This class is cross-listed with Feminist, Gender and Sexuality Studies (FEMGEN 5C, FEMGEN 105C), History (HISTORY 5C, 105C), Human Biology (HUMBIO 178T), International Relations (INTNLREL 105C) & School of Medicine General (SOMGEN 205).
LAW 5031. Law and Society in Late Imperial China. 3 Units.
(Formerly Law 773) Our purpose in this colloquium is to understand how law in the Qing dynasty (1644-1912) functioned as an instrument of autocratic power, a field of interaction between state and society, and a vital feature of social life. To this end, we shall survey Qing law "from the top down" (the perspective of the imperial center, its ideology, and its political imperatives), but also "from the bottom up" (the perspective of quotidian practice at the local level). We shall explore the friction between ideology and practice within the dynasty's formal legal system, but also the field of customary practice that flourished outside the formal system, sometimes in conflict with it. Readings have been selected to introduce the work of major historians (in English) and to cover a range of basic concepts and problems in this field. One important theme is how scholarly interpretation and debate have changed over time, especially as a result of the opening of Qing legal archives for research. Another theme is the question of what concepts and vocabulary are most appropriate for this field of study. What are the advantages and disadvantages of analyzing the Chinese legal tradition in comparison to the West? Is it possible to understand it "on its own terms"? Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Cross-listed with Chinese (CHINA 392B) and History (HISTORY 392B).
LAW 5033. International Justice. 2-3 Units.
(Formerly Law 786) Mass atrocities---including genocide, war crimes, and crimes against humanity---continue to rage around the world, from Syria and South Sudan to Iraq and Burma. This course examines origins, operations, and outcomes of historical and contemporary international justice measures to address such heinous crimes. We will consider the full range of judicial, legislative, and executive "transitional justice" mechanisms available to policymakers as societies emerge from periods of violence and repression. These mechanisms include war crimes tribunals (such as the International Criminal Court), truth commissions, amnesties, lustration, exile, indefinite detention, lethal force, and inaction. The course draws on various case studies, including present-day Syria and Iraq, Rwanda and the Balkans in the 1990s, and World War II. Readings address the legal, political, and philosophical underpinnings of justice; questions of institutional design; and how different societies have balanced competing policy imperatives. Students may take the course for two or three units depending on the length of the paper. Students will receive Research credit for the seminar. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
LAW 5037. Qing Legal Documents. 3 Units.
How to use Qing legal documents for research. Winter: sample documents that introduce the main genres including: the Qing code and commentaries; magistrates' handbooks and published case collections; and case records from Chinese archives. Prerequisite: advanced reading ability in Chinese. Elements used in grading: Students complete research papers. This course is cross-listed with History (HISTORY 495A) and Chinese (CHINA 495A).
LAW 5101. Afghanistan Legal Education Project (ALEP) Seminar. 3 Units.
(Formerly 259A) The Afghanistan Legal Education Project (ALEP) Seminar is only open to student preselected in spring 2017. The ALEP Seminar will begin with an intensive bootcamp taught by ALEP leadership and members of the law faculty at American University of Afghanistan (AUAF). We will explore the Afghan sociopolitical and legal context, rule of law efforts and challenges in Afghanistan, and the role of legal education in legal development. Participants will learn from Afghan law professors about Shari'a law, customary law, Afghan civil law, and the challenges presented by Afghanistan's pluralistic legal system in preparation to work on legal curriculum to be taught at AUAF. The bootcamp will be highly participatory and requires full attendance. During the remainder of the quarter, participants will receive training in curriculum creation and organizational development in preparation for authoring an Afghan legal textbook and assuming ALEP programmatic responsibilities. Elements used in grading: Grading is based on mandatory attendance of the boot camp, participation, assignments, and authoring a new chapter and/or revision of an existing textbook chapter. Consent Process: Only students selected in spring 2017 have consent to take the ALEP Seminar. Their names will be given to the Registrar, who will automatically enroll them in the course in fall 2017.
LAW 5102. Advanced Afghanistan Legal Education Seminar. 3 Units.
(Formerly Law 453A) Students who participate in the Afghanistan Legal Education Seminar in the fall quarter will continue their work in the Advanced Seminar in the winter or spring quarter. Only students selected for the Afghanistan Legal Education Project (ALEP) in spring 2017 may participate. Students will author textbook chapters, assume programmatic responsibilities, and meet regularly as a team and individually with the ALEP faculty. Elements used in grading: Attendance, Written Assignments, Final Paper.
LAW 5103. State-Building and the Rule of Law Seminar. 3 Units.
(Formerly Law 259) The State-Building and Rule of Law Seminar is centrally concerned with bridging theory and practice. The seminar introduces the key theories relevant to state-building generally and strengthening the rule of law in particular. This course explores the multidisciplinary nature of development -- through readings, lectures, guest lectures, and seminar discussions -- and asks how lawyers fit in and contribute to the process. Essentially, in a given context, what is the relationship of law to political, social, and economic change? This course will employ case studies as a way to analyze rule-of-law practice within development theory. The set of developing countries considered within the scope of this workshop is broad. It includes, among others, states engaged in post-conflict reconstruction, e.g., Cambodia, Timor Leste, Rwanda, Iraq, Sierra Leone; states still in conflict, e.g., Afghanistan, Somalia; the poorest states of the world that may not fall neatly into the categories of conflict or post-conflict, e.g., Nepal, Haiti; least developed states that are not marked by high levels of violent conflict at all, e.g., Bhutan; and more developed states at critical stages of transition, e.g., Tunisia, Georgia, Hungary. Grading is based on participation, a presentation of research or a proposal, and, in consultation with the professor, a research paper (for R credit) or an in-depth research proposal either of which could be the basis for future field research. Automatic grading penalty waived for submission of the final workproducts. CONSENT APPLICATION: The seminar is open by consent to up to sixteen (16) JD, SPILS, and LLM students, and graduate students from other departments within Stanford University. To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 5104. Advanced State-Building and Rule of Law Seminar. 3 Units.
(Formerly Law 453) Students who participate in the State-Building and Rule of Law Seminar in the fall quarter may seek consent to continue their work in the Advanced Seminar in winter or spring quarter. Six students per quarter will be allowed to participate. Students will work on individual applied or scholarly research projects developed in collaboration with the professor, and meet regularly as a group to discuss shared research challenges and issues. There may be funds available for fieldwork necessary to complete applied research projects. Determinations will be made by the professor and Rule of Law Program. Students may write a paper for Research credit with instructor consent. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Written Assignments, Final Paper.
LAW 5201. Foreign Legal Study: Bucerius Law School. 9-14 Units.
(Formerly Law 404B) This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
LAW 5204. Foreign Legal Study: Hebrew University of Jerusalem. 9-14 Units.
(Formerly Law 404H) This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
LAW 5207. Foreign Legal Study: Institut d'Etudes Politiques de Paris. 9-14 Units.
(Formerly Law 404I) This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
LAW 5210. Foreign Legal Study: National University of Singapore. 9-14 Units.
(Formerly Law 404S) This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
LAW 5213. Foreign Legal Study: Peking University Law School. 9-14 Units.
(Formerly Law 404P) This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
LAW 5216. Foreign Legal Study: Waseda University. 9-14 Units.
(Formerly 404W) This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
LAW 5801. Legal Studies Workshop. 1 Unit.
(Formerly Law 496) The Legal Studies Workshop is designed to support students working on a piece of legal scholarship with an eye to publication. The workshop will meet every other week throughout the academic year. Students may sign up for any combination of quarters, and will receive one credit for each quarter they are enrolled. Each session will be devoted to presentations of one or two student works-in-progress. Every student is expected to present his or her own work at least once while enrolled (although many students enroll for multiple quarters), and to provide constructive oral feedback on others' work. Attendance is mandatory (except of course for extenuating circumstances). There are no written requirements for the course, and no requirement that the work presented be original to the Workshop. Students may wish to use the Workshop as an opportunity to expand on seminar papers or pursue independent research projects for which they are getting separate credit through one of the research tracks (e.g., directed research, dissertation). Whether students are working on a new project or revising an old, the expectation is that students will develop their topics independent of the course. Students who would like to participate in the Workshop but feel they need help in developing a workable research topic should consult faculty members ahead of time. Elements used in grading: Class participation and attendance.
LAW 5802. Modern American Legal Thought. 3 Units.
(Formerly Law 500) The course is a survey of the theories of law and adjudication that have been most important in this country since the Civil War, concluding with an introduction to significant contemporary schools of legal thought. We will consider Formalist (Langdellian) Legal Science, Sociological Jurisprudence, American Legal Realism, the Legal Process School, Law and Moral Philosophy, Public Choice Theory, Law and Economics, Feminist Jurisprudence, Critical Race Theory, the Law and Society movement, and Empirical Legal Studies. The readings are drawn principally from primary materials -- the important contemporary manifestos and critiques of the schools of thought studied, along with writings that involve their application to concrete legal problems or reveal their influence on others. Enrollment allowing, students may be asked to help co-teach some of the sessions. Contact Prof. Fried (bfried@stanford.edu) if you would like to look at a syllabus from prior years before deciding whether to enroll. Special Instructions: If any student would like to write a research paper in lieu of the final exam, he or she should consult the instructor before the start of the course. After the term begins, students accepted into the course can transfer from section (01) (Final exam option) into section (02) (Final paper option) with consent of the instructor. Section (02) meets the R requirement. Elements used in grading: Class Participation plus Final Exam or Final Paper.
LAW 5805. Animal Law. 1 Unit.
(Formerly Law 652) All nonhuman animals have been legal things that lack the capacity for legal rights for centuries. The struggle to extend legal personhood, which is the capacity to possess legal rights, to at least some nonhuman animals has turned to the courts. Lawsuits alleging that a captive nonhuman animal is a legal person entitled to her bodily liberty pursuant to common law or civil law habeas corpus have been litigated, and continue to be litigated, in the United States, Argentina, Brazil, and Costa Rica. We will study what legal rights are, where they come from, and why humans have sometimes lacked them, as well as some of those lawsuits, the grounds they allege and the arguments they make, and arguments made against them by their critics. This class will meet on Thursday the first three weeks of Spring Quarter (April 6, April 13, and April 20). Elements used in grading: Attendance, Class Participation, Final Paper.
LAW 5806. Jurisprudence. 3 Units.
This course examines the diverse ways in which the philosophy of law bears on the practice of law. Our subject is thus a set of philosophical concepts, particularly legal positivism and natural law, but the approach is not purely conceptual. Rather, we will examine both the philosophical concepts in the abstract and how those philosophical concepts are reflected or actualized in the craft of legal argumentation, in the intellectual history of law, and in contemporary questions of politics and government. Above all, we will ask which conception of law best contributes to legal justice. The course consists in three units. Unit I is about theories of the nature of law, focusing on legal positivism and natural law. Unit II is about theories of particular departments of law, focusing on tort law and criminal law. Unit III takes a philosophical perspective on being a lawyer, focusing on questions of what principles define lawyers' role in society and what ideals give the life of a lawyer meaning. Grading is based on class participation, two in-class moot court presentations, and, based on individual student preference, either a final exam (a one-day take-home essay with a word limit) or a final research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.
LAW 6001. Legal Ethics. 3 Units.
(Formerly Law 335) A survey of the major legal and ethical issues presented in the practice of law. We will examine the concept of the lawyer endorsed by the rules of professional responsibility, the principal-agent relationship, and common law doctrines governing law practice in both civil and criminal settings. We will also assess the tensions between this concept of the lawyer and the personal, political, and economic constraints of law practice. To this end, emphasis will be given not only to the law of lawyering but to the history and sociology of the American legal profession, theories of role morality and professional identity, the sources of cognitive bias that affect perception and judgment, and techniques for navigating ethical dilemmas. Elements used in grading: Attendance, class participation, in-class exercises, short papers and final exam.
LAW 6003. The American Legal Profession. 3 Units.
(Formerly Law 685) 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 role of the lawyer as counselor; and the export of American lawyering models abroad. 8-hour self-scheduled take-home examination, with option of writing a research paper. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, final paper or final exam.
LAW 6004. Legal Ethics: The Plaintiffs' Lawyer. 3 Units.
(Formerly Law 555) This course uses a study of plaintiffs' lawyers as a vehicle to explore many of the most controversial and important issues at the intersection of tort law, civil procedure, and legal ethics. Specifically, in this course, we will study who personal injury lawyers are, how they find clients, how they fund litigation, and how they usher complex cases to conclusion. In so doing, we will address: the role and regulation of lawyers, the use and abuse of the contingency fee, the legality and normative consequences of solicitation and attorney advertising, the propriety of secret settlements and expansive protective orders, the rise and impact of "alternative litigation finance," and the vexing issues posed by class actions, aggregate actions, consolidated actions, and multidistrict litigations (MDLs). The final segment of the course will involve a series of case studies, where students will test their knowledge of the Model Rules of Professional Conduct and have the opportunity to see the course's themes echoed and expressed in recent real-world controversies. Importantly, though the course is nominally focused on "the plaintiffs' lawyer," it does not just equip students to practice on one side of the "v." Rather, through our grounded study of legal ethics, advanced civil procedure, and contemporary legal practice, students will acquire tools that will be helpful across all kinds of civil litigation. The final paper will be due shortly after the course's conclusion. Elements used in grading: Class participation, reflection papers, final paper, and group presentation.
LAW 6005. Technological, Economic and Business Forces Transforming the Private Practice of Law. 2 Units.
(Formerly Law 388) The private commercial practice of law is undergoing fundamental change. Modern technological, economic and business forces are placing extreme pressure on the traditional private attorney law firm model. These forces will transform, eliminate or replace virtually every aspect of legal services provided by attorneys. Traditional foundations of the large law firm model such as "billable" hours, summer associate programs, large staffs (e.g., paralegals and secretaries) and high associate-to-partner ratios are becoming (or have already become) relics of a bygone era. Today, the business need for clients to select a one-stop, full-service law firm for their important legal work has, in a variety of circumstances, disappeared. Sophisticated clients are utilizing a wide range of legal services firms and companies for their legal work. As a result, the diversity of legal business models and manner of providing legal services has greatly expanded. Often individual lawyers (or very small firms) can provide high-level legal services by assembling "virtual" teams in which each team member handles a different constituent part of the representation. "In-sourcing," "out-sourcing" and the transferring of large portions of work to non-lawyer legal support vendors are all becoming fixtures of the legal economy. This rapid increase in diversity on both the supply and demand side of the legal economy will greatly alter the skills and prerequisites required for the successful private practice of law. The course is composed of two parts. In part one, the technological, economic and business practices transforming the legal profession are identified and their impact on the traditional approaches to private practice law firms will be examined. In part two, the course focuses on how individual lawyers can adapt to or embrace the forces transforming law to improve their practice and succeed in the new environment. Part two of the course will additionally focus on how specific skills such as project management, social networking and information management will be crucial to a successful legal career. Part two of the course will also discuss how the changing legal environment creates new ethical and professional challenges for attorneys. Elements used in grading: Attendance, class participation and written assignments.
LAW 6006. Introduction to Legal Design. 3 Units.
