Offerings

Key:
+ subject to prerequisites, co-requisites, exclusions, or professor permission
1L first year required course
a extends over more than one quarter
c/l cross listed
e first-year elective
l Lecturer-taught seminar/simulation class
m seminar
p meets the professional responsibility/ethics requirement
r papers may meet substantial research paper (SRP) graduation requirement
s meets the professional skills requirement
u simulation class
w may meet writing project (WP) graduation requirement
x offering available for bidding
(#) the number of Law School credit hours earned for successful completion
  • American Legal History: The Twentieth Century

    LAWS 97603 - 01 (3) e, x
    This course examines major legal and constitutional conflicts in twentieth century American history. Topics include law and social movements, the role of the courts, rights consciousness, the legal profession, and legal thought. Students will connect legal texts and legal struggles to broader developments in social, cultural, and political history. Grading is based on class participation and a final examination.
    Spring 2016
    Laura Weinrib
  • Animal Law

    LAWS 46022 - 01 (3) l, m, w, x
    This seminar will explore the treatment of animals in the law. We will cover several areas of the law as they intersect with animal rights and animal welfare issues, including first amendment/constitutional law, criminal law, administrative law, torts, contracts, and consumer protection law. Topics will include: factory farming practices; religious exemptions to animal protection laws; standing and other challenges to litigating on behalf of animals; and evolving theories of economic valuation of animals. Conducted in a discussion format centered around weekly reading assignments, the course will allow students to explore the latest cases, legislation, and legal theories developing in animal law. All perspectives are both welcome and open to critique. Students will be asked to form teams and lead the discussion for a selected week's readings, and to submit a final research paper.
    Autumn 2015
    Roshna Bala Keen, Vince Field
  • Anthropology and Law

    LAWS 93812 - 01 (3) m, r, w, x
    This seminar for law students and graduate students in the social sciences will provide an introduction to the field of legal anthropology. We will address anthropological theories of the nature of law and disputes, examine related studies of legal structures in non-Western cultures, and consider the uses of anthropology in studying facets of our own legal system. By examining individual legal institutions in the context of their particular cultural settings, we can begin to make cross-cultural comparisons and contrasts. In so doing, we confront the challenge of interpreting and understanding the legal rules and institutions of other cultures while assessing the impact of our own social norms and biases on the analysis. Thus, our analytic and interpretative approach will require us to examine the cultural assumptions that underpin various aspects of our own belief systems and the American legal system. Requirements for this seminar course include preparation of a research paper and thoughtful class participation. Writing for this seminar may be used as partial fulfillment of the J.D. writing requirement (SRP or WP).
    Winter 2016
    Christopher Fennell
  • Antitrust Law

    LAWS 42801 - 01 (3) x
    This course covers the fundamentals of U.S. antitrust law (or competition law) as well as the underlying legal and economic theory. Topics covered include: (i) horizontal restraints of trade among competitors such as cartels, oligopolies, joint ventures, and other cooperative activities; (ii) monopoly and dominant firm conduct such as predatory pricing, discount bundling, refusals to deal with competitors, and exclusionary contracts; (iii) vertical restraints of trade between firms and their suppliers or customers such as exclusive dealing, tying arrangements, resale price maintenance, and territorial and customer restrictions; and (iv) mergers.
    Autumn 2015
    Prasad Krishnamurthy
  • Antitrust Law

    LAWS 42801 - 01 (3) x
    This course provides an introduction to the law of antitrust. The course focuses on the practices by which competing firms eliminate, or are alleged to eliminate, competition among themselves. The practices considered include formal cartels, price-fixing conspiracies, conscious parallelism, trade association activities, resale price maintenance, and mergers to monopoly and other types of horizontal merger. The course also looks at the practices by which firms, either singly or in combination, exclude actual or potential competitors from their markets, by means of practices such as boycotts, predatory pricing, tying arrangements, vertical integration, and price discrimination under the Robinson-Patman Act. Both price and non-price vertical restrictions are considered. The grade is based on a final in-class examination.
    Winter 2016
    Randal C. Picker
  • Antitrust Litigation Seminar

