-
Commercial Real Estate Transactions
LAWS 44801
- 01
(3)
s
This course examines the legal and business aspects of commercial real estate transactions, including purchase and sale contracts, choice of entity and tax considerations, condition of title and title insurance, survey, warranties, construction lending and construction contracts, and basic financing structures. The student's grade is based on a final examination.
Autumn 2009
Jeff Leslie
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Comparative Constitutional Law
LAWS 50211
- 01
(3)
This course surveys constitutional cases and developments in leading foreign jurisdictions such as Australia, Canada, Germany, India, Israel, South Africa and the United Kingdom with a view to gaining deeper insights into the nature of constitutionalism the U.S., and the way in which it may or may not be open to change in the future. In particular, it examines how these and select other jurisdictions have dealt with emergency legislation post-9/11, affirmative action, abortion, gay and lesbian rights, hate speech, pornography, libel, religious free exercise (especially as it arises in the context of religious sacraments, religious dress and the military), sexual violence and socio-economic rights, when compared to the U.S. A student's grade will be based on a take-home final exam and class participation.
Winter 2010
Rosalind Dixon
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Comparative Family Law
LAWS TBD
- 01
(3)
b
This course will examine various family law topics from a comparative perspective. We will compare various countries' and cultures' approaches to topics such as the regulation of marriage, gender equality in the family, support of children, reproductive issues, assisted reproduction, child rearing practices, adoption, and children's rights. Students will be required to write three or four brief papers during the quarter, and may also be asked to comment on others' papers. With instructor approval, a student may write a paper on a topic from the class as partial fulfillment of the JD writing requirement (SWP for JD '10; SRP or WP for JD '11 and JD '12) . Enrollment will be limited to 20 students, and those who have already taken a basic family law course or Parent, Child and the State will be given priority.
Spring 2010
Emily Buss
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Comparative Judicial Politics
LAWS 51502
- 01
(3)
b
This seminar will survey the comparative literature on courts and politics. Readings will cover courts in the European Union, East Asia, the former Soviet Union and Latin America, as well as theories of judicial politics in both autocracies and democracies. Students will be expected to write an independent research paper on an issue relevant to the course. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10; SRP or WP for JD '11 and JD '12).
Autumn 2009
Tom Ginsburg
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Comparative Legal Institutions
LAWS 50101
- 01
(3)
b, e
This course is designed to examine a range of legal institutions from a comparative and interdisciplinary perspective. It is not a traditional course in comparative law, in that it focuses not so much on particular rules of substantive law but on the structure of different legal systems and the consequences of those structural differences for law and society. Readings will be drawn from legal and social science literature, including works from anthropology, economics, political science and sociology. The course will explicitly cover non-Western legal traditions to an extent not found in conventional comparative law courses. The course will conclude with reflections on what a comparative perspective tells us about American legal institutions. Course grades will be given on the basis of a take-home written exam, with a small component for class participation.
Spring 2010
Tom Ginsburg
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Competition Policy in the European Community
LAWS 75402
- 01
(2)
This course will provide an introduction to EC Competition Law with a special emphasis on the increasing role of economic analysis in it. The course will be conducted over two full days. During the first day, a series of lectures will provide an intensive introduction to the basic laws and institution that define competition policy for the European Community. During the second day, a series of lectures will focus in important topics and cases that characterize the state of EC competition law today. This course based on a series of lectures followed by discussion among the participants. A student's grade will be based on a paper on a topic related to EC competition law.
Spring 2010
David Evans
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Complex Litigation
LAWS 52412
- 01
(2)
s
An advanced civil procedure class, this course will introduce students to complex civil litigation, and the various ways available in the federal system to aggregate multi-party, multi-issue, and multi-forum disputes. The class will cover both the theory of the various laws and devices used in aggregation, and also the practical aspects of how those laws and theories succeed (or not) in achieving fair and efficient disposition of disputes. Topics covered will include the various mechanisms for aggregating parties, including joinder, intervention, interpleader, and class actions; relevant venue and consolidation considerations, including multi-district transfer and consolidation; federal jurisdiction and preclusion rules that affect aggregation; and relevant choice of law issues. Grading will be based on an open-book take-home final examination, with some account taken of class participation.