(Formerly Law 761) Intro to Legal Design is a 9-week course for law students & other graduate students to reimagine how legal services are delivered, & to learn how to use human-centered design methods to create breakthrough solutions to complex problems. The students will work with project partners - including legal aid groups, courts, and private law firms -- on legal service challenges to help the partners solve real problems they & their users face. For each challenge, students will work on interdisciplinary teams, with close coaching from designers, engineers & lawyers. Students will learn design methods to create new innovations that make legal services more accessible & engaging. Elements used in grading: Class Participation, Attendance, Written Assignments.
LAW 6015. Innovations in the Delivery of Legal Services. 2 Units.
This is an era of groundbreaking change in the legal profession. Twenty years ago, email was unheard of at most law firms. Today, artificial intelligence, machine learning, and online services are creating a fundamental shift in how law is practiced. Beyond technology, massive challenges to the code of professional responsibility, from multi-disciplinary practices to law firms filing for IPOs, are reshaping the legal landscape. This course focuses on the opportunities and challenges these disruptions create for the new lawyer. Students will gain hands-on experience with some of the most innovative organizations in the legal community. Significant time will also be spent analyzing changes anticipated to impact the legal industry in the next decade. Elements used in grading: Attendance, Class Participation, Final Paper.
LAW 7001. Administrative Law. 4 Units.
(Formerly Law 238) Federal, state and local administrative agencies affect vast areas of life and law practice. Their domain includes regulation of the environment, immigration, professional licensing, and many other areas of the economy as well as the provision of government benefits. It's fair to say that today we live in an administrative state -- which some would like to deconstruct. Administrative law is about the procedures (mostly prescribed by the federal and state Administrative Procedure Acts as well as constitutional due process) that agencies must follow when they adopt regulations or adjudicate disputes. It's also about the legislative, executive, and judicial checks and balances that control the agencies. In particular, the course explores the nature and scope of judicial review of agency action. Elements used in grading: Final Exam (essay, three hours, open book).
LAW 7002. Beyond the Common Law: Tort Reform and Tort Alternatives. 2-3 Units.
(Formerly Law 563) Over the past century, tort law has been under sustained attack. Using a broad mix of case law, case studies, and scholarly analysis, this seminar will interrogate those attacks-including their historical roots, their theoretical justifications, and their practical effects. We will first study "replacement reforms"-attempts to jettison the common law in favor of alternative compensation mechanisms, including workers' compensation, auto no-fault, the September 11th Victim Compensation Fund, and the Vaccine Injury Compensation Program, housed within the U.S. Court of Claims. Second, we will study modern tort reform initiatives, often dubbed "discouragement reforms," which have chiseled away at damages and chilled personal injury victims' incentives and capacity to seek relief. Finally, we will study the United States Supreme Court's own tort reform activity, including recent jurisprudence limiting punitive damages, preferencing arbitration, and granting broad preemptive effect to agency actions. Through this analysis, students will develop a deeper and richer understanding of the tort system, its contemporary operation and excesses, and the uneasy but undeniably important place tort law-and civil litigation more generally-occupies in contemporary American society. Special Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation, class attendance, reflection papers or research paper. Early drop deadline.
LAW 7003. Cities in Distress. 2-3 Units.
(Formerly Law 735) In 2013, the City Detroit became the 28th city to declare municipal bankruptcy or to enter a receivership for fiscal crisis since late 2008, marking a window of time that saw five of the six largest municipal bankruptcies in American history. Despite the end of the Great Recession, serious fiscal challenges remain for many urban and rural local governments. This course will focus on these places and what they need from state and local government. Rather than a survey of municipal bankruptcy or restructuring law, the course will function as a seminar on state and local governance in the face of decline and poverty, especially due to the loss and automation of industrial employment. Subjects will include: (1) the basics of local finance; (2) an introduction to the primary causes of local fiscal distress; (3) tools for state and federal governance of city finances and financial distress (including municipal bankruptcy and state receiverships); and (4) the local public sector's role in anti-poverty work. The course will feature readings focused on places (both urban and rural) across the country, including in California, Oregon, the Northeast, the Great Lakes/Rust Belt region, and the Appalachian region. Students will have two options for this course. In Section 1, students will enroll for 2 units of course credit. Section 1 grades will be based on class participation and weekly reflection papers of 3-5 pages each week for most of our topics. In Section 2, a smaller number of students will enroll for 3 units of course credit. Section 2 grades will be based on an original research paper for R-Research Paper credit. Completion or co-enrollment with Local Government or Land Use Law is advisable but not required. Elements Used in Grading: Class Participation, Attendance, Written Assignments. CONSENT APPLICATION: To apply for either section of this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7005. Constitutional Politics. 2-3 Units.
This seminar will explore various ways in which constitutional law interacts with the political process. Topics covered will include the appointment and confirmation process for federal judges, judicial campaigns and elections in the states, various approaches to "popular constitutionalism," ratification of constitutional amendments, judicial activism as a political issue, public opinion and the Supreme Court, court-curbing legislation, and the role of interest groups in constitutional litigation. Readings will include cases, as well as perspectives from legal scholars, political scientists and historians. Students will be assigned to prepare and circulate discussion questions for one week of the class. Students can choose to write a final R paper or take an exam. Students writing the paper may take the class for 2 credits or write a longer paper for 3 credits. The paper will be due at the law school's paper deadline for fall quarter classes. Students taking the exam will be asked to answer one or more essay questions about the major issues covered in the class. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: The grade will be based on the paper or exam, along with class participation.
LAW 7006. Civil Liberties and the Response to Terrorism. 3 Units.
This seminar will address a series of interrelated issues that have arisen from America's response to 9/11, including: torture, detention, surveillance, profiling, and dissent. Each of these issues raises a discrete set of legal and policy questions. However, each also offers the chance to explore how the system of checks and balances can and should work during periods of national crisis, the relevance of traditional constitutional constraints on executive power in a national security context, and the enforceability of international legal norms in domestic courts. Elements used in grading: Attendance, Class Participation, Final Paper.
LAW 7007. Constitutional Law: Religion and the First Amendment. 4 Units.
(Formerly Law 602) This course covers the major doctrines and decisions interpreting the provisions of the First Amendment affecting religion, especially the free exercise and establishment clauses. The principal focus is on modern Supreme Court cases and doctrine, but the course also emphasized the historical, philosophical, and theological roots of first amendment principles. Elements used in grading: Final Exam (take-home).
LAW 7008. American Constitutional History from the Civil War to the War on Poverty. 3 Units.
(Formerly Law 738) This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with American Studies (AMSTUD 155) and History (HISTORY 155).
LAW 7010. Constitutional Law: The Fourteenth Amendment. 3 Units.
(Formerly Law 255) This course examines various aspects of the Fourteenth Amendment, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including, for example: How did gay and lesbian relationships go so quickly from being subject to criminal prohibition to being eligible for marriage? What justifies the Supreme Court's striking down a law mandating segregated schools, when it had upheld an analogous law half a century earlier? Must the law treat all individuals identically, or may and should it grant special protections to members of historically disadvantaged groups? To what sources might (and should) a judge look to give content to vague constitutional terms like "equal protection" and "due process"? How can we distinguish "law" from "politics" in this area? Readings will include judicial opinions and some scholarly commentary. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and exam. ENROLLMENT REQUEST FORM: To apply for this course, students must complete and submit the Enrollment Request Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Enrollment Request Form for instructions and submission deadline.
LAW 7011. Constitutional Litigation. 4 Units.
(Formerly Law 641) This is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are actually litigated: in lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. § 1983. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; remedies for constitutional violations, including monetary and injunctive relief; structural reform litigation; and the remedial issue nearest and dearest to many lawyers' hearts: attorney's fees awards. This course is particularly useful for students who plan to clerk in Federal courts, as much of their dockets involves §1983 litigation. This course complements Federal Courts (Law 283) and students who plan to clerk will benefit from taking both courses. Elements used in grading: Participation, Attendance, Exam.
LAW 7012. Constitutional Law: Speech and Religion. 4 Units.
(Formerly Law 612) This is a course about the freedoms of speech, press, religion, association, and assembly under the First Amendment. Two- thirds of the course will be about freedoms of speech, press, and assembly. We will examine historical context, doctrinal development, and current caselaw. We will ask why government regulates speech (to prevent harms? to protect sensibilities? to redistribute power? to advance the interests and ideas of the politically powerful?), how government regulates speech (by aiming at messages? by aiming at markets? by aiming at when and where speech takes place? by conditioning subsidies?), and what justifications are ever sufficient for limiting speech. We will include consideration of the institutional press and new technologies including the Internet, as well as the rights of private organizations to determine their membership and organization. About a third of the course will be about religion. We will ask how the twin constraints of the Free Exercise and Establishment Clauses relate, looking especially at notions of neutrality, voluntarism, separation, and accommodation. Elements used in grading: Exam.
LAW 7014. Constitutional Theory. 3 Units.
The guiding question of this course will be how we should think about the role of the U.S. Constitution in American law and American life. In considering this issue, we will address debates about constitutional interpretation (including both originalism and living constitutionalism), the nature and features of constitutional change within the American context, the role of federalism and the separation of powers in the constitutional scheme, and the nature of American constitutionalism as opposed to English and continental European models. We will tackle these debates in the context of some specific contemporary controversies about the Constitution, including: How do the civil rights movement and other social movements impact our understanding of the Constitution?; Does the Constitution reject a European-style inquisitorial process in favor of an Anglo-American vision of due process?; How important is consensus within the Supreme Court to establishing the legitimacy of constitutional meanings?, and; What is the Constitution, and how much does it include outside of the written document? Throughout we will be contemplating the extent to which our interpretation of the constitution depends on our vision of American democracy and the good society. Requirements for the course include regular class participation and either four response papers or a substantial research paper; students who take the research paper option will receive four units and "R" credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation; Response Papers or Final Paper.
LAW 7015. Contemporary Issues in Constitutional Law. 3 Units.
(Formerly 448) This is an advanced constitutional law seminar for students who have already taken the introductory Constitutional Law course. The seminar will provide an opportunity for in-depth discussion of competing theories of constitutional interpretation, the role of the Supreme Court in our political system, and analysis of judicial behavior. Each week, these themes will be examined through the lens of a current "hot topic" in constitutional law - for example, affirmative action, same-sex marriage, religious liberty, the death penalty, executive power, campaign finance, immigration, abortion, and other topics. This is not a "spectator" class; all students will be expected to participate actively in class discussion each week. This is a good seminar for students interested in clerking or pursuing academia. Prerequisite: Constitutional Law. Elements used in grading: Attendance, Participation, Written Assignments.
LAW 7016. Critical Race Theory. 3 Units.
(Formerly Law 671) This course will cover the most important writing in critical race theory as it relates to law and jurisprudence. We will review the relationship between skeptical jurisprudence as developed in legal realism and Critical Legal Studies to the struggle for racial justice and the ambivalent relationship of civil rights lawyers to mainstream legal strategies for social change. We will review the critique of rights, the use of narrative in legal scholarship and the emergence of the critique of "intersectionality" as a challenge to conventional racial politics. Special Instructions: Students have the option to write an independent research paper for Research credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and final paper.
LAW 7017. Creation of the Constitution. 4 Units.
(Formerly Law 230) The course begins with readings setting forth the intellectual and experiential background of the framing, including common law and natural rights theory, republicanism, economic & political scientific ideas, and colonial and post-Independence experience. We then study large parts of the debates at the Constitutional Convention, primarily using Madison's Notes. Major topics are the principle of representation, the extent and enumeration of national powers, the construction of the executive and judicial branches, and slavery. Next come the ratification debates, including readings from antifederalist writers, The Federalist, and speeches in ratification conventions. We conclude with the addition of the Bill of Rights. Classes consist of a combination of lecture and extensive participation by students. Elements used in grading: Class participation, In-class exam, supplemented by short take-home essay. Cross-listed with History (HISTORY 153).
LAW 7018. Disability Law. 3 Units.
(Formerly Law 644) This is a survey course of disability rights law, with an emphasis on federal and state statutes and case law. Areas of concentration include employment, government services, public accommodations, education, housing, mental health treatment and involuntary commitment, and personal autonomy. We will review such statutes as the Americans with Disabilities Act (ADA), Rehabilitation Act (Sec. 504), Individuals with Disabilities Education Act (IDEA), and the Fair Housing Act Amendments. The course examines disability from a civil and human rights perspective. Elements used in grading: Grades will be based on class participation (50%), and either several short reflection papers (50%) - Section 01 or a long independent research paper (50%) - Section 02. The student must consult with the instructor on the paper's topic, scope and format. After the term begins, students accepted into the course can transfer from Section 01 into Section 02, which meets the R requirement, with consent of the instructor.
LAW 7019. Employment Discrimination. 3 Units.
(Formerly Law 349) This course will examine legal responses to the barriers to workplace equality that are faced by minority groups. The course will survey the relevant doctrine, focusing primarily on federal employment discrimination statutes, but also addressing more expansive antidiscrimination protections under some state statutes, and local ordinances. Covered topics include sexual and racial harassment, sexual orientation discrimination, and affirmative interventions aimed at increasing the minority group and/or female representation in certain job categories or segments of the labor market. In addition to surveying the doctrine as it stands and as it has developed over time, we will also explore the doctrinal and conceptual difficulties inherent in identifying invidious discrimination and in devising appropriate remedies. Elements used in grading: Class participation and exam.
LAW 7020. Ethics On the Edge: Business, Non-Profit Organizations, Government, and Individuals. 2 Units.
(Formerly Law 724) The objective of the course is to explore the increasing ethical challenges in a world in which technology, global risks, and societal developments are accelerating faster than our understanding can keep pace. We will unravel the factors contributing to the seemingly pervasive failure of ethics today among organizations and leaders across all sectors: business, government and non-profit. A framework for ethical decision-making underpins the course. The relationship between ethics and culture, global risks (poverty, cyber-terrorism, climate change, etc.) leadership, law and policy will inform discussion. Prominent guest speakers will attend certain sessions interactively. A broad range of international case studies might include: Zika virus; civilian space travel (Elon Musk's Mars plans); Facebook's news algorithms; free speech on University campuses (and Gawker type cases); designer genetics; artificial intelligence; Brexit; ISIS' interaction with international NGOs; corporate and financial sector scandals (Epi pen pricing, Wells Fargo, Volkswagen emissions testing manipulation); and non-profit sector ethics challenges (e.g. should NGOs engage with ISIS). Final project in lieu of exam on a topic of student's choice. Attendance required. Class participation important (with multiple opportunities to earn participation credit beyond speaking in class). Strong emphasis on rigorous analysis, critical thinking and testing ideas in real-world contexts. There will be a limited numbers of openings above the set enrollment limit of 40 students. Students wishing to take the course who are unable to sign up within the enrollment limit should contact Dr. Susan Liautaud at susanl1@stanford.edu. The course offers credit toward Ethics in Society, Public Policy core requirements (if taken in combination with Public Policy 103E), and Science, Technology and Society majors and satisfies the undergraduate Ways of Thinking requirement. The course is open to undergraduate and graduate students. Undergraduates will not be at a disadvantage. Everyone will be challenged. Distinguished Career Institute Fellows are welcome and should contact Dr. Susan Liautaud directly at susanl1@stanford.edu. *Public Policy majors taking the course to complete the core requirements must obtain a letter grade. Other students may take the course for a letter grade or C/NC.NOTE: This course does not meet the SLS Ethics requirement. Elements used in grading: Class Participation, Attendance, Written Assignments, and Final Paper. Cross-listed with Ethics in Society (ETHICSOC 234R), Public Policy (PUBLPOL 134, PUBLPOL 234).