    LAWS 91403 - 01 (2) +, l, m, x
    The seminar will cover the evolution of antitrust law, with a particular focus on cases involving mergers, monopoly, unreasonable agreements, cartels, and the intersection of antitrust law with patent settlements. We will also review the Horizontal Merger Guidelines of the FTC and the DOJ and will try to understand their impact on litigated cases of all kinds, especially with respect to issues related to market definition. For each area of antitrust law, we will discuss how the law developed and study litigation strategies in at least one recent, relevant case. I will provide excerpts from testimony, evidence, and/or lower court or agency rulings. As part of the classroom work, we will learn how to use exhibits and demonstratives to argue an antitrust case. Students will have a hands-on experience in using trial exhibit technology and will discuss how it can help an antitrust presentation at trial or on appeal. Why spend time with the early phases of these cases? By the time an appellate court renders an opinion in a case, the issues often look very simple and one-sided, but they are not. After you graduate from the Law School, almost every case that you will see will never make it through litigation or find its way to a decision by a Court of Appeals or the Supreme Court. To gain a complete understanding of antitrust law, you will need to understand how cases evolve at the early stage and what the contested issues are. This seminar will serve students with diverse interests and plans for their legal careers: it should be as valuable to the general business lawyer as to the litigator. I do not assume advanced skill or training in economics, nor is knowledge of complex mathematical or economic tools required. The basic Antitrust Law course is helpful but not required to take the seminar. A three-hour take home examination, along with participation and performance in class exercises, will determine your grade.
    Winter 2016
    J. Robert Robertson
  • Arbitration in the United States

    LAWS 96404 - 01 (3) l, m, w, x
    This seminar focuses on arbitration in the U.S. as a means of resolving both domestic and international commercial disputes. The seminar will explore the advantages and disadvantages of arbitration as compared to both mediation and litigation in the courts. The seminar will also address (among other topics) the nature and scope of arbitral jurisdiction; the nature of the arbitral process; the scope of discovery in domestic and international arbitrations; techniques of effective advocacy in arbitral hearings; the enforcement of domestic and international arbitral awards; and judicial review of arbitral proceedings. A major focus of the seminar will be a series of recent Supreme Court decisions in which the Court has limited the scope of judicial review of arbitral awards and clarified the ways in which arbitral agreements can limit liability (for example, by barring class actions). Finally, the seminar will examine international arbitration in the United States, including the U.S. enforcement of international awards and the conduct in the U.S. of arbitral proceedings involving foreign governments and private parties (“Investor-State” arbitrations).
    Winter 2016
    James R. Ferguson
  • Bankruptcy and Reorganization: The Federal Bankruptcy Code

    LAWS 73601 - 01 (3) x
    This course studies the Federal Bankruptcy Code and the law of corporate reorganization. Topics include the rights of creditors in bankruptcy, the relationship between bankruptcy law and state law, the treatment of executory contracts, bankruptcy planning, the restructuring of corporations in Chapter 11, and the procedure for confirming plans of reorganization. There are no prerequisites for this course.
    Winter 2016
    Douglas G. Baird
  • Bankruptcy and Reorganization: The Federal Bankruptcy Code

    LAWS 73601 - 01 (3) x
    This course studies the Federal Bankruptcy Code and the law of corporate reorganization. Topics include the rights of creditors in bankruptcy, the relationship between bankruptcy law and state law, the treatment of executory contracts, bankruptcy planning, the restructuring of corporations in Chapter 11, and the procedure for confirming plans of reorganization. There are no prerequisites for this course.
    Spring 2016
    Anthony Casey
  • Brief-writing and Appellate Advocacy Seminar

    LAWS 79905 - 01 (3) l, m, s, w, x
    This seminar will be devoted to the art of brief-writing and appellate advocacy. Topics will include how to select the best arguments, how to choose a theme and structure the facts and the argument, and how to write the brief in a way that it is clear, concise and persuasive on the first read. Grades will be based on two papers -- an opening brief and a reply.
    Spring 2016
    Michele Odorizzi
  • Business of Law