Spring 2010
Brian Murray
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Concluding Complex Business Transactions
LAWS 91522
- 01
(3)
s
This seminar will examine the role of the attorney in advancing client interests, balancing business risks and, in all other relevant respects, adding value in a variety of business contexts across a range of industries (e.g., finance, retail, energy, healthcare, and IT). Students will be presented with broad business objectives and parameters, and charged with structuring, negotiating, and concluding deals that best meet client needs while taking into consideration the constraints informed by differing positions of negotiation leverage. Through exposure to diverse transactions, students will encounter and learn to deftly handle recurring and customary practice challenges and pitfalls. In-class negotiations and written assignments (of the sort typically required in legal practice) will form an essential element of the seminar and of the student's grade (approximately 70 percent); performance on a take-home examination will form the balance of the student's grade (approximately 30 percent).
Autumn 2009
David Zarfes
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Constitutional Decision Making
LAWS 50202
- 01
(3)
b, s
Students enrolled in this seminar work as courts consisting of five Justices each. During each of the first eight weeks of the quarter, the courts are assigned several hypothetical cases raising issues under either the Equal Protection Clause or the First Amendment's guarantee of freedom of speech and press. Each court must select in advance whether it will focus on equal protection or the First Amendment. All cases must be decided with opinions (concurring and dissenting opinions are, of course, permitted). The decisions may be premised on the legislative history of the amendment (materials on that history will be provided) and on any doctrines or precedents created by the Justices themselves. The Justices may not rely, however, on any actual decisions of the United States Supreme Court. The seminar is designed to give students some insight into the problems a justice confronts in collaborating with colleagues, interpreting an ambiguous constitutional provision, and then living with the doctrines and precedents he or she creates. Constitutional Law is not a prerequisite for participation in this seminar. Enrollment will be limited to three courts. Since the members of each court must work together closely under rigid time constraints, it is preferable for students to form their own complete courts.Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10; SRP or WP for JD '11 and JD '12).
Winter 2010
Geoffrey R. Stone
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Constitutional Law I: Governmental Structure
LAWS 40101
- 01
(3)
This course analyzes the structure of American government, as defined through the text of the Constitution and its interpretation. The major subjects covered are the allocation of powers among the legislative, executive, and judicial branches; the function of judicial review; and the role of the states and the federal government in the federal structure. The student's grade is based on class participation and a final examination.
Autumn 2009
Aziz Huq
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Constitutional Law I: Governmental Structure
LAWS 40101
- 01
(3)
This course analyzes the structure of American government, as defined through the text of the Constitution and its interpretation. The major subjects covered are the allocation of powers among the legislative, executive, and judicial branches; the function of judicial review; and the role of the states and the federal government in the federal structure. The student's grade is based on class participation and a final examination.
Winter 2010
Alison LaCroix
-
Constitutional Law II: Freedom of Speech
LAWS 40201
- 01
(3)
+
A study of the doctrine and theory of the constitutional law of freedom of speech. The subjects for discussion include advocacy of unlawful conduct, defamation, invasion of privacy, commercial speech, obscenity and pornography, offensive speech, symbolic expression, restrictions on the speech of government employees, restrictions on speech in schools and colleges, the relevance of free speech principles to museums and libraries, protest in public places, regulation of campaign expenditures and communications, freedom of the press as a distinct principle, and regulation of the electronic media. The student's grade is based on a final examination and class participation. Students who have completed Constitutional Law IV are ineligible to enroll in this course.