LAW 7021. Family Law. 3 Units.
(Formerly Law 293) If there were no legal institution called marriage, would we want to create one? In the context of people's intimate relationships, when and how does the law facilitate and reinforce people's preferences/choices, and when does and should it restrict them? What are (and should be) the sources of legally enforceable obligations between intimates or family members? How does and should the law take account of children, who cannot fend for themselves? This course will consider these questions and more. Elements used in grading: Exam, with minor adjustments for class participation.
LAW 7022. Federal Habeas Corpus. 2 Units.
This course covers the history of the Great Writ and the evolution of the scope of federal habeas corpus review and relief; the Suspension Clause; habeas review in capital cases including stays of execution; alternatives to habeas review; state post-conviction proceedings; the Antiterrorism and Effective Death Penalty Act (AEDPA); and jurisdictional issues in both the trial and appellate courts. The course will be valuable to students seeking federal judicial clerkships as well as those interested in prosecutorial work or post-conviction representation. Elements used in grading: Exam.
LAW 7023. Federalism. 3 Units.
(Formerly Law 742) This course is an overview of legal and policy issues connected to federalism. We will examine a set of core theoretical questions - the values federalism serves; the relationship of federalism and individual and minority rights; and the role of judges in enforcing federalism through judicial review - across a wide range of contemporary legal debates (e.g., same-sex marriage, health care, immigration, voting rights). While much of the seminar will focus on the United States, we will also consider federalism in comparative context by examining the constitutions and legal doctrines of other regimes. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Written Assignments or Research Paper.
LAW 7024. Food Law and Policy. 2-3 Units.
This seminar explores legal and policy issues related to our food system, including the regulation of food supply, food safety, nutrition / obesity, marketing / labeling, security, and animal treatment. We will examine how laws and regulations affect the production, distribution, sale, and consumption of food and whether particular regulatory approaches (e.g., product bans, product standards, government subsidies, taxes, information disclosure, or labeling) are more effective in achieving public goals. Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7025. Employment Law. 3 Units.
(Formerly Law 339) Workplace issues have become one of the fastest-growing areas of state and federal law. Employment-related lawsuits filed in federal court have tripled in volume in the past decade, and now account for a tenth of all civil cases. Many state courts have experienced a similar burgeoning of their employment law caseloads. This course examines this diverse, rewarding, and rapidly evolving area of legal practice by considering the diverse array of laws and institutions that regulate the employment relationship. The focus of the course is on laws that affect employees in non-unionized settings, such as protections against dismissal without cause, wage and hour restrictions, workplace privacy, covenants not to compete, the Family and Medical Leave Act, and mandatory arbitration of employment disputes. The course does not cover either Employment Discrimination or Labor Law, both of which are offered as separate courses. Special Instructions: Regular, punctual attendance is required. If you expect (or are unexpectedly forced) to miss more than two classes, please consult with the instructor as soon as possible, as exceptions will be considered on a case-by-case basis. Early Add/Drop Deadline: Add/Drop decisions must be made the first week of class. Exceptions are at the instructor's discretion and will be considered on a case-by-case basis. Elements used in grading: Final Exam.
LAW 7026. Immigration Law, Policy and Constitutional Rights. 3 Units.
(Formerly Law 565) This survey course will provide a foundation in immigration law, the system of admission and removal, and the constitutional principles governing the regulation and rights of noncitizens. The course will also explore selected contemporary topics concerning immigrants' rights and immigration reform drawing on the instructor's extensive litigation to advance the constitutional and civil rights of noncitizens and service as a senior immigration advisor in the Obama administration. We will examine some current issues such as immigration detention; Trump executive orders; federal enforcement authority; state and local regulation of immigrants; constitutional prohibitions on 'alienage' discrimination; habeas corpus and Article III judicial review of removal orders; and the intersection of criminal and immigration law. Guest speakers may be invited for some topics. No prior course or background in immigration law is expected. Elements used in grading: Class participation and attendance (10%), final exam (90%).
LAW 7027. Critical Race Theory. 1 Unit.
This reading group will investigate unresolved issues in Critical Race Theory. Questions explored will include: What exactly are advocates for racial justice fighting for? That is, what does racial justice look like? What is the place of "culture" in our racial present and in a racial utopia? What are the roles of agency and structure -- individuals and institutions -- in perpetuating, and remedying, racial inequality? What is the role of law in undermining and/or entrenching racial stratification? Readings will be highly varied, coming from the fields of law, psychology, sociology, and anthropology, among others. Meeting Dates: This class will meet 4:15PM - 7:15PM on Thursday, September 29, October 27 and November 17. Elements used in grading: Grading will be based on participation, short reaction/response papers, and a final paper.
Same as: Reading Group
LAW 7028. Lawyers and Leadership. 3 Units.
(Formerly Law 759) This course will examine the responsibilities and challenges for those who occupy leadership roles, with particular emphasis on those seeking to use law as a vehicle for social and organizational change. Topics will include characteristics and styles of leadership, organizational dynamics, forms of influence, decision making, conflict management, innovation, diversity, ethical responsibilities, scandal, civil and human rights, and public interest law. Materials will include cutting-edge research, case histories, problems, exercises, and media clips. Class sessions will include visitors who have occupied leadership roles. Requirements will include class participation, and either short written weekly reflection papers (2 to 3 pages and a short research paper (about 3-5 pages) or (2) a long paper (approximately 26-30 pages). After the term begins, students can transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
LAW 7029. Legislation and Administration. 3 Units.
(Formerly Law 394) This course explores the world of legislation and administration that defines much of our modern legal order. By analyzing agencies, statutes, and legislative procedures, the course prepares students to think about the structures and processes of government, and how they influence legal outcomes that would otherwise be defined largely by social norms and common law adjudication. Drawing on examples from a variety of substantive areas, the course covers the legislative process, approaches to statutory interpretation, the role of agencies and the legislature in a system of separated powers, delegation to agencies, the interaction of common law doctrines and agency practices, and techniques of agency regulation and adjudication. First-year students are welcome. Special Instructions: Students who receive credit for Legislation (Law 319) and/or Statutory Interpretation (Law 425) may not receive credit for Legislation and Administration (Law 7029) and vice versa. Elements used in grading: Attendance, participation in in-class discussion and simulation and occasional short assignments, being on "panel" for selected classes, and a self-scheduled open-book exam. CONSENT APPLICATION: To apply for this course, students must complete and submit a simple Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7030. Federal Indian Law. 3 Units.
(Formerly Law 600) This course will provide an overview of the field of federal Indian law. It will consider the origins and scope of tribal sovereignty as recognized under federal law, as well as current federal law on tribal criminal and civil jurisdiction. It will also explore the division of authority between tribal, federal, and state governments; federal statutory schemes governing Natives and Native nations; and constitutional issues affecting Natives. Additional current legal issues which may be covered based on class selection include Native land claims, gaming, family law, religious and cultural rights, and natural resources. Elements used in grading: Class Participation, Final Exam.
LAW 7031. Political Campaigning in the Internet Age. 2 Units.
This course will acquaint students with the changing environment for campaigns posed by the rise of the Internet. So much of the traditional way analysts have understood campaigns has revolved around television as the primary mode of campaign communication. The rise of the Internet, nonlinear television programming, and mobile communication enables new forms of campaigning. With particular focus on the 2016 campaign, this course will examine the relevant social science on these topics, while at the same time bringing in guest lecturers from industry, campaigns, and media. Requirements: Students will be required to complete a 25 page research paper on a topic relevant to the course. Law students enrolled in this class will have the option of participating in a one-week extension of the course (Law 7056) in Delhi, India during spring break for an additional credit. Students may enroll for this course alone or for both this course and Law 7056. The overseas option is limited to 12 students. (See Law 7056 for application instructions and deadline). Elements used in grading: Attendance, Final Paper. This course is cross-listed with Communication (COMM 153 & 253).
LAW 7032. Public Interest Law and Practice. 2 Units.
(Formerly Law 617) This course will examine the history, theoretical frameworks, strategies used by, and political position of public interest law practice and attorneys in the United States. We will consider the role of lawyers and the legal system in advancing social change; different career paths of public interest lawyers; ethical issues related to working as a public interest lawyer; the personal impacts of this type of career choice; and tactics deployed by lawyers in differing settings, from issue-based non-profits to government agencies, and private public interest law firms or legal services groups. Readings will include law review articles, legal pleadings and case studies that allow analysis and exploration of the tensions and challenges that exist within the legal system for public interest practitioners. Guest speakers will include leaders from the field. Students will also be exposed to practical skills outside of litigation that social change lawyers should understand. Students will be asked to produce several short papers throughout the quarter. Elements used in grading: Attendance, class participation, written assignments.
LAW 7033. Race, Identity, and National Security. 2 Units.
This course explores theoretical, historical, and legal policy questions at the intersection of race, group identity, and national security. Recent political events have thrust the relationship between race, religion, nationality, immigration status, and national security into the limelight, although the questions themselves are not new. How do national security threats affect the formation of racial identity within the United States, and how does race affect our understanding of national security? How should we conceptualize exclusion or discrimination based on nationality, religion, or ideology, as compared to race per se? What is the proper role of courts in addressing challenges to national security policy affecting minority communities? This seminar aspires to understand contemporary policy questions in light of a broader theoretical, historical, and legal context. Class attendance and robust participation in discussion is required, in addition to a research paper (of approximately 20 pages) related broadly to the themes of the course. Students will be expected to discuss and submit an outline of their research paper while the course is in session and to submit the final paper in accordance with standard law school requirements. Elements used in grading: Attendance, Class Participation, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7034. Race and Public Education. 3 Units.
From at least Brown v. Board of Education, and many would say before that, education has been central to racial justice movements in America. More than fifty years after Brown, most American schools remain segregated by race and class, and many advocates still argue that the struggle for quality education is the key civil rights issue of our time. This course will examine a host of education-related legal and policy issues that intersect with questions of race and class. Topics will include: desegregation and re-segregation, tracking, charter schools, school vouchers, high-stakes testing, the Common Core, school discipline, the "school to prison pipeline," and education in alternative schools, juvenile facilities, and adult prisons. This will be a discussion-oriented course that will operate more like a seminar than a lecture. This class is limited to 30 students, with an effort made to have students from SLS (20 students will be selected by lottery) and students from the School of Education (10 students). Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
LAW 7036. Law of Democracy. 3 Units.
(Formerly Law 577) This course is intended to give students a basic understanding of the themes in the legal regulation of elections and politics. We will cover all the major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and the 2000 presidential election controversy. The course pays particular attention to competing political philosophies and empirical assumptions that underlie the Court's reasoning while still focusing on the cases as litigation tools used to serve political ends. Law students enrolled in this class will have the option of participating in a one-week extension of the course (Law 7056) in Delhi, India during spring break for an additional credit. Students may enroll for this course alone or for both this course and Law 7056. The overseas option is limited to 12 students. (See Law 7056 for application instructions and deadline). Elements used in grading: Class participation and exam. Cross-listed with Communication (COMM 361) and Political Science (POLISCI 327C).
LAW 7037. Poverty Law: Policy and Practice. 3 Units.
(Formerly Law 614) This survey course will cover historical and contemporary policy debates about poverty in the U.S. Topics will include the constitutional treatment of poverty, as well as the legal and policy treatment of questions of access to specific social goods, such as housing, health care, education, and legal services. We will also discuss "hot topics" in the field, such as criminalization of poverty, international perspectives on poverty, wage theft, and recent policy analyses at the 20th anniversary of welfare reform. Materials will include practice-derived materials as well as scholarly treatment of the issues. Students with a range of backgrounds and perspectives on the issues are encouraged to enroll. While a survey class, lecturing will be minimal, with student leadership of and participation in discussion will be principal methodology. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Exam.
LAW 7038. Remedies. 3 Units.
(Formerly Law 393) The remedy is arguably the most important part of any lawsuit, and often the most neglected. This course considers the question of what plaintiffs are entitled to when they win a case and why. It will cover damages, punitive damages, restitution, unjust enrichment, and injunctive relief. While we will consider public remedies in constitutional cases, the majority of the course will focus on remedies in private law civil actions. Elements used in grading: Class participation and final exam.
LAW 7039. Reproductive Justice. 1 Unit.
(Formerly Law 490) This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. This seminar will explore RJ as it speaks to assisted reproductive technologies, health care policy, immigration, incarceration, environmental justice, and economic inequality, among other topics. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. This class meets during the first two weeks of Winter Quarter.
LAW 7040. Social Justice Impact Litigation: Issues and Strategies. 2 Units.
(Formerly Law 572) This seminar explores strategic, legal, and ethical issues related to using law reform and social justice litigation to advance the constitutional and civil rights of vulnerable communities. The seminar is designed to allow students to understand and grapple with some of the doctrinal and strategic issues faced by social justice litigators. The course will be informed by the instructor's thirty years of litigating cases, including in the Supreme Court, to advance immigrants' rights as the founder and former national director of the ACLU Immigrants' Rights Project. Among the topics that may be included are selecting and using test cases; identifying plaintiffs; coalition litigation; strategic pleading; class action problems; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; settlement strategies; use of public advocacy and media; the effect of lawsuits on policymakers and public officials; the role of government and agency lawyers; and litigation to achieve legislative change. Guest speakers will be invited. Enrollment is limited and the seminar is not open to 1L students. Students are expected to submit a series of reflections (totaling 18 pages) in response to seminar issues and guest speakers. In unusual cases, a student may be approved for Research (R) credit to write a substantial research paper on an approved topic of current significance. R credit is available only with the instructor's prior consent early in the quarter. Students approved for R credit will transfer from section (01) into section (02) after the term begins. Elements used in grading: Class participation (50%) and written submissions (50%). CONSENT APPLICATION: To apply for this course, students are asked to complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7041. Statutory Interpretation. 3 Units.
(Formerly Law 425) Statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice. It is also an area of vibrant intellectual debate, as scholars, Supreme Court justices, and others debate the methods and aims of statutory interpretation. This course will stress both the practical and theoretical dimensions of interpretation. Students will learn and apply the methods of statutory interpretation. We will also spend considerable time on contemporary controversies, such as debates about textualist, purposive and dynamic interpretation; about the use of legislative history and canons of construction; about the special interpretive problems that arise in the context of direct democracy; and about the democratic and constitutional foundations of statutory interpretation itself. Readings will draw from political science as well as law. Elements used in grading: Class participation and final exam.
LAW 7042. Law and Sexuality. 2-3 Units.