    LAWS 61602 - 01 (2) l, m, x
    This seminar will focus our students' critical reasoning skills on their own chosen profession through an in-depth and interdisciplinary examination of the business of law. We will analyze the business, how it is changing, and professional development issues that all new lawyers should expect to arise over their long and varied careers. Classes will include guests with expertise in law firm management, client relationship skills, industry trends, and lawyer career development to prompt a robust and candid dialogue from a variety of perspectives. Reading materials will include selected articles, excerpts, and David H. Maister's influential Managing the Professional Services Firm. Grades will be based on short reaction papers.
    Winter 2016
    Bruce W. Melton
  • Business Organizations

    LAWS 42301 - 01 (3) x
    This course surveys the legal rules governing corporations with an emphasis on the protection of shareholders against management and controlling shareholders. Topics include asset partitioning, fiduciary duties, derivative suits, executive compensation, shareholder voting, M&A, insider trading, fraudulent conveyance, and choice of law. One quarter of the course will be based on problems drawn from transactional settings. The course emphasizes financial and strategic considerations throughout. In addition to the final exam, there will be several pass/fail quizzes throughout the semester. Materials: https://h2o.law.harvard.edu/playlists/1923 and transactional problems distributed in class.
    Autumn 2015
    Holger Spamann
  • Business Organizations

    LAWS 42301 - 01 (3) x
    This is an introductory course on the law of business organizations. While we will focus primarily on corporations, we will also cover agency and partnership to examine similarities and differences in organizational law. Specific topics will include fiduciary law, shareholder voting, executive compensation, derivative suits, control transactions, mergers and acquisitions, and corporate governance. Special emphasis throughout the course will be given to the functional analysis of legal rules and the law and economics method. The student’s grade will be based on a final in-class examination.
    Winter 2016
    Simone Sepe
  • Business Organizations

    LAWS 42301 - 01 (3) x
    This is an introductory course on the law of business organizations. We will focus primarily on the law of corporations and limited liability companies. The course will cover the duties of managers and directors to the business and its stakeholders. Issues of control, litigation procedure, and mergers and acquisitions will be covered. The student's grade is based on a proctored final examination.
    Spring 2016
    Anthony Casey
  • Business Planning

    LAWS 62802 - 01 (2 to 3) +, l, m, x
    This seminar develops and applies the student's knowledge of taxation and corporate and securities law in the solution of a series of transactional problems involving typical steps in business formation and rearrangement. The problems include the formation of a closely held company; the transition to public ownership of the corporation; executive compensation arrangements; the purchase and sale of a business; and mergers, tender offers, and other types of combination transactions. Small-group discussions and lectures are employed. The student must have taken (or be taking concurrently) Corporation Law/Business Association I and Taxation of Corporations I or receive instructor approval. The student's grade is based on a final examination; students may earn an additional credit by writing a paper on a topic approved by the instructors.
    Winter 2016
    Keith Crow, Keith Villmow
  • Business Strategy

    LAWS 91524 - 01 (3) x
    This course applies tools from microeconomics, game theory, industrial organization, and theory of the firm to analyze decisions facing firms in a competitive environment. The specific focus is on strategic decisions where each firm’s profits depend critically on the actions chosen by its competitors. Classes combine case analysis and discussions with lectures. Topics include pricing, positioning, strategic commitment, firm structure, and entry and exit.
    Autumn 2015
    Emir Kamenica
  • Buyouts

    LAWS 42602 - 01 (3) l, m, w, x
    In this seminar we will examine conflicts of interest in mergers and acquisitions, and especially in going private transactions in which publicly held companies are acquired by affiliates of private equity firms with the participation of the company's management or by controlling shareholders. Both types of transactions raise conflict of interest issues because some of the company's directors or officers, who are charged with protecting the public shareholders, may be accused of having interests adverse to those of the public shareholders. We will examine the methods that Delaware law has provided for dealing with these conflicts of interest and whether those methods are likely to be effective. We will also look at a variety of other issues raised by going private transactions, including why they occur, whether they are likely to be beneficial to shareholders in spite of the existence of conflicts of interest, the consequences to society of these transactions and certain conflict and other issues that can arise in transactions even if they are neither management nor controlling shareholder buyouts. Finally, we will examine the role of the lawyers and financial advisors who are involved in these transactions. Grades will be based on a paper and class participation. Some of the topics in this seminar will also be covered in Mergers and Acquisitions, but that course is not a prerequisite for this seminar and students may take both classes. Grades will be based on a paper and on class participation.
    Spring 2016
    Scott Davis
  • Canonical Ideas in American Legal Thought