Winter 2010
Geoffrey R. Stone
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Constitutional Law III: Equal Protection and Substantive Due Process
LAWS 40301
- 01
(3)
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are the constitutional law governing discrimination on the basis of race, gender, and other characteristics, and the recognition of individual rights not explicitly enumerated in the Constitution. Throughout, students consider certain foundational questions, including the role of courts in a democracy and the question of how the Constitution should be interpreted. The student's grade is based on a final examination. The course may be limited in enrollment.
Autumn 2009
Adam B. Cox
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Constitutional Law III: Equal Protection and Substantive Due Process
LAWS 40301
- 01
(3)
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are the constitutional law governing discrimination on the basis of race, gender, and other characteristics, and the recognition of individual rights not explicitly enumerated in the Constitution. Throughout, students consider certain foundational questions, including the role of courts in a democracy and the question of how the Constitution should be interpreted. The student's grade is based on a final examination. The course may be limited in enrollment.
Spring 2010
Geoffrey R. Stone
-
Constitutional Law V: Freedom of Religion
LAWS 40501
- 01
(3)
+
This course explores the relationship between religion, constitutional law, and judicial review in the United States. Students will consider how political institutions might be designed in light of religious commitments in society, and then study the influence of constitutional adjudication and the character of judicial doctrine. Students are encouraged to complete Constitutional Law I before enrolling in this course. Students who have completed Constitutional Law IV are ineligible to enroll in this course. Grades are based on a final exam and class participation.
Spring 2010
Adam Samaha
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Contract Theory
LAWS TBD
- 01
(2)
This course surveys the current literature on contract theory with an emphasis on questions of interpretation, problems posed by remedies, and the results of empirical studies. The section on interpretation covers modern takes on the debate between formal interpretation, which seeks to minimize the use of evidence that is outside the four corners of a contract, and contextual interpretation, which emphasizes the dynamic character of contracts. The remedies module looks at the classic literature on the expectation interest and modern skepticism about that goal. Coverage of empirical work focuses on several areas including what these studies say about the truth of common perceptions about consumer contracts and the results of controlled experiments that look at changes in behavior based on changes in contract terms. Grades are based on response papers and class participation. Some background in economics, such as an undergraduate course in microeconomics or the Law and Economics course at the Law School, is helpful, but not required.
Spring 2010
Adam Badawi
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Contracting Lab/IT and IP Sectors - Microsoft
LAWS 91532
- 01
(2)
+, a, s
The objective of this two-quarter seminar is to create a student laboratory that will work closely with Microsoft's Redmond, Washington-based Office of Corporate and Legal Affairs on legal initiatives relative to the practice of a multinational software and technology-based business. One of our tasks will be to develop industry-specific terms and templates for hardware, software, and IT services transactions and, in this regard, we will likely involve Microsoft and a number of its competitors and clients in discussions of industry-wide best legal and contracting practices. Research assignments and presentations focusing upon data privacy, cross-border regulations, and legislative initiatives, as well as other issues relevant to the industry, will complement practice-oriented assignments. This lab mirrors a real-world work experience, and students are expected to treat the class as such by responding to all email or phone communications within 24 hours, and by exercising a high level of professionalism. The volume of work for this class may at times exceed the number of credits to be awarded, and students should bear in mind that some fruits of the lab derive from the hands-on experience and client development opportunities that each project entails. The student's grade will be based upon the quality of work product (50 percent), appropriate attention to client service (25 percent), and collaborative efforts within a team environment (25 percent). Students are required to register for two consecutive quarters (Fall/Winter or Winter/Spring). Enrollment capped at 12 students.