(Formerly Law 576) This seminar will focus on how the law regulates sexuality. We will approach the material as an exercise in advanced constitutional law, exploring how courts have used--or might use--federal or state constitutional provisions to address issues regarding a wide array of issues involving sexuality. The core of the class will relate to contemporary controversies concerning sexual orientation and gender identity (including, for example, how sexual orientation and gender identity are defined, regulation of sexual conduct, marriage and parenting rights of same-sex couples, and religious liberty debates, among others). But we will also discuss other issues, including polygamy/polyamory and asexuality. We will maintain an interdisciplinary focus throughout as we consider how social, cultural, and political forces shape, and are shaped by, legal doctrine. All students taking the seminar for 2 units will either write a final research paper of approximately 18 pages (for R credit) or a take a final exam. Students who wish to write a longer R paper (approx. 26 pages) may enroll in the seminar for 3 units. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation; and paper or exam.
LAW 7043. Strategic Litigation for Racial Justice. 1 Unit.
(Formerly Law 715B) Recent events in our country have dramatically highlighted the fact that we are not a post-racial society, and that structural racism and implicit bias are as harmful to people and institutions as intentional discrimination. Currently, plaintiffs can only show a violation of the Equal Protection Clause of the 14th Amendment - and several other antidiscrimination laws - by proving intentional discrimination. This seminar will examine this "intent standard" and its significant barriers to racial justice litigation. The course will review social science research, including studies on implicit bias, racial anxiety, stereotyping, and other concepts, to explore how contemporary discrimination manifests. We will address how legal advocates and the law can utilize such research to challenge and remedy discrimination through strategic litigation. We will examine real-world examples of this, including in the context of school discipline and the school-to-prison pipeline. Meeting dates: This class will meet on three Fridays, October 21, October 28 and November 4. Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Written assignments (reflection papers) and class participation.
LAW 7044. Supreme Court Simulation Seminar. 3 Units.
(Formerly Law 606) This seminar provides students with the opportunity to analyze, argue, hear oral arguments and draft opinions in cases that are currently pending before the Supreme Court of the United States. Professor Lawrence Marshall will serve as the instructor in the seminar, and several of the Law School's esteemed group of Supreme Court litigators are expected to participate in one or more of the sessions. The 18 students in the seminar will be divided into two courts. During each sitting, one of the courts will hear arguments in a case currently pending before the Supreme Court, while two of the students from the court not sitting that week will present oral arguments. The cases chosen will provide a mix of constitutional and statutory issues, as well as a mix between criminal and civil cases. Each student will be assigned the role of a particular Justice for the entire quarter. Each student's task while sitting on cases is to do his or her best to understand that particular justice, based on that justice's prior opinions and judicial philosophy. In this sense, the seminar is also intended to help promote insight into the role of judicial personality and philosophy within the decisional process. The weekly seminars will proceed as follows: In preparation for each week's session, all students (whether they are the two students arguing that week, the nine students judging that week, or the seven students observing that week) will read the lower courts' decisions, the briefs (the party briefs and selected amicus briefs) and the major precedents implicated. During the first portion of each week's session (approximately one hour), two of the students (who are members of the Court that is not sitting that week) will present oral arguments to the nine "justices" sitting that week. The arguments will be based on the briefs that were actually filed in the case. During the second segment of each week's session (approximately 45 minutes), the "justices" who are sitting that week will "conference" the case while the other non-sitting students, students who argued, instructors and guests will observe. Again, each student will be in the role of a particular justice. At the end of the "conference," the opinion-writing will be assigned to one "justice" in the majority and one "justice" in the dissent. During the final portion of each session (approximately one hour), the instructors, guests and students will engage in a broad discussion of what they just observed. This may include analysis of the briefing, discussion about the oral argument, reflections on the "conference," and, more generally, a discussion about the case and its significance. After each class, the student assigned to draft the majority opinion will have two weeks to circulate a draft to the "Court." The student writing the dissent will then have two weeks to circulate his or her opinion. The other sitting "justices" can join one of these opinions, request some changes as a condition of joining, or decide to write separately. Over the course of the Quarter, then, each student will argue one case, sit on four or five cases, and draft at least one opinion. Special instructions: 1. Because this is a simulation with assigned roles, students who are accepted into the seminar may not drop without permission of the instructor. 2. Because of the nature of the writing projects (with extensive interaction with other students), the normal deadline for Winter Quarter papers is waived and final papers must be submitted by the Spring Quarter deadline. Elements used in grading: Students will be graded based on the quality of their participation as justices, their oral argument, and their written opinions.
LAW 7045. The Article III Judge. 2 Units.
(Formerly Law 278) The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Readings will include books and articles by some of the leading legal thinkers in the nation's history. Special Instructions: This class will meet the first three weeks of the quarter only. Elements used in grading: Class attendance and participation, reading the assigned material, and a 10-15 page paper that uses the readings to analyze a significant judicial opinion. Special Instructions: This class will meet the first three weeks of the quarter only.
LAW 7046. The Welfare State. 3-5 Units.
(Formerly Law 765) Much has been written in recent years about the decline of the welfare state. Numerous adjectives have been applied to describe a trend toward austerity -- death, demise, withering, reversal. One writer suggested that the welfare state had not died, it had merely "moved to Asia" along with industrialization. This seminar introduces students to the key literature, questions, and debates about the modern welfare state. We will consider the emergence, growth, and current status of the welfare state, primarily in Western Europe and North America. The course will examine classical theories about markets and the emergence of social provision. We will also consider the leading theoretical and empirical research addressing the emergence of the welfare state, looking at the American case in comparative perspective. Attention will be paid to social and political factors on state development including political parties, labor markets, gender, demographic change, and immigration. We will then turn to the trend toward austerity and retrenchment, and the effect of globalization for the future of the welfare state. Course Requirements. Participation/Discussion (25%). Students are responsible to complete all readings and to come to class prepared to actively participate in discussion. Each student is responsible to lead a portion of the discussion twice per quarter. Short Reaction Papers (25%). All students must complete 5 reaction papers related to the weekly readings of 2 to 3 pages in length. Reaction papers will include a list of questions to be addressed in that week's discussion. All reaction papers must be posted to coursework in advance of class so that the student(s) leading that week's discussion can incorporate the questions into that week's discussion. Final Options (50%). Students have the option of completing one final paper of 20 pages in length OR 4 essays of 5 -6 pages each addressing the readings in weeks that the student did NOT complete reaction papers. Topics for 20 page papers must be approved by me in advance, and may be related to a student's dissertation or master's research or may be a stand-alone topic. Papers may take the form of a research proposal and need not contain original empirical research. Shorter papers should engage thoroughly with the literature on the selected topic, and should bring additional sources other than those read for class to bear on the topic of choice. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Cross-listed with Sociology (SOC 254 & SOC 354).
LAW 7047. Rethinking Campus and School Title IX Policies and Procedures. 2-3 Units.
I apologize in advance for the fact that there are no paragraph breaks in this description. It is not my fault. Please contact me directly if you have questions about the class and I will email you a more readable description. Thanks, MLD. Seminar with Concurrent Policy Lab: Rethinking Campus and School Title IX Policies and Procedures. Policy Lab Client: National Women's Law Center: Over the past six years, the issue of campus sexual assault has exploded into the public discourse. While definitive figures are difficult to obtain due to the necessarily private nature of these events, several recent studies estimate that between 20-25% of college women (and a similar proportion of students identifying as transgender and gender-nonconforming, as well as around 5-10% of male students) experience sexual assault. Survivors have come forward across the country with harrowing stories of assault followed by an insensitive or indifferent response from college administrators, launching one of the most successful, and surprising, social movements in recent memory. Statistics are equally disturbing in the middle and high school context. As a result, the federal government under President Obama stepped up its civil rights enforcement in this area, with over 250 colleges and universities currently under investigation for allegedly mishandling student sexual assault complaints. At the same time, students accused of sexual assault have complained of botched processes driven by a "campus rape over-correction" that denied them a fair disciplinary hearing. It is clear that schools are struggling to develop and implement policies and procedures that satisfy their legal obligations in this area. While the future of federal enforcement under the Trump Administration is uncertain, schools are still subject to federal and state law that require them have policies and procedures to address sexual harassment and violence. This course focuses on the legal and policy issues surrounding the highly challenging area of investigation and adjudication of sexual assault and other gender-motivated violence on college campuses and in K12 schools. It will cover the federal and state legal frameworks governing these procedures including Title IX, the Violence Against Women Act, and the Clery Act, and examine current cases as well as the rapidly-evolving legal, federal regulatory, and political environment surrounding this issue. Guest speakers working in the area will help to broaden the class's understanding of the subject matter. Students in this seminar will have the opportunity to participate in the invitation-only national conference entitled The Way Forward: Title IX Advocacy in the Trump Era, which will be held May 1-2 at Stanford Law School and is organized in conjunction with the National Women's Law Center. See [http://conferences.law.stanford.edu/thewayforward-title9/] for more information on the conference. Concurrent Seminar and Policy Lab: The seminar is taught concurrently with the Policy Lab (also entitled "Rethinking Campus and School Title IX Policies and Procedures"). All students registered for the seminar participate in the Policy Lab, which works with the National Women's Law Center toward the development of a set of evidence-based and legally compliant model policies and procedures. Given all the controversy, surprisingly little is actually known about the policies and processes that are currently in use, nor is there any way of easily ascertaining what the majority of an institution's "peer schools" are doing with respect to solving a challenge or addressing an issue. There is no set of "best practices" to which school administrators can easily turn. Students will analyze cutting-edge issues related to school-based gender-motivated violence and work on a white paper for the NWLC that includes both legal and empirical research into the policies and procedures currently in use around the country. Throughout the class, students will have the opportunity to reflect on what they are learning and how it applies in a professional context. The eventual goal of this Policy Lab is the development in conjunction with NWLC of a free, web-based, open-source set of adaptable model policies and procedures that are targeted for different market segments (i.e., large private, large public, small private, HBCU, community colleges, and k12). Course Schedule and Optional Travel: The first three weeks of the class there will be two meetings per week, on Tuesday and Thursday from 4:15 to 6:15. Students will meet with Fatima Goss Graves, Senior Vice President for Program at the NWLC during week 2 to hear her expectations regarding the project and ask questions. During weeks 4-6 the class will meet once per week, on Thursday from 4:15-7:15 and small groups will work on their assigned sections of the project. On Thursday, May 4 (week 5), the class will meet with special guest Catherine Lhamon, former Assistant Secretary of Education for Civil Rights and have the opportunity to discuss the project with her and receive her feedback. During Week 7, the class will take an optional trip to Washington DC to present the completed project to the staff of the NWLC on Friday May 19. The class will be housed at Stanford in Washington from Thursday May 18, and will attend a hearing of the U.S. Civil Rights Commission in the morning of May 19 and then present their project in the afternoon. Travel expenses (other than incidentals) are provided. On Saturday, May 20 we will have the option to meet with other policy makers and activists as well as sightsee (including an attempted visit to the National Museum of African American History). We will return to Stanford on Sunday May 21. There will be no class during week 8. Enrollment, Assignments, and Evaluation; The Seminar and concurrent policy lab are both open to law students, graduate students, and advanced undergraduates. The seminar has two sections. Section 1 is a 2-hour seminar and students enrolling in Section 1 must also enroll in the LAW 805R Policy Lab (1-hour). Section 2 is a 3-hour seminar, and students may enroll in that Section without concurrent enrollment in the Policy Lab. Regardless of the section of enrollment, all students will do the same assignments and be evaluated on the same criteria. All students will complete written work equivalent to a 26 page research paper. Law students will receive "R" credit for the seminar. Elements used in grading: Performance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7048. Legislation. 3 Units.
(Formerly Law 319) Lawyers work in a legal system largely defined by statutes, and constantly shaped by the application of legislative power. This course is about statutes and the legislative institutions that create them. It discusses some of the key laws governing access to legislative power and the procedures that culminate in the production of statutes in the legislature. The course is divided into two parts. The first part will focus on the acquisition of legislative power. Key topics include bribery laws, lobbying and indirect influence on legislative activity, and campaign finance regulations. The second part will focus on the exercise of legislative power. Through a number of public policy case studies, students will better understand the organization of the U.S. Congress, the ways in which power is exercised in that institution, and the intersection between politics, the law, and policymaking. Elements used in grading: Class participation, final memo, and in-class presentation. (Cross-listed with PUBLPOL 319).
LAW 7049. Advanced Torts: Law and Practice. 3 Units.
Most of civil litigation is in tort. As society changes, this dynamism is reflected in the progression and regression of tort law. Taught by an experienced practitioner, this course will explore contemporary developments in the law of medical malpractice, product liability, mass torts, harms to reputation and dignity and other civil wrongs. We will consider a range of remedies including compensatory and punitive damages as well as their constriction through tort limitations. Knowledge of these substantive rights and remedies has greatest value if the arc and texture of suit is understood. So we'll also learn about insurance, negotiation, settlement and alternatives to trial. And we'll set all this in the broader context of how an attorney can guide a plaintiff or defendant to an appropriate economic and/or noneconomic remedy. Elements used in grading: Class attendance is mandatory and class participation is encouraged and valued. There will be a final exam.
LAW 7050. Toxic Harms. 2 Units.
(Formerly Law 280) This seminar will examine the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus will be tort liability, and a central theme in the course will be whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, it is essential to compare the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies. Moreover, it seems equally important that these options be grounded in a concrete understanding of the major current problem areas. To accomplish these aims, the course will focus on a number of specific present concerns, including tobacco, asbestos, anti-inflammatory drugs, and workplace emissions exposures. In each instance, we will look at the nature of the public health problem as well as ensuing tort litigation and regulatory activity. In addition to examining these distinctive problem areas, we will look at broader, cross-cutting institutional reform proposals that have received recent attention. Students in Section (01) will write three ten-page writing exercises on topics discussed in class. After the term begins, students accepted into the course can transfer from section (01) into section (02), and have the option to write a final independent research paper for Research credit, with instructor consent. Elements used in grading: Three ten-page writing exercises or final independent research paper. Early drop deadline.
LAW 7051. Local Government Law. 3 Units.
(Formerly Law 427) Local governments exert tremendous influence over socioeconomics, race relations, environmental health, political power, and housing and real estate. This public law course will investigate the law of these governments (including cities, counties, and special districts) from four vantage points: (1) local governments within the federalist system, including the balance of power between local, state, and federal governments; (2) horizontal questions of power, including hierarchy and specialization among local governments; interlocal cooperation and competition; and the creation, expansion, and dissolution of local entities; (3) innovative uses and delegations of local authority to achieve state or local public policy goals; and (4) the nature of local democracy and local finance, including citizen influence of local lawmaking through initiatives and referenda, alternative voting schemes, and responses to fiscal distress. Discussions and in-class projects in the course will be situated in locations ranging from rural towns to major metropolises across the country. Elements used in grading: Class participation; and in-class projects or final research paper.
LAW 7054. The 45th President and the Constitution. 2-3 Units.