    LAWS 57013 - 01 (3) +, a, m
    This year-long research seminar is the equivalent of a research colloquium in a PhD program. During the Autumn quarter, students will read, discuss, and critique some of the most influential law review articles from the twentieth century, as well as newer papers that extend and apply those canonical ideas to modern legal problems. The readings will consist of a healthy mix of public law and private law, and various scholarly methodologies. During the Autumn quarter, students will write short research papers on the readings. Students will also work with faculty to identify a topic for a substantial research paper. During the Winter quarter, the seminar will not meet in formal sessions, but each student will work on his or her research paper and will meet individually with the instructors to assess the paper’s progress. During the Spring quarter, the seminar will reconvene, and students will workshop their drafts (i.e., each student will circulate his or her draft in advance and answer questions from students and faculty). Students will receive an Autumn quarter grade based on the reaction papers, discussion facilitation, and class participation. Students will receive a separate grade for the Winter and Spring quarters based on the quality of their research papers and class participation. Every student must enroll for the entire year; students may not drop the class after the Autumn quarter. Students may only enroll with the permission of the instructors. Students interested in enrolling should email Professors Malani and Masur a resume and a one-paragraph statement explaining why they would like to enroll in the seminar no later than August 19, 2015.
    Autumn 2015
    Anup Malani, Jonathan Masur
  • Canonical Ideas in American Legal Thought

    LAWS 57013 - 01 (1) a, m, r, w
    This year-long research seminar is the equivalent of a research colloquium in a PhD program. During the Autumn quarter, students will read, discuss, and critique some of the most influential law review articles from the twentieth century, as well as newer papers that extend and apply those canonical ideas to modern legal problems. The readings will consist of a healthy mix of public law and private law, and various scholarly methodologies. During the Autumn quarter, students will write short research papers on the readings. Students will also work with faculty to identify a topic for a substantial research paper. During the Winter quarter, the seminar will not meet in formal sessions, but each student will work on his or her research paper and will meet individually with the instructors to assess the paper’s progress. During the Spring quarter, the seminar will reconvene, and students will workshop their drafts (i.e., each student will circulate his or her draft in advance and answer questions from students and faculty). Students will receive an Autumn quarter grade based on the reaction papers, discussion facilitation, and class participation. Students will receive a separate grade for the Winter and Spring quarters based on the quality of their research papers and class participation. Every student must enroll for the entire year; students may not drop the class after the Autumn quarter. Students may only enroll with the permission of the instructors. Students interested in enrolling should email Professors Malani and Masur a resume and a one-paragraph statement explaining why they would like to enroll in the seminar no later than August 19, 2015.
    Winter 2016
    Anup Malani, Jonathan Masur
  • Canonical Ideas in American Legal Thought

    LAWS 57013 - 01 (2) a, m, r, w
    This year-long research seminar is the equivalent of a research colloquium in a PhD program. During the Autumn quarter, students will read, discuss, and critique some of the most influential law review articles from the twentieth century, as well as newer papers that extend and apply those canonical ideas to modern legal problems. The readings will consist of a healthy mix of public law and private law, and various scholarly methodologies. During the Autumn quarter, students will write short research papers on the readings. Students will also work with faculty to identify a topic for a substantial research paper. During the Winter quarter, the seminar will not meet in formal sessions, but each student will work on his or her research paper and will meet individually with the instructors to assess the paper’s progress. During the Spring quarter, the seminar will reconvene, and students will workshop their drafts (i.e., each student will circulate his or her draft in advance and answer questions from students and faculty). Students will receive an Autumn quarter grade based on the reaction papers, discussion facilitation, and class participation. Students will receive a separate grade for the Winter and Spring quarters based on the quality of their research papers and class participation. Every student must enroll for the entire year; students may not drop the class after the Autumn quarter. Students may only enroll with the permission of the instructors. Students interested in enrolling should email Professors Malani and Masur a resume and a one-paragraph statement explaining why they would like to enroll in the seminar no later than August 19, 2015.
    Spring 2016
    Anup Malani, Jonathan Masur