Autumn 2009
David Zarfes
-
Contracting Lab/IT and IP Sectors - Microsoft
LAWS 91532
- 01
(2)
+, a, s
The objective of this two-quarter seminar is to create a student laboratory that will work closely with Microsoft's Redmond, Washington-based Office of Corporate and Legal Affairs on legal initiatives relative to the practice of a multinational software and technology-based business. One of our tasks will be to develop industry-specific terms and templates for hardware, software, and IT services transactions and, in this regard, we will likely involve Microsoft and a number of its competitors and clients in discussions of industry-wide best legal and contracting practices. Research assignments and presentations focusing upon data privacy, cross-border regulations, and legislative initiatives, as well as other issues relevant to the industry, will complement practice-oriented assignments. This lab mirrors a real-world work experience, and students are expected to treat the class as such by responding to all email or phone communications within 24 hours, and by exercising a high level of professionalism. The volume of work for this class may at times exceed the number of credits to be awarded, and students should bear in mind that some fruits of the lab derive from the hands-on experience and client development opportunities that each project entails. The student's grade will be based upon the quality of work product (50 percent), appropriate attention to client service (25 percent), and collaborative efforts within a team environment (25 percent). Students are required to register for two consecutive quarters (Fall/Winter or Winter/Spring). Enrollment capped at 12 students.
Spring 2010
David Zarfes
-
Contracting Lab/IT and IP Sectors - Microsoft
LAWS 91532
- 01
(3)
+, a, s
The objective of this two-quarter seminar is to create a student laboratory that will work closely with Microsoft's Redmond, Washington-based Office of Corporate and Legal Affairs on legal initiatives relative to the practice of a multinational software and technology-based business. One of our tasks will be to develop industry-specific terms and templates for hardware, software, and IT services transactions and, in this regard, we will likely involve Microsoft and a number of its competitors and clients in discussions of industry-wide best legal and contracting practices. Research assignments and presentations focusing upon data privacy, cross-border regulations, and legislative initiatives, as well as other issues relevant to the industry, will complement practice-oriented assignments. This lab mirrors a real-world work experience, and students are expected to treat the class as such by responding to all email or phone communications within 24 hours, and by exercising a high level of professionalism. The volume of work for this class may at times exceed the number of credits to be awarded, and students should bear in mind that some fruits of the lab derive from the hands-on experience and client development opportunities that each project entails. The student's grade will be based upon the quality of work product (50 percent), appropriate attention to client service (25 percent), and collaborative efforts within a team environment (25 percent). Students are required to register for two consecutive quarters (Fall/Winter or Winter/Spring). Enrollment capped at 12 students.
Winter 2010
David Zarfes
-
Contracting Lab/Services Sector - Accenture and Northern Trust
LAWS 91552
- 01
(2)
+, a, s
The objective of this two-quarter seminar is to create a student laboratory that will work closely with the legal teams from Accenture and Northern Trust on legal initiatives relative to the practice of multinational clients in the services sector. Students will be given a wide range of responsibilities in connection with one or more of the projects, including: for Accenture, (1) government contracts and processes: analyze substantive terms and conditions in governmental contracts to determine and assess negotiation trends and procedural rules that might inform revisions to Accenture's negotiating methodology; (2) top law firms and third-party advisors supporting outsourcing transactions: interview top law firms and third party advisers that support outsourcing contracts to determine their negotiation styles and strategies, and assess market trends and futures outsourcing movement with an eye toward the current economic environment; and (3) contract negotiation methodology: work with Accenture's negotiation teams to assess internal effectiveness of Accenture's methodology training techniques and support activities, research best practices for negotiation culture change, and furnish recommendations for additional programs to increase Accenture's negotiation effectiveness; and, for Northern Trust, review and analyze key contracts and provisions for asset servicing, fund administration, and related services to a wide range of institutional investors world-wide. This lab mirrors a real-world work experience, and students are expected to treat the class as such by responding to all email or phone communications within 24 hours, and by exercising a high level of professionalism. The volume of work for this class may at times exceed the number of credits to be awarded, and students should bear in mind that some fruits of the lab derive from the hands-on experience and client development opportunities that each project entails. The student's grade will be based upon the quality of work product (50 percent), appropriate attention to client service (25 percent), and collaborative efforts within a team environment (25 percent). Students are required to register for both quarters. Enrollment capped at 12 students.
Autumn 2009
David Zarfes