We will survey a number structural constitutional issues raised during the Trump Presidency, including the role of the judiciary; the scope and limits of unilateral Presidential power; the relationship between state and federal governments; Congressional power to investigate; and the role of the Special Counsel. Among the substantive areas of coverage will be protection of voting rights; partisan gerrymandering; free speech; and religious freedom. Among the specific settings we will consider are the President's first and second immigration orders; the Global Gag Rule; the effort to de-fund Planned Parenthood; the President's acrimonious relationship with the press; conflict of interest issues, including the Emoluments Clauses; the legal status of the Affordable Care Act's mandatory coverage of contraception, including religious objections; the status of gay marriage, including religious exceptions; and the regulation of the mass media and the Internet. Participants in the seminar should have completed (or be enrolled in) the basic Constitutional Law course. After the term begins, a maximum of 20 students accepted into the course can transfer from Section 01 into Section 02 (long research paper option), which meets the R requirement, with consent of the instructor. Elements used in grading: Final paper.
LAW 7055. American Legal History, 1930 - 2000: The New Deal, The Rights Revolution and Conservative Reaction. 2 Units.
This course examines major transformations in American law brought about by the momentous social and political movements of the mid- to late 20th Century. Part I deals with the response of Franklin D. Roosevelt's New Deal to the economic catastrophe of the Great Depression. The New Deal resulted in a major expansion -- against the resistance of conservative courts -- in the size and responsibilities of the Federal government to regulate the economy and secure citizens against risks of unemployment, sickness and old age. Part II covers the expansion of the New Deal after World War II to new forms of welfare and regulation (such as Medicare and environmental law) and what we now call the Rights Revolution --movements of subordinated or marginalized groups to claim equal rights (African-Americans, women, the disabled, gays and lesbians) or fair treatment by government (criminal suspects, welfare recipients, mental patients, prisoners). Part III: Both the New Deal and the Rights Revolution provoked fierce political reactions in which the modern conservative movements arose and came to power. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance; Exam or Final Research Paper. Cross-listed with History (HISTORY 51G & 151G).
LAW 7056. Law of Democracy - India: Field Study. 1 Unit.
This is the Delhi, India component of Political Campaigning in the Internet Age (Law 7031) and Law of Democracy (Law7036). For details, see course description for Law 7031 and Law 7036. Students in this optional field study component will travel to Delhi, India for one week during spring break 2017. It accompanies courses in Law of Democracy and Political Campaigning in the Internet Age. Class sessions will take place primarily at the O.P. Jindal Global University, but will include visits to the Indian Parliament, Supreme Court, and National Electoral Commission. The Course will examine topics in regulation of democracy in a comparative perspective. Those topics include voting rights, campaign finance, regulation of political parties, and election administration. On the last day of the course, students will also have the option of participating in an international conference on comparative democracy to be held at O.P Jindal Law School. The course grade will be based on student essays examining a topic of the law of democracy in comparative perspective. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7057. Policy, Politics, and the Presidency: Understanding the 2016 Campaign from Start to Finish. 2 Units.
The 2016 presidential campaign will go down in history as a unique blend of personality and politics. But what actually happened behind-the-scenes remains a mystery to most. This course will introduce students to the nuts-and-bolts of a presidential campaign. Each week, we will explore a different topic related to running for the presidency -- policy formation, campaign finance laws and regulations, communications, grassroots strategy, and digital outreach -- and feature high-profile guest speakers who have served in senior roles on both Democratic and Republican campaigns. Students, guests, and faculty will also participate in discussions on how these topics will related to the 2016 presidential contest, and how they might apply to future presidential campaigns. Elements used in grading: Attendance, Final Paper. Cross-listed with Public Policy (PUBLPOL 146, PUBLPOL 246) and Political Science (POLISCI 72).
LAW 7058. Introduction to Antidiscrimination Law. 3 Units.
(Formerly Law 734) This course will focus on the statutory legal rules (primarily federal) governing discrimination on the basis of race, national origin, sex, disability, and other protected classifications. With a rotation of instructors including and beyond Ford and Anderson, the course will include modules regarding: employment discrimination (including sexual harassment), fair housing law, voting rights, and disability law. Note: The course will be designed to minimize overlap with Ford's Employment Discrimination course, and thus students are welcome to take both. Elements used in grading: Class Participation, Attendance, Final Exam.
LAW 7059. Labor Law. 2 Units.
(Formerly Law 301) This course will cover the basic substantive and procedural aspects of the enforcement of the National Labor Relations Act (NLRA) in the U.S. economy today. After a brief introduction to the origin and history of collective bargaining laws, the course will examine how the protections and obligations of the NLRA actually operate in the modern workplace. Coverage will include legal issues in union organizing, union recognition, collective bargaining and workplace governance in a union context. The course will also emphasize the role of the NLRA in the non-union workplace, addressing such issues as the right to speak out at work (and limits thereon), and the rights of employees to engage in other concerted activity to advance their interests. Finally, the course will address the issue of arbitration of employment disputes in both the union and non-union workplace. Elements used in grading: Class Participation, Written Assignments.
LAW 7060. Law and Continental Thought: Resistance. 2 Units.
Dominant trends in continental thought will be studied with an emphasis on the complex evolution of the relationship between theories of the rule of law and the definition and assertion of liberal democratic rights, on the one hand, and the sources of systematic legal failure and justifications of resistance to law, on the other. The roots, development, and pathologies of post-structural theory will be a central preoccupation of the course, as will the tensions between post-structuralism and the premises of liberal democratic thought. Major works by a range of theorists (such as Marx, Freud, Nietzsche, Benjamin, Fanon, Lacan, Foucault, Bhabba, Butler, Said, Chakrabarty, Haraway, Crenshaw, Ranciere, and Agamben) will be situated in relation to historical and theoretical interpretations of discrete 19th and 20th century resistance movements. No prior work in philosophy or critical theory is required to enroll in the seminar. Students may elect to write an 'R' credit paper or complete a 10-12 page essay. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Grading Elements: attendance, active class participation and written assignments (essay or research paper).
LAW 7061. Children Sexuality and the Law. 2-3 Units.
This seminar focuses on federal and state law designed to protect children from sexual exploitation, as well as federal constitutional law regulating young adults' expressive rights with regard to gender and sexual identity. The seminar provides a general introduction to some of the laws governing children's sexual autonomy as well as necessary protections from sexual abuse; however, the seminar's primary purpose is to teach students about how the law discursively constructs children as it attempts to protect them. Specifically, students will explore how laws designed to protect children from sexual exploitation also naturalize certain assumptions about children's perceptions, cognitive capacities, interests and vulnerabilities. Our discussions will explore how the law, while attempting to catalogue and regulate the potential threats children face, also instantiates certain ideas about children's potential sex-related injuries and how these injures can affect them over time. Finally, seminar discussions will explore whether there are any inconsistencies between the understanding of childhood, sexual injury, capacity, and autonomy in various areas of state child protection laws, federal constitutional law, and relevant federal statutes. In addition to considering how laws regulating children's sexuality affect children, the seminar will also examine how the same laws effectively constrain adults' behavior, as well as shape our understanding of the role of certain social institutions. Laws intended to more generally protect children from sexual exploitation also regulate children's relationships to their parents, affect our understanding of the role of schools, and even our understanding of the role libraries and the internet play in educating citizens. Seminar discussions will focus on how discursive constructs and social understandings about children contained in law both constrain and enable us in discussions of child sexuality. We will also consider how these constructs and understandings empower certain institutions by legitimating certain kinds of intervention. Students can choose to write three short response papers for two units or a final research paper for three units. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the Research (R) requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation; Written Assignments or a Final Research Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7062. Originalism. 2 Units.
This two-credit seminar will explore the theory and practice of "originalism" --- the idea that the Constitution should be interpreted in light of the meaning of its text to those who had authority to enact it. This is a controversial approach (as are the others) and we will read and consider critics as well as proponents, so that students can make up their own minds. The first part of the seminar will be devoted to the theory: how it works, what are its justifications, what are its flaws, the various versions. The remainder will be devoted to specific applications. Among them: executive power, speech and press, liberty under the Fourteenth Amendment, equality under the Fourteenth Amendment, gun rights, searches and seizures, and freedom of religion. The class will have some collective choice about these topics. Two students will assist in leading class discussions. Grades will be based 20% on participation and 80% on papers. Students will have the choice of one longer research paper or three shorter reflection papers. After the term begins, students accepted into the course can transfer from Section 01 into Section 02 (long research paper), which meets the R requirement, with consent of the instructor.
LAW 7063. Youth Law and Policy. 2 Units.
(Formerly Law 795) This course examines current issues in youth law and policy with a focus on the potential and collateral effects of law on certain subpopulations of vulnerable youth. Substantively, the course focuses on case law and statutes in delinquency, dependency, education, public benefits, and health access with an attention to cross-section themes of poverty, economic justice, race, and youth voice. By the end of the course, students will have developed a better understanding of how litigation, legislation, and policy in youth law come about through examining recent developments in the field and the tools advocates have used to enact change. Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from the exam section (01) into paper section (02), with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments; Exam or Final Paper.
LAW 7065. One in Five: The Law, Politics, and Policy of Campus Sexual Assault. 3-4 Units.
TRIGGER WARNING: Over the past three years, the issue of campus sexual assault has exploded into the public discourse. While definitive figures are difficult to obtain due to the necessarily private nature of these events, several recent studies estimate that between 20-25% of college women (and a potentially higher proportion of students identifying as transgender and gender-nonconforming, as well as around 5-10% of male students) experience sexual assault. People of color, disabled individuals and other vulnerable groups are at increased risk. This is also a significant problem in k12 education. Survivors have come forward across the country with harrowing stories of assault followed by what they describe as an insensitive or indifferent response from college administrators. These survivors have launched one of the most successful, and surprising, social movements in recent memory. As a result, the federal government has stepped up its civil rights enforcement in this area, with 124 colleges and universities under investigation for allegedly mishandling student sexual assault complaints as of July 2015. At the same time, this heightened response has led to a series of high-profile lawsuits by accused students who assert that they were falsely accused or subjected to mishandled investigations that lacked sufficient due process protections. The one thing that survivors and accused students appear to agree on is that colleges are not handling these matters appropriately. Colleges have meanwhile complained of being whipsawed between survivors, accused students, interest groups, and enforcement authorities. This course focuses on the legal, policy, and political issues surrounding sexual assault on college campuses. We will learn background about sexual violence and the efforts to implement legal protections for survivors in the educational context. We will also study the basic legal frameworks governing campus assault, focusing on the relevant federal laws such as Title IX and the Clery Act. We will hear from guest speakers who are actively involved in shaping policy and advocating in this area, including lawyers, lobbyists, filmmakers, journalists, and policymakers. The subject matter of this course is sensitive and students are expected to treat the material with sensitivity. Much of the reading and subject matter may be upsetting and/or triggering for students who identify as survivors. There is no therapeutic component for this course, although supportive campus resources and Title IX staff are available for those who need them. This course was previously a Sophomore College Class that is now being offered as a regular quarter-length course. Enrollment is by INSTRUCTOR PERMISSION. Access the consent form at feminist.stanford.edu/academics/undergraduate-program/forms or email rmeisels@stanford.edu to request a form via email. Cross-listed with Feminist, Gender and Sexuality Studies (FEMGEN 143) and Sociology (SOC 188). Elements used in grading: Attendance, Class Participation, Written Assignment, Final Paper or Project.
LAW 7066. The Law of Politics. 2-3 Units.
Course descriptions and elements used in grading: TBA.
LAW 7071. Philanthropy and Civil Society. 1 Unit.
(Formerly Law 781) Associated with the Center for Philanthropy and Civil Society (PACS). Year-long workshop for doctoral students and advanced undergraduates writing senior theses on the nature of civil society or philanthropy. Focus is on pursuit of progressive research and writing contributing to the current scholarly knowledge of the nonprofit sector and philanthropy. Accomplished in a large part through peer review. Readings include recent scholarship in aforementioned fields. May be repeated for credit for a maximum of 3 units. Cross-listed with Education (EDUC 374), Political Science (POLISCI 334) and Sociology (SOC 374).
LAW 7501. Carrots, Sticks, Norms, and Nudges: Changing Minds and Behaviors. 3 Units.
In this class, we will survey the current state of the science of behavior change. By the 1990s, social scientists had already built a massive literature on this topic, and an integrative consensus theoretical framework began to emerge. But in the past decade, this literature has been revitalized by dramatic new ideas and technologies, as well as significant improvements in evaluation methodology. We will focus on four types of strategies that apply equally to influence efforts by individuals, communities, non-profits, for-profits, and government: (1) Carrots: Positive incentives (rewards, awards, praise, recognition, discounts, rebates, property rights, etc.); (2) Sticks: Negative incentives (punishments, fines, shaming, guilt or liability verdicts, costs, etc.); (3) Norms: What other people believe I should do, and what I see others actually do (tipping points, bandwagons, cascades, herding, etc.); and (4) Nudges: Traditional methods of persuasion; use of defaults to encourage certain behaviors; engineering the environment; harm reduction for risky behaviors. We will examine the "how" and "why" and "when" of these approaches, but also their normative implications for ethics, justice, and public welfare. Course requirements include class attendance and participation, and five short written assignments. For Research "R" credit, students may petition to complete one long paper based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, written assignments and/or final paper.
LAW 7502. Economic Analysis of Law. 3 Units.
(Formerly Law 528) This course will provide a broad overview of the scholarly field known as "law and economics." The focus will be on how legal rules and institutions can correct market failures. We will discuss the economic function of contracts and, when contracts fail or are not feasible, the role of legal remedies to resolve disputes. We will also discuss at some length the choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors, such as regulatory authorities. Extensive attention will be given to the economics of litigation, and to how private incentives to bring lawsuits differ from the social value of litigation. The economic motive to commit crimes, and the optimal governmental response to crime, will be studied in depth. Specific topics within the preceding broad themes include: the Coase Theorem; the tradeoff between the certainty and severity of punishment; the choice between ex ante and ex post sanctions; negligence versus strict liability; property rules; remedies for breach of contract; and the American rule versus the English rule for allocating litigation costs. There is no formal economics prerequisite to take this course, though some prior training in economics will be helpful. Elements used in grading: Final exam (open-book) plus four short take-home problems during the quarter. Cross-listed with Public Policy (PUBLPOL 302B). (For students interested in a shorter introduction to economic analysis of law, see Law 7503, "Introduction to Law and Economics," which is a one-unit course also offered during the winter quarter that is graded on a mandatory pass-fail basis.).
LAW 7503. Introduction to Law and Economics. 1 Unit.
(Formerly Law 741) This course will introduce students to the "law and economics" way of thinking about the legal system. It is designed primarily for students who have little or no prior training in economics and who are unlikely to take more advanced courses in the field (such as the 3 unit Law 7502, "Economic Analysis of Law"). This class will meet for six 1.5 hour sessions during the first part of the quarter. We will focus on the core bodies of law taught to first-year law students: tort law, contract law, property law, criminal law, and civil procedure. For each of these bodies of law, the economic approach will be described in non-technical terms and then this approach will be used to examine a key case or key issue within that body of law. First-year law students are especially welcome in this course. There are no prerequisites to take this course. Elements used in grading: Two short take-home exercises (graded on a mandatory pass-fail basis).
LAW 7504. Introduction to Organizational Behavior. 3 Units.
