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
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
  • Higher Education and the Law

    LAWS 52102 - 01 (3) m, w, x
    The university has long maintained that its history and role as a creator of knowledge and refuge for society's critics require that the government and the courts extend a special respect to the academy's need to govern itself. This seminar discusses how the courts have dealt with this argument in areas such as academic freedom; student admissions and discipline; faculty tenure, dismissal, and unionization; and teaching and research restrictions. Discussions focus on the competing interests of society and the university and the role of the courts in balancing these interests. The student's grade is based on class participation and a major or substantial paper.
    Winter 2015
    Arthur Sussman
  • Hinton Moot Court Competition

    LAWS 99911 - 01 a, w
    The Hinton Moot Court Competition is open to all second- and third-year students (except those third-year students who made it to the semi-finals during the previous year). The competition provides students the opportunity to develop skills in writing and appellate advocacy. Moot Court participants advance through three rounds. The Fall Round: The focus of the preliminary round is on oral argument—no brief writing is required at this stage. After studying the briefs and record of an actual case and participating in practice arguments with student judges, each competitor must argue both sides of the case to panels of local alumni attorneys. Approximately 12-14 students advance to the semi-final (Winter) round. The Winter Round: The students who have advanced to the semi-final round must brief and argue a new case during the Winter quarter. A panel of faculty members judge the semi-final arguments and select the four best advocates on the basis of their written and oral advocacy skills. Semifinalists are recognized as winners of the Mulroy Prize for Excellence in Appellate Advocacy. The Spring Round: The four finalists work in teams of two on another new case during the Spring quarter. A panel of distinguished judges, usually federal appellate judges, presides at the final argument before the Law School community. The winning team is awarded the Hinton Cup; the runners-up are awarded the Llewellyn Cup. Students participating in the semifinal round may be eligible for three pass/fail credits and may satisfy the WP graduation requirement. Please see the Student Handbook for additional details.
    Autumn 2014
  • Hinton Moot Court Competition

    LAWS 99911 - 01 (0 to 3) +, a, w
    The Hinton Moot Court Competition is open to all second- and third-year students (except those third-year students who made it to the semi-finals during the previous year). The competition provides students the opportunity to develop skills in writing and appellate advocacy. Moot Court participants advance through three rounds. The Fall Round: The focus of the preliminary round is on oral argument—no brief writing is required at this stage. After studying the briefs and record of an actual case and participating in practice arguments with student judges, each competitor must argue both sides of the case to panels of local alumni attorneys. Approximately 12-14 students advance to the semi-final (Winter) round. The Winter Round: The students who have advanced to the semi-final round must brief and argue a new case during the Winter quarter. A panel of faculty members judges the semi-final arguments and selects the four best advocates on the basis of their written and oral advocacy skills. Semifinalists are recognized as winners of the Mulroy Prize for Excellence in Appellate Advocacy. The Spring Round: The four finalists work in teams of two on another new case during the Spring quarter. A panel of distinguished judges, usually federal appellate judges, presides at the final argument before the Law School community. The winning team is awarded the Hinton Cup; the runners-up are awarded the Llewellyn Cup. Students participating in the semifinal round may be eligible for three pass/fail credits and may satisfy the WP graduation requirement. Please see the Student Handbook for additional details.
    Winter 2015
  • Hinton Moot Court Competition

    LAWS 99911 - 01 (0 to 3) +, a, w
    The Hinton Moot Court Competition is open to all second- and third-year students (except those third-year students who made it to the semi-finals during the previous year). The competition provides students the opportunity to develop skills in writing and appellate advocacy. Moot Court participants advance through three rounds. The Fall Round: The focus of the preliminary round is on oral argument—no brief writing is required at this stage. After studying the briefs and record of an actual case and participating in practice arguments with student judges, each competitor must argue both sides of the case to panels of local alumni attorneys. Approximately 12-14 students advance to the semi-final (Winter) round. The Winter Round: The students who have advanced to the semi-final round must brief and argue a new case during the Winter quarter. A panel of faculty members judges the semi-final arguments and selects the four best advocates on the basis of their written and oral advocacy skills. Semifinalists are recognized as winners of the Mulroy Prize for Excellence in Appellate Advocacy. The Spring Round: The four finalists work in teams of two on another new case during the Spring quarter. A panel of distinguished judges, usually federal appellate judges, presides at the final argument before the Law School community. The winning team is awarded the Hinton Cup; the runners-up are awarded the Llewellyn Cup. Students participating in the semifinal round may be eligible for three pass/fail credits and may satisfy the WP graduation requirement. Please see the Student Handbook for additional details.
    Spring 2015
  • History of Civil Liberties in the United States