(Formerly Law 327) Why do firms exist? Is their sustained success in markets possible? How do leaders choose and execute on a strategy? What should the role of firms be in society? This course will meet once a week to discuss these questions and others about business enterprise. Each week we will focus on interesting and engaging case studies that illustrate key components of strategic management in firms in the U.S. and abroad. The course is designed to be highly interactive, and the principles taught during this course can help students prepare for careers in which they will need to employ strategic thinking. Due to the interactive nature of the course, attendance and in-class participation are graded components. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
LAW 7505. Law and Economics of the Death Penalty Seminar. 2-3 Units.
(Formerly Law 397) This seminar will examine the legal and policy aspects of a capital punishment regime, with a focus on three primary issues: 1) the Supreme Court's forty-year effort to define what cases can permissibly receive the death penalty and the procedures under which it must be imposed; 2) the arguments for and against the death penalty, with a major focus on whether the death penalty deters, is administered in a racially biased way, or is otherwise implemented in an arbitrary and capricious manner; and 3) what the U.S. and international status of the death penalty is today and what the prospects are for the future in the wake of Justice Breyer's invitation in June 2015 to the Court to rule on the constitutionality of capital punishment in light of the existing empirical evidence. The principle text in the class will be Steiker and Steiker, Courting Death: The Supreme Court and Capital Punishment. Although the readings on deterrence and racial discrimination will entail some substantial statistical analysis, a background in statistics, though helpful, will not be required. Special Instructions: After the term begins, students can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading seminar: attendance, class participation, short response papers, and final paper or approved research with the professor.
LAW 7506. Law and Economics Seminar I. 2-3 Units.
(Formerly Law 344) This seminar will examine current research by lawyers and economists on a variety of topics in law and economics. Several sessions of the seminar will consist of an invited speaker, usually from another university, who will discuss his or her current research. Representative of these sessions have been discussions of compensation for government regulations and takings, liability rules for controlling accidents, the definition of markets in antitrust analysis, the role of the government as a controlling shareholder, and optimal drug patent length. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a law and economics topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. (You may write a single longer paper for two quarters if you enroll in the Seminar in the Winter as well.) Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit, depending on the paper length. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. There is no formal economics prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in economics. Students may take both Law and Economics Seminar I and Law and Economics Seminar II in either order (neither is a prerequisite for the other). This seminar is cross-listed with the Economics Department (same as ECON 354). Elements used in grading: Four commentaries or one research paper. Special note: Professor Polinsky will be the principal instructor, with Professor Donohue participating mainly when there are guest speakers. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7507. Law and Economics Seminar II. 2-3 Units.
(Formerly Law 344) This seminar will examine current research by lawyers and economists on a variety of topics in law and economics. Several sessions of the seminar will consist of an invited speaker, usually from another university, who will discuss his or her current research. Representative of these sessions have been discussions of compensation for government regulations and takings, liability rules for controlling accidents, the definition of markets in antitrust analysis, the role of the government as a controlling shareholder, and optimal drug patent length. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a law and economics topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. (You may write a single longer paper for two quarters if you enroll in the Seminar in the Autumn as well.) Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit, depending on the paper length. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. There is no formal economics prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in economics. Students may take both Law and Economics Seminar I and Law and Economics Seminar II in either order (neither is a prerequisite for the other). Elements used in grading: Four commentaries or one research paper. Cross-listed with Economics (ECON 354). CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7508. Problem Solving and Decision Making for Public Policy and Social Change. 4 Units.
(Formerly Law 333) Stanford graduates will play important roles in solving many of today's and tomorrow's major societal problems -- such as improving educational and health outcomes, conserving energy, and reducing global poverty -- which call for actions by nonprofit, business, and hybrid organizations as well as governments. This course teaches skills and bodies of knowledge relevant to these roles through problems and case studies drawn from nonprofit organizations, for-profit social enterprises, and governments. Topics include designing, implementing, scaling, and evaluating social strategies; systems thinking; decision making under risk; psychological biases that adversely affect people's decisions; methods for influencing individuals' and organizations' behavior, ranging from incentives and penalties to "nudges;" human-centered design; and pay-for-success programs. The concepts and tools taught in the classroom will be applied in a field project that addresses an actual policy problem facing the University. The course may be of interest to students in Law and Policy Lab practicums who wish to broaden their policy analysis skills. Elements Used in Grading: Class participation 30% (coming to class having done the readings, timely submission of questionnaires and problems, participating actively in class discussions, being a responsible member of your team for the team project, and not using laptops or mobile devices in class). Individual paper 30% and Team project 40%. Enrollment: Limited to 32 students, with priority given to students who register on or before the last day of the autumn quarter in the following order: Law School, MPP program, Sustainability Science and Practice Program, IPS program. After that date, any remaining places will be filled on a first-come, first-served basis. Students other than law students must seek the consent of the instructor.
LAW 7510. Research Design for Empirical Legal Studies. 3-4 Units.
(Formerly Law 712) Empirical legal studies have become popular in the U.S. and are now spreading to non-U.S. law faculties as well. Usually the term applies to analyses of quantitative data and the researcher relies on data collected by others. But the term "empirical" properly encompasses both qualitative and quantitative data, including interviews, legal documents, survey research and experimental results. Analysts interested in using such data need to understand how they were collected, in order to decide what data can appropriately be used to answer different kinds of questions. Often to answer the questions of interest, a researcher needs to collect new data, which poses challenging questions about how to design an empirical research study. Answering these questions appropriately is important to ensure publication in a peer-reviewed journal, which is becoming increasingly important to legal academia. This seminar will introduce students to the wide range of research methods that can be used to answer empirical questions, provide a framework for choosing among methods, and explain how to use the methods. The project for the quarter is to design an empirical research study on a topic of your choice. Special Instructions: JD students can take the class for 3-4 units. SPILS students must take this class for 4 units. Students taking the course for 4 units must attend the additional session on Thursday, which is optional for others. After the term begins, JD students accepted into the course can transfer from section (01) into section (02), which can potentially satisfy the R requirement, with consent of the instructor. Consent Application for JD students: To apply for this course, JD students must e-mail Robert MacCoun at maccoun@law.stanford.edu and Diego Gil McCawley at dgil@stanford.edu. This course is REQUIRED for all SPILS fellows and BY CONSENT for all other students. Elements used in grading: Class participation, attendance, written assignments and final paper.
LAW 7511. Sociology of Law. 3-4 Units.
(Formerly Law 538) This course explores major issues and debates in the sociology of law. Topics include historical perspectives on the origins of law; rationality and legal sanctions; normative decision making and morality; cognitive decision making; crime and deviance, with particular attention to the problem of mass incarceration; the "law in action" versus the "law on the books;" organizational responses to law, particularly in the context of labor and employment; the roles of lawyers, judges, and juries; and law and social change with particular emphasis on the American civil rights movement. Special Instructions: Students are expected to attend a weekly TA-led discussion section in addition to lecture. Sections will be scheduled after the start of term at times when all students can attend. Paper requirements are flexible. Cross listed with the Sociology Department (SOC 136/236). See "Special Instructions" in course description above. Elements Used in Grading: Class participation, paper proposal, three short papers and a final paper (see syllabus for details).
LAW 7512. Statistical Inference in Law. 3 Units.
(Formerly Law 468) Drawing inferences from quantitative data lies at the heart of many legal and policy decisions. This course provides the tools, concepts, and framework for lawyers to become sophisticated consumers of quantitative evidence and social science. The course will focus on a number of empirical debates -- for example, does the death penalty deter murder, do concealed handgun laws influence crime -- as a springboard to teach the logic and terminology of statistical/econometric evaluation of law and policy (regression, statistical significance, identification). No background, beyond high school algebra, is assumed. Anyone who 1) will work in litigation (whether corporate, securities, antitrust, employment discrimination, environmental law) or in public policy, 2) wants to be a better citizen or 3) wants to understand the challenges of establishing causal relationships, and who doesn't already have a strong understanding of statistics will find this course useful. Elements Used in Grading: Attendance, written assignments, response papers, and a final exam. To avoid math phobias and fears about ringers from the stats department, the course is graded as a mandatory pass-fail course.
LAW 7514. Behavioral Law and Economics. 2-3 Units.
The field of "law and economics" provides important lessons for how legal institutions should be designed, but many of those lessons rely on the assumption that individuals behave in the way that maximizes their self-interest. Research from the fields of psychology and behavioral economics casts doubt on this assumption in numerous legal contexts. This seminar will explore a range of topics about human decision-making, focusing on how research in this area should inform the design of policy. Special Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: class participation, class attendance, reflection papers or research paper. Early drop deadline.
LAW 7801. Professional Development & Management Skills for Lawyers. 2 Units.
(Formerly Law 519) This course will help students to develop the professional management skills that are essential for a successful legal career. The course will focus on team dynamics and leadership; influence and managing up; effectively communicating with clients, colleagues, other parties and tribunals; and managing expectations and unexpected adversity. For the final paper, students will have the option to write a reflection paper on one of the topics covered in class, or create a personal plan outlining the substantive knowledge, professional skills, and business focus the student needs to build a fulfilling law practice. Assignments and simulations will demonstrate and model various skills and instructors will provide real-time feedback to students on class exercises. The course is not limited to any particular type of practice (size or substantive area). Elements used in grading: Class participation and attendance, course exercises and written assignments.
LAW 7802. Accounting. 3 Units.
(Formerly Law 226) The objective of financial accounting is to measure economic activity for decision-making. Financial statements are a key product of this measurement process and an important component of firms' financial reporting activities. This course is aimed at developing students' ability to read, understand, and use corporate financial statements. The primary focus is on understanding the mapping between underlying economic events and financial statements, and how this mapping can affect inferences about future firm profitability. To this end, the course will provide an introduction to: (1) accrual accounting concepts, principles and conventions; (2) the process of preparing and presenting the primary financial statements (income statement, balance sheet, and statement of cash flows); (3) the judgment involved and discretion allowed in making accounting choices; (4) the effects of accounting discretion on the quality of the (reported) financial information; and (5) the fundamentals of financial statement analysis. Class time will be allocated to a combination of short lectures and discussions of the assigned cases. The assigned cases are based on actual corporate financial statements and/or "real life" financial situations. Elements used in grading: Class participation, attendance, written assignments, final paper.
LAW 7803. Alternate Dispute Resolution: Law, Practice, and Policy. 3 Units.
(Formerly Law 545) Clients in disputes increasingly call for lawyers with skill within a broad range of alternative dispute resolution processes. In this course, you will learn about the variety of dispute resolution procedures that operate under the ADR umbrella, within and outside of the court system (including mediation and arbitration). The goal is for students to understand the law and policy behind these alternatives relative to court adjudication, to be able to select the appropriate process for a client, and to effectively represent that client in the selected process. The teaching team includes third party neutrals and advocates from a range of contexts, including federal court, private mediation, private and public arbitration, and corporate legal counsel. Elements used in grading: Class participation, discussion, three written assignments.
LAW 7804. Alternative Dispute Resolution: Practicum. 2 Units.
(Formerly Law 546) Effective client representation increasingly calls for lawyers with skill within a broad range of alternative dispute resolution processes. In this course, you will have the opportunity to observe 2-3 ADR processes being handled by Bay Area third-party neutral practitioners. Students in the class will meet periodically to review relevant law and policy, and to discuss observed cases. Grades will be based on seminar participation and 3 short papers. Co- or Prerequisites: Mediation or ADR. Elements used in grading: Class participation, attendance and written assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7805. Career Development: Alchemy, Law, and Practice. 2 Units.
(Formerly Law 772) Career development is a embedded in life development. This course offers a space and time for each student to consider both through course materials, class interactions, and a series of reflection papers. The course includes one class facilitated in collaboration with the Office of Career Services focusing on a formal assessment via one or more psychological tests offered to each student. The materials for other class meetings are thought provoking works that have proven to be salient for considering career and life direction. Images and material from alchemy that embody what many consider to be a primary set of symbols for personal transformation provide a backdrop for the course. The course benefits from the collaboration of Michael Guasperini, a mythologist and lawyer whose primary vocation is working intimately with lawyers and firms during periods of personal and institutional transition. Mr. Guasperini has deep experience with the personal lives of hundreds of lawyers at various ages and levels of professional development, providing a valuable and practical perspective for self-reflection. Elements used in grading: Written Assignments (reflection papers).
LAW 7806. Dispute System Design. 3 Units.
(Formerly Law 613) Lawyers are often called upon to help design systems for managing and resolving conflicts that support or supplant existing legal structures. The crisis of September 11 led Congress to pass a law creating the September 11 Fund; a California Supreme Court challenge to its method of resolving health care disputes led Kaiser Permanente to reform its arbitration system; years of atrocities committed against the people of South Africa, Guatemala and many other countries led to the formation of truth commissions. Lawyers helped to structure these and many other conflict resolution systems. We'll use a case study model to survey different kinds of conflict prevention, management and resolution systems, and examine different factors in their design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of weekly short written assignments plus a 10-page case study; or Option 2 (section 02) weekly short written assignments plus a 26-page research paper involving independent research. Students electing option 2 (section 02) will be graded on the H/P/R/F system and will receive Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Negotiation Seminar (LAW 615) is preferred but not required. Elements used in grading: Class participation, attendance, written assignments and final paper. Attendance at the first class is mandatory.
LAW 7807. Facilitation for Attorneys. 2 Units.
(Formerly Law 509) Most lawyers and other professionals spend a significant amount of time in meetings and working in teams or groups for a variety of purposes, and many report that this can be a frustrating experience. As the practice of law becomes more complex, it includes more and more situations where groups of people need to work together planning complex legal strategies, developing firm policies, working with corporations or other multi-person clients, or participating in shareholder meetings, public commissions and councils, corporate and non-profit Board of Directors meetings. Group functionality and outcomes can be significantly improved by any group members who has the awareness and skills of a facilitator, whether or not that person is formally designated as the facilitator. The interactive class methodology will combine discussion with many exercises and roleplays, putting facilitation tools into practice every step of the way. We will examine group dynamics and learn skills used by professional facilitators to prevent common problems and elicit the best work of a group. We will explore how to prepare effectively with clear goals, collaborative problem definition, inclusive process design and a well structured agenda. We will also discuss and practice core meeting management skills such as how to balance voice and participation, build consensus, inspire creativity and promote principled evaluation and decision-making. Finally, we will identify and apply communication skills that keep group sessions productive and tools to manage difficult moments and problem behaviors. Class Schedule dates: Oct. 13th. (4:30 -- 9p.m.), Oct 14th. (9 -- 5:15) and Oct. 21st. (9 -- 5:15). Elements used in grading: Class attendance, participation and final paper.
LAW 7808. Foreign and International Legal Research. 2 Units.
(Formerly Law 461) This course will introduce students to concepts and skills used in international and foreign law research. Students will learn to construct successful research strategies for questions of foreign law, public international law, and private international law. Both primary and secondary authority will be covered in various formats. Students will understand how different legal systems and cultures influence the use and assessment of legal resources. The course will also equip students to critically evaluate current and future research tools. No pre-requisites or foreign language ability required. Advanced degree and non-law students are welcome to enroll in the course. Learning Outcomes -- *Identify primary and secondary sources of materials on international law and foreign legal systems. *Develop effective research strategies using online and print resources. *Critically evaluate research tools for international and foreign legal research. *Appreciate cultural and historical influences on the development of legal systems and their relevance to legal research. *Understand the role of language and translation tools in researching foreign and international law. Elements used in grading: Weekly assignments.
LAW 7809. Advanced Legal Research. 3 Units.
(Formerly Law 222) The course is designed to prepare law students for research in practice and clerkships. The course will review sources of legal authority and how this material is used, organized, published, indexed, and kept current. Objectives for the course are: 1) to show students how to find and evaluate legal research sources and use them effectively, with particular emphasis on cost-effective research; 2) to expand research skills in primary and secondary U.S. legal sources; and 3) to introduce students to the array of non-legal information resources useful to legal practice. Learning legal research requires a hands-on approach, so students will complete in-class exercises and homework assignments -- all of which contribute to grading. There will not be a final exam. This course is open to Stanford graduate students with permission from the instructor.
LAW 7815. Advanced Legal Writing: Business Transactions. 3 Units.
(Formerly Law 664) This course offers comprehensive preparation for practice of the transactional lawyer. Students will learn the foundational tools necessary to write clear, effective, plain language business contracts and analyze other transactional writings used to manage and document complex business transactions. The course provides interactive lectures and a wide range of realistic drafting and research exercises, completed both inside and outside of class, both individually and collaboratively. These exercises help students improve their research, analysis, drafting, and editing skills and develop sensitivity to the expectations of attorneys and clients with whom they will be working. Students will learn how to research the applicability of certain provisions to certain sorts of contracts and the research and analytical tools necessary to interpret a variety of business agreements. Issues related to ethics in a transactional practice will also be addressed. The course should appeal especially to students interested in working for a law firm and practicing transactional law (be it corporate, venture, debt, intellectual property, mergers and acquisitions, entertainment, real estate, etc.). It will also appeal to those interested in business litigation, or those curious about the work of transactional lawyers. SPECIAL INSTRUCTIONS: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and Degree of Study. Early drop deadline: Students may not drop this course after first week of class. Corporations (Law 242) is a prerequisite for all but LLM (CGP) students. Due to an overlap in content, students may not take both Advanced Legal Writing: The Art of the Deal and Advanced Legal Writing: Business Transactions. Elements used in grading: Class participation, attendance, written assignments, and final paper. Please consult the syllabus for paper and assignment deadlines.
LAW 7816. Advanced Legal Writing: Litigation. 3 Units.
(Formerly Law 674) Building on the skills developed in Federal Litigation, this course will give students additional practice with legal analysis, argument structure, and writing in either the pre-trial or appellate litigation context. Students will draft an office memo and a brief. Students also will complete short writing exercises in class to practice skills such as omitting surplus words, preferring active voice, using concrete words, punctuating carefully, etc. The goals of this class are to help students organize facts and principles in a succinct and logical way, to deepen their understanding of legal reasoning and writing, and to hone their advocacy skills. The course should appeal to students interested in litigation practice and those wishing to strengthen their writing. Elements used in grading: Written work, class participation, and attendance.
LAW 7817. Advanced Legal Writing: Global Litigation. 3 Units.
This course offers an introduction to the practical, procedural and analytical aspects of private transnational litigation in the U.S. and Europe. Through a case simulation students will examine differences in legal systems and how to effectively navigate the challenges and opportunities presented when litigation goes global. With three instructors and limited student enrollment, the class provides an excellent opportunity for students to develop the research, writing and oral advocacy skills necessary for a successful transnational litigation practice. Elements used in grading: class participation, attendance, assignments.
LAW 7818. Advanced Legal Writing: Technology Transactions. 3 Units.
(Formerly Law 730) This course covers the foundations of drafting contracts in a modern commercial setting, primarily through weekly hands-on writing exercises that illustrate business problems commonly found in today's technology transactions law practice. Topics to be addressed will include basic contract anatomy, common clause ambiguities, structuring for readable "flow", and drafting-for-negotiation techniques. Final examination will involve crafting a full-length technology license agreement from a rough term sheet that appears to have been pecked out on some sort of mobile device. No prior business law coursework, intellectual property background, or martial arts proficiency required. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Exam.
LAW 7819. Mediation. 3 Units.
(Formerly Law 638) As law is practiced today, attorneys are far more likely to participate in multiple mediations than trial. Mediation has become the preferred approach to conflict resolution in most states and many parts of the world. With the assistance of a mediator, parties can reach agreements at any stage in a dispute, in some cases avoiding litigation altogether, in other cases agreeing just before trial or when the case is on appeal. The course goals are to understand the nature of conflict and principles of conflict management, to develop the communication skills essential to effective mediation, to evaluate various mediation models and mediator styles, to practice all of the phases of a mediation and appropriate use of caucus, to consider the policy and ethical implications of the expanding use of mediation, and to develop the skills necessary to represent clients in mediation. The class methodology is highly experiential, with more than 1/3 consisting of practice from the perspective of client, advocate and mediator. The course also includes readings and discussions, brief interactive lectures, demonstrations and videotaped sessions. Each student receives individual feedback from an experienced Bay Area mediator and develops skills that will be useful in client development, negotiation and a variety of contexts beyond mediation. You are encouraged to apply if you have taken (or are concurrently taking) the basic negotiation class or its equivalent in studies or experience. Elements used in grading: Class participation, attendance, assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7820. Moot Court. 2 Units.
(Formerly Law 402) The major moot court activity at Stanford Law School is the Marion Rice Kirkwood Memorial Competition, which takes place each year during Autumn and Winter terms. Autumn term will be dedicated to brief writing and completion of the written portion of the Competition; the oral argument portion of the Competition will be conducted during the first four to five weeks of Winter term. Students on externship and in clinics may enroll if permitted by their respective programs. In Autumn term there are only a few class meetings, including a guest lecture on ethics, which can be recorded. In addition, there are individually scheduled conferences and practice arguments. In Winter term, students must participate in scheduled oral arguments. The preliminary rounds are in the evening; the semifinal and final rounds are in the late afternoon. Prior to the Competition itself, materials and lectures are provided on research, brief writing, and oral advocacy techniques. Registration for the Kirkwood Competition is by team. Each team is required to submit an appellate brief of substantial length and quality and to complete at least two oral arguments, one on each side of an actual case. The first draft of the brief is reviewed and critiqued by the course instructors. The course instructors and the Moot Court Board Presidents score the final draft of the brief. The course also offers digital recording and critiques of practice oral arguments. Panels of judges and local attorneys serve as judges who score the oral argument portion of the Competition. Teams are selected for the quarterfinal, semifinal, and final round of the Competition based on their brief and oral advocacy scores. The final round of the Competition is held before a panel of distinguished judges and the entire Law School community is invited to attend. Special Instructions: In order to maintain academic standards, enrollment in the Kirkwood Competition is limited to 20 two-person teams. This limit will be strictly enforced. Registration forms will be distributed Spring term. If the program is oversubscribed, a lottery will be held to determine participating teams and to establish a waiting list. The final drop deadline for the course will be the Friday of the first week of classes. Enrollment in both Autumn (2 units) and Winter (1 unit) terms is required. The final grade for both Autumn and Winter terms and the Professional Skills credit will be awarded upon the completion of the course requirements. Registration and Consent Instructions: Instructions on how to register for the Moot Court competition are sent out to students each year in Spring term for the coming academic year. The registration process is separate from the regular class registration process. Elements used in grading: Satisfactory completion of appellate brief and oral arguments. Early application and drop deadlines.
LAW 7821. Negotiation. 3 Units.
(Formerly Law 615) As a lawyer, you will probably negotiate more than you do anything else. You will negotiate not just over cases, but any time that you need something that you cannot get alone. You will negotiate with your boss, your clients, your paralegal, and all of their counterparts (plus the lawyers) on the other side. You will negotiate with "the system" whether it is the court, the government, the structure of society, or the law. You will also continue to negotiate with your family, your friends, and yourself. This course is designed to: (1) develop your understanding of negotiation, and your awareness of yourself as a negotiator; (2) give you some tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, reflection, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory, you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system. The Negotiation Seminar is an intense, interactive course. We will require weekly preparation of readings, simulations, and written assignments. Basically, you will learn by reading about specific research and doing simulated negotiations -- figuring out with the rest of the class what works and what does not, writing about what you're learning, and trying again. Because participation in the simulations is central to the course, attendance at all classes is required. Since we will begin our simulation exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the instructor.) Add-drop decisions need to be resolved at the first class; no drops will be permitted thereafter. Once you commit to the class, you must complete it or receive a failing grade. Exceptions to this rule will be made by petition only. Elements used in grading: Class participation, attendance and written assignments.
LAW 7822. Negotiation on the Ground: Discussions at the Intersection of Theory and Practice. 1 Unit.
(Formerly Law 726) We can read any number of books about negotiation, but how do the concepts and principles play out in the real world? This dinner colloquium will meet with distinguished negotiators working in a variety of fields to reflect on and draw lessons from their deep and diverse experience. Guests for last year spoke on: studio and talent perspectives in entertainment negotiations; insights into negotiating strategy for impact litigation (same sex marriage and the "bathroom" laws); public policy negotiations in natural resource management; and prosecution and defense perspectives on negotiating in the criminal justice system. Pre-Requisite: Negotiation Seminar or substantial equivalent. Schedule: Wednesday, 5:30-8:00pm. There will be four presentation/dinner discussion sessions during the Spring Quarter. Elements used in grading: Class Participation and Attendance.
LAW 7823. Advanced Negotiation: International. 3 Units.
(Formerly Law 661) Understanding the fundamentals of negotiation and conflict resolution in the international domain is now more critical than ever. This hands-on, advanced seminar is designed to teach students how to prepare for, participate in, and critically evaluate complex multiparty negotiations in the public international field. Through experience-based learning and simulations, the course will expose students to various types of international conflict resolution processes. These processes include second track negotiation and dialogue, natural resource management and extractive industries, and peace agreements, including security sector reform and DDR (disarmament, demobilization and reintegration of armed groups). Special attention will be paid to the role of mediators and facilitators in such processes, as well as lawyers and legal advocates. Prerequisites: Negotiation Seminar, its substantial academic equivalent, or substantial experience in the field. SPILS students are especially encouraged to enroll. This course is also open to cross-registration by graduate students in a variety of departments and programs including International Policy Studies. Please describe prior negotiations coursework and experience on your Consent Form. Any student deemed to be lacking the required foundational knowledge may still be admitted to the course, but required to attend an intensive bootcamp in basic negotiation theory and methods on Saturday, April 8th. Grading Criteria: The seminar requires that students do the required reading, actively participate in class and simulations, and to write a series of six short assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit the Consent Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms).
LAW 7824. Advanced Negotiation: Public Policy. 3 Units.
(Formerly Law 650) Advanced Negotiation courses are designed to take students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar, to examine many facets of negotiation complexity, both in terms of the participants and topics. This section of Advanced Negotiation will focus on multi-party negotiations, working in teams, group decision-making, and negotiating on behalf of organizations to solve complex problems, specifically when there are divided communities. We will study negotiations and stakeholder dialogue processes involving a diverse set of public and private actors. In the context of both real and simulated case studies, we will address diverse public policy issues, including civil rights, racial justice, economic inequality and natural resources management. Civil unrest as experienced recently in police-community conflicts -- such as Ferguson and Baltimore as well as in the Occupy Movement -- increase polarization among groups of residents in ways not seen in decades. The unrest sometimes produces positive results. In many instances, participants experience the divisions as intense and pervasive, yet remain optimistic that they can be resolved. These deep divisions pose significant challenges to the integrity of our democratic society and can quickly escalate to bitter contests, leaving fissures within communities for decades, and possibly resulting in major economic damage and even loss of life. The goals of the class are twofold, for students (1) to acquire an added theoretical base beyond what was covered in the Negotiation Seminar through which to analyze, prepare for, participate in and facilitate more complex, multiparty negotiations, and (2) to expand skills through deeper examination of various actual negotiation cases and complex simulations. Special Instructions: Attendance at and participation in the simulations is required. Passing is dependent upon active participation, submission of several assigned short reflection papers, and completion of a substantial group paper and presentation analyzing a selected case (a completed or ongoing multi-party public policy dialogue) and the team's internal negotiation process. Prerequisite: Negotiation Seminar (Law 615) or its substantial equivalent. Advanced degree students (and graduate students in other departments and programs) are encouraged to enroll provided that they have previous negotiation training or equivalent practice experience. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students approved for "R" credit will be graded on the H/P/R/F system. Elements used in grading: Class participation and engagement, including simulations; attendance; preparation for and contributions to discussion; short written assignments; final project involving group and individual components.
LAW 7825. Advanced Negotiation: Transactions. 3 Units.
(Formerly Law 659) Advanced Negotiation takes students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar. Advanced Negotiation: Transactions places the student in more difficult and more nuanced simulations, working as individuals, pairs, and teams to negotiate on behalf of governments, unions and NGOs, as well as business entities. Simulations include critical-path supply agreements, vendor/collaborator contracts, cross-cultural joint ventures, airline reorganizations, big pharma arbitration resolution and multi-party private sector/government negotiations. The goals of the class include acquiring a designer's mindset for strategic preparation and tactical adjustment to changing scenarios; deeper analysis of the argumentative and persuasive elements of any negotiation; coalition formation and management, and improved tactical skills such as reading non-verbal cues, methods of questioning, response control, situational agility and, ultimately, improved confidence and competence. Special Instructions: Attendance at and participation in all simulations and debriefing sessions is required. Passing is dependent upon this active participation, a series of short papers and in-class presentation. Prerequisite: Negotiation Seminar (Law 615) or its substantial equivalent, as assessed by the instructor. This class is limited to 20 students, with an effort made to have students from SLS (16 students will be selected by lottery) and 4 non-law students by consent of instructor. Elements used in grading: Participation in negotiation and debriefs, thorough out-of-class preparation, and short papers.
LAW 7826. Oral Argument Workshop. 2 Units.
(Formerly Law 628A) Building on the skills developed in Federal Litigation, this simulation course will give students the unique opportunity to argue and judge pretrial motions from actual federal court cases. The instructor will provide the written briefs, and each week half the class will argue and half the class will judge a motion. Preparation will require reading the cases cited in the briefs and coming to class ready either to present an argument (attorneys) or interrogate counsel (judges). Students will critique each other both orally and in writing, and the instructor will provide oral critiques of all arguments. The goals of this class are: to train students to argue in court; to provide them with a chance to polish their public speaking skills and practice thinking on their feet; to prepare students to engage in challenging dialogue with both colleagues and future clients; and to improve self-confidence. Thus, while the context of the course is litigation, the objectives are much broader than the mastery of litigation technique. This course is not open to first year Law School students. Priority will be given to those students who commit to taking the class if given consent to enroll. Please indicate your commitment on the consent form. Elements used in grading: Class attendance, participation, and preparation. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7827. Advanced Legal Writing for American Practice. 3 Units.
(Formerly Law 708) This course orients advanced degree students and upper class JD students to a range of legal writing genres used by lawyers in practice in American law offices and before American courts. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis. The course presents students with realistic legal writing scenarios that they address in and out of class. Students perform legal research and analysis as they complete assignments designed to incorporate methods that American lawyers use to analyze typical legal problems while advocating on behalf of a hypothetical client in a litigation matter. Class Participation, Attendance, Written Assignments.
LAW 7828. Trial Advocacy Workshop. 5 Units.
(Formerly Law 610) This lawyering skills course gives students an orientation to and constant practice in most basic pretrial and trial advocacy skills areas. Topics include: taking and defending depositions, trial evidence, including admission of trial exhibits in evidence and use of prior witness statements to refresh and impeach a witness, jury selection and voir dire, opening statements, direct and cross-examination of witnesses, expert witnesses, and closing arguments. Students will try a full jury case through to verdict with use of jurors and usually before a real judge in the courthouse in Palo Alto at the end of the course. Students will also have a chance to watch the jurors deliberate and talk with them after their verdict. The course takes place during seven weeks of the Autumn Quarter with two classes (one lecture and one workshop) per week on most weeks from 4:15-9:00 (these usually occur on M, W, or Th), plus one Saturday workshop and the final weekend of jury trials, Saturday and Sunday November 11 and 12. Each day's ending time will vary; most sessions will end before 9:00. For a detailed schedule, contact Stephanie Basso at sbasso@law.stanford.edu. The format for each topic begins with a lecture/discussion featuring video vignettes of various techniques and a live demonstration by an expert trial lawyer. Following the discussion portion of each topic are small group sessions during which each student practices the skills involved. Constructive feedback is given after each exercise by two of our faculty of very experienced Bay Area litigators and judges. Most exercises are also videoed for further one-on-one critique by another faculty member. The central philosophy of the workshop is that skills are best acquired in an experiential manner by seeing and doing. Frequent short, well-defined exercises followed by immediate constructive feedback in a non-competitive, non-threatening atmosphere provide the core of the program. The workshop directors are Tim Hallahan, Judge Sallie Kim and Sara Peters. Tim has taught similar programs at Harvard Law School, the University of San Francisco School of Law, Boalt Hall, the California Continuing Education of the Bar, and in private and public interest law firms around the country. Sallie is a United States Magistrate Judge in San Francisco and was a partner in a civil litigation firm and also previously taught a class at SLS and served as Associate Dean for Student Affairs. Sara is a trial attorney for a personal injury law firm in San Francisco. She graduated from Stanford Law School in 2008 and coaches the Stanford Law School mock trial team. Special Instructions: If you haven't taken Evidence you must contact Tim Hallahan before the course begins for some brief pre-course reading assignments. There are no papers or tests, but attendance at every session is required. Since we will begin ourtrial advocacy exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the professor.) Add-drop decisions need to be resolved at the first class; no drops will be permitted thereafter. Exceptions to this rule will be made by petition only. Mandatory attendance. Elements used in grading: Attendance and in-class assignments. In addition, the Trial Advocacy Workshop is approved to offer Experiential Learning (EL) Credit. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
LAW 7830. Topics in American Legal Practice. 1 Unit.
(Formerly Law 733) This course is designed to introduce international students to American legal practice. To do this, the course begins in the spring quarter by working with students to look ahead to their summer experience and begin to identify ways in which the culture or norms of the practice setting might be distinctive, or otherwise differ from the legal, political, or workplace culture of their home country. Then in the fall quarter, students are asked to write a 10-page paper, situated in the relevant literature(s), that uses the summer experience to examine one such set of issues. Elements used in grading: Final Paper.
LAW 7831. Transition to Practice: Selected Topics. 1 Unit.
This course is designed to explore issues of professional identity for students transitioning into the legal profession. It will begin in the spring quarter and continue into the fall quarter, and will require the writing of a paper. Elements used in grading: Final Paper.
LAW 7833. Spanish for Lawyers. 2 Units.
(Formerly Law 629) The Spanish for Lawyers course offers students the opportunity to enhance existing Spanish communication skills in legal practice. The course will emphasize speaking and listening comprehension through in-class presentations and dialogue. Students will also be given assignments to be completed outside of class. The course will introduce Spanish legal terminology in areas such as immigration, consumer protection, criminal, employment, housing and family law. Students will learn how to apply these language skills as future legal practitioners interacting with clients who possess limited English proficiency. Native or fluent guest participants will expose students to legal terminology, concepts and dialects from various Spanish-speaking countries. The goal of the class is to enable students to, at a minimum, conduct intake interviews with a Spanish-speaking client without the assistance of an interpreter in a culturally competent fashion. Elements used in grading: Attendance, Class Participation, Written Assignments.
LAW 7836. Advanced Legal Writing: Appellate Litigation. 3 Units.
(Formerly Law 718) This course will explore the art and science of appellate writing. We'll look at real-world examples of appellate briefs, learning from the brilliant briefs and discussing ways to fix the lousy ones. We'll also study the nuts and bolts of effective appellate writing, including advanced grammar and usage, organization, typography, methods for drafting and editing, and when to break the rules. This class should be useful to students planning appellate-court clerkships or those just looking to hone their legal writing skills. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
LAW 7841. Teaching and Learning in Higher Education. 3 Units.
(Formerly Law 303) This course is co-taught by Thomas Ehrlich, former dean of the Law School and now Consulting Professor at the Graduate School of Education and Mariatte Denman, Director of Educational Programs at the Office of the Vice Provost for Teaching and Learning (VPTL). It provides students from many disciplines throughout the university opportunities to gain the knowledge and skills needed to be effective teachers. Students watch and interview master teachers at Stanford, learn a range of effective pedagogical methods, and prepare a syllabus module for a workshop or class they might teach. They have an opportunity to practice teach in a supportive environment and gain feedback on their teaching. Elements used in grading: Class Participation, Written Assignments, Final Course or Workshop Syllabus Module. CONSENT APPLICATION: To apply for this course, SLS students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. Cross-listed with The Vice Provost for Teaching and Learning (VPTL 297) and Education (EDUC 297).
LAW 8001. Corporate Governance and Practice Seminar. 2 Units.
(Formerly Law 703) The seminar on corporate governance meets in the Autumn and Winter quarters and forms the core of the LL.M. Program in Corporate Governance & Practice. The course, designed to be taken in conjunction with Corporations in the fall, takes an economic approach to the analysis of corporate law. In particular, we ask why American corporation law has its particular structure. We will seek to understand how the separation of ownership and control produces agency costs, and the ways in which corporate law seeks to remedy these through techniques like disclosure, fiduciary duties and shareholder litigation, voting, and hostile takeovers. We will read and discuss ongoing debates among scholars and practitioners about the agency cost framework, the merits and limits of current legal policies, and the role of institutional arrangements like activist shareholders. We will also consider the relevance of these disputes, and the effectiveness of corporate law and governance more generally, in the context of a variety of real-life incidents. No knowledge of economics is presupposed, so the course will also introduce basic economics and finance concepts necessary to understand these concepts. Some course sessions, largely in the Winter, will feature outside speakers who will complement the discussions with real-world examples drawn from practice. Attendance and active participation are important to the success of the seminar and an important factor in the overall grade. Students are expected to have carefully read and reviewed assigned materials in advance of each session. Students may be also asked to prepare brief presentations to help guide discussions. Students will be required to submit short reflection papers that evaluate, critique, and discuss some or all of the key topics reviewed in the previous week's session. The class will be graded H/P/R/F in Autumn Quarter and MP/R/F in Winter Quarter. Elements used in grading: Class participation, attendance and assignments. This course is required for and limited to students in the Corporate Governance and Practice LL.M. Program.
LAW 8002. Environmental Law and Policy Colloquium. 2 Units.
(Formerly Law 706) The Environmental Law & Policy Colloquium offers students the opportunity to learn about cutting-edge legal topics related to environmental law, broadly defined to include, among other areas, pollution control, natural resources management, and energy development. The colloquium meets in two quarters. During the autumn quarter, students will learn about core concepts that underlie the administration of environmental law, exploring ideas from economics, philosophy, natural science, and law. In the autumn quarter, students will begin to develop a capstone research paper on a contemporary environmental law issue. During the spring quarter, the students will write and present their research papers. Elements used in grading include attendance and participation, problem sets, small writing assignments, and a final paper. This course is required for students in the Environmental Law & Policy LL.M. Program. All other students need instructor permission to enroll.
LAW 8003. International Economic Law, Business & Policy (IELBP) Colloquium. 2 Units.
(Formerly Law 711) This course enables IELBP advanced degree students to explore selected issues, case studies and policy debates in international economic law and business, global political economy, and transnational dispute resolution in a highly interactive seminar. The colloquium provides opportunities for students to engage in dialogue with experts in the field (including Stanford Law faculty and interdisciplinary scholars from other schools, departments or programs at Stanford University), to participate in cross-border negotiation simulations, and to discuss legal processes and strategic challenges with experienced international law practitioners. Students are expected to have carefully read assigned materials in advance of each session and to be well prepared to discuss the materials with the instructor and guest speakers. The course extends over two quarters (autumn and spring), and students are required to complete both quarters in order to satisfy the program requirement. The fall quarter colloquium will analyze issues and trends in international economic law, business and policy in the context of globalization and regionalism; students will engage in a policy analysis and advocacy project in small regional groups. The spring colloquium will focus on international economic law, business and policy issues faced by transnational legal practitioners. In each term, written requirements include several short reflection papers and a longer essay for potential publication in the IELBP LLM blog. Elements used in grading: Attendance, active participation and critical thinking are essential to the success of the seminar and are important factors in the grade in addition to written work.
LAW 8004. Law, Science, and Technology Colloquium. 2 Units.
(Formerly Law 704) The Law, Science & Technology Colloquium offers students in the Law, Science & Technology LLM Program the opportunity to discuss cutting-edge legal issues at the intersection of law and technology with leading experts in the field, including Stanford faculty, visiting scholars, technology and IP lawyers, entrepreneurs, and executives from Silicon Valley technology companies. During most class meetings, an invited guest lecturer will present research, a paper, or their experiences to the class on a specific topic related to law, science, and technology. Following these presentations, all students will participate with the lecturer in a class discussion based on assigned readings, the presentation, and students' own experience in the area. Attendance and preparation are vital to the success of the Colloquium and, accordingly, will constitute an important factor in the overall grade. Also, each student will individually write weekly commentary papers that evaluate, critique, and/or discuss key issues from the assigned reading. Elements used in grading: Class participation, attendance and weekly commentary papers. Satisfies the colloquium requirement for Law, Science, and Technology LLM (LST) candidates. Open to LLM students.
LAW 8011. SPILS Law and Society Seminar. 3 Units.
(Formerly Law 701) This seminar is restricted to students who are in the SPILS program. The seminar deals with the relationship between legal systems and the societies in which they are embedded. The materials are drawn from studies of many different societies. Among the issues dealt with are: What influence does culture have on the operation of legal systems? What are the social forces which produce particular forms of law? What impact do legal interventions have on society and on human behavior? Elements used in grading: Exam.
LAW 8012. SPILS Masters Thesis. 4 Units.
(Formerly Law 705) The writing of a work of original scholarship in the area of research that each student chooses is necessary requirement of the JSM degree. During the winter quarter students are expected to submit two draft chapters: 1) any chapter of the fellow's choice in early February; and 2) a draft of the empirical research result's chapter in early March. During the spring quarter students are expected to finalize their research project, and write and submit their final thesis. Towards that end, students must complete and submit a draft of the whole thesis in early April. The final version, revised in response to the adviser's comments, must be submitted by the end of the quarter. The exact dates will be informed in advance by the teaching fellow. Elements used in grading: Thesis. This course is exclusive to SPILS students. The thesis is required for JSM graduation.
LAW 8013. SPILS Research Methods Workshop. 2 Units.
(Formerly Law 707) This is a mandatory course for SPILS Fellows as part of the program's core curriculum. Its main goal is to offer students an interdisciplinary perspective about socio-legal research, and research tools for implementing their individual research projects. This Winter term workshop will complement the Research Design for Empirical Legal Studies Seminar taken in the Autumn by 1) expanding and elaborating on some of the methods analyzed during the seminar; and 2) assisting students in using such methods towards their individual research project. The workshop will consist of specialized sessions, most of them tailored towards the work of empirical research that occurs after the data collection phase. During the quarter the fellows are expected to submit drafts of different chapters of their thesis. If appropriate, the workshop may also include group and/or individual sessions designed to address the very specific needs of the research undertaken by the SPILS Fellows. Elements used in grading: Class participation, attendance and written assignments. Enrollment is restricted to SPILS fellows. The seminar is required for JSM graduation.
LAW 8021. Introduction to American Law. 3 Units.
(Formerly Law 709) This course is designed to introduce international students in the Exchange and Advanced Degree Programs (LL.M. and SPILS) to the key principles of American law. The course provides an overview of distinctive features of the U.S. legal system, including its history and institutions. Topics include: the role of precedent in the Common Law; distinctive elements of Civil Procedure and legal actions; the Branches of the U.S. Government and the Separation of Powers; Federalism; Due Process; Equal Protection. The course is offered before the start of the regular Law School quarter. Special Instructions: Required for LL.M. but optional for the SPILS and Exchange Program students. Open to LL.M., SPILS and SLS Exchange Program students only. The class starts on September 5 and runs through September 21. Final exam will be scheduled on Friday, September 22. Elements used in grading: Class attendance, participation, short written assignment and final exam.
LAW 8022. Professional Responsibility. 3 Units.
(Formerly Law 677) This course introduces students to the goals, rules and responsibilities of the American legal profession and its members. The course is designed around the premise that the subject of professional responsibility is the single most relevant to students' future careers as members of the bar. These issues come up on a constant basis and it is critical that lawyers be alert to spotting them when they arise and be educated in the methods of resolving them. As such, the course will address many of the most commonly recurring issues that arise, such as confidentiality, conflicts of interest, candor to the courts and others, the role of the attorney as counselor, the structure of the attorney-client relationship, issues around billing, the tension between "cause lawyering" and individual representation, and lawyers' duty to serve the underrepresented. In addition, we will delve into some more personal ethical issues that reflect on why students have chosen law as a profession and how lawyers compose careers that promote or frustrate those goals. At the start of each session (starting with the second session) there will be a brief quiz on the material that was covered in the readings and discussion of the prior session. During the period of the course, students will also be responsible for submitting one reflection paper (three-to-five pages) based on a prompt that will be circulated after each of the first six sessions (one paper for the entire course). These papers will be due by 11:59 on the last day the class meets. Grades will be based on the quizzes and the paper submitted, with the instructor retaining the right to take class participation into account. Attendance is mandatory and students must seek instructor approval for any absences not due to illness. This course is offered to foreign graduate students only. It is taught on an accelerated basis over the course of three weeks between orientation and the beginning of the Fall Quarter classes. Thus, the course meets on average nine hours per week. The exact meeting times will be set once the graduate students' schedules are set. Elements used in grading: Attendance, class participation, quizzes and written memo. Limited to LLMs, JSMs and exchange students. Required for LLMs.
LAW 8031. JSD Research Colloquium. 0 Units.
(Formerly Law 218) Required for and limited to JSD candidates. The objective of the colloquium is to assist students in designing, conducting, analyzing and reporting their doctoral dissertation research. Weekly colloquium sessions are devoted to work in progress presentations by JSD candidates, supplemented by occasional guest lectures and discussions of cross-cutting issues of interest to doctoral students.