    LAWS 70707 - 01 (3) m, r, w, x
    This seminar examines changing understandings of civil liberties in American legal history. It emphasizes legal and ideological contests over the meaning of free speech, religious freedom, and reproductive rights during the nineteenth and twentieth centuries. Readings explore the intersection between legal struggles and broader developments in social, cultural, and political history, with a particular focus on the labor, civil rights, and feminist movements. The grade is based on a final written paper and class participation.
    Spring 2015
    Laura Weinrib
  • How to Avoid a Regulatory Nightmare: Compliance and Regulatory Strategies for the Post Crisis World

    LAWS 94814 - 01 (3) m, s, w, x
    Since the financial crisis of 2008, regulators and prosecutors around the world increasingly expect companies to have state of the art governance, risk and compliance programs as a condition for remaining in business and for avoiding liabilities for regulatory missteps. Increasingly, regulatory rules are becoming more complex and authorities are becoming more unforgiving, with stepped up efforts to secure criminal and civil penalties against companies, their executives, lawyers and auditors. For companies, such liability can at best result in plummeting share prices, and at worst the shutting down of an enterprise. For individuals, they can result in incarceration, fines, penalties and removal from the business. While many of the principles apply to all industries, the seminar will explore the regulatory and legal foundations for these programs primarily through the lens of the financial services sector, which includes banks, brokerage firms, investment companies and investment advisers. We will also explore how the design and execution of these programs can avoid or limit potential liabilities from regulatory and criminal authorities. From the perspective of a corporate executive or counsel, students will develop the ability to understand the fundamentals of regulatory regimes overseeing these businesses, as well as strategies for successfully engaging the regulators. Students will consider the steps a firm should take to mitigate regulatory and reputation risk, including the importance of an effective corporate ethics program, as well as how, in the process, a firm can enhance its brand, meet the expectations of its board of directors and create value for its shareholders. The grade is based on a final take-home exam, a short research paper and class participation.
    Spring 2015
    Charles Senatore
  • Independent Research

    LAWS 49901 - 01 (1 to 3) +, r, w
    Second-year, third-year, and LL.M. students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
    Autumn 2014
  • Independent Research

    LAWS 49901 - 01 (1 to 3) +, r, w
    Second-year, third-year, and LL.M. students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
    Winter 2015
  • Independent Research

    LAWS 49901 - 01 (1 to 3) +, r, w
    Second-year, third-year, and LL.M. students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
    Spring 2015
  • Innovative Solutions for Business, Law, and Social Issues

    LAWS 91304 - 01 (3) m, w, x
    Many business, legal, and social problems cry out for the kind of imagination typically found in the fields of art, design, and invention. Yet, very few of us take time to cultivate the analytic and creative skills that give rise to truly innovative solutions. In this seminar, we will apply “design thinking,” originally developed by the founders of IDEO (the design firm behind Steve Jobs and Apple), and a variety of related techniques, to important business, legal, and social problems. We will look at how successful innovators obtain breakthroughs, and we will then practice the techniques on simple challenges such as inventing a new product before we progress to larger, more complex challenges like designing an organization that continuously invents streams of new products. In law, we will look at why corporate clients hold creative lawyers in the highest regard, and as an exercise in design thinking, we will design a system that enables compliance with the Foreign Corrupt Practices Act (FCPA) in a company striving for growth in risky, emerging markets. We will also look at legal education and determine how design thinking can lead to more imaginative and meaningful reform. In the area of social impact, we will look at how we as a society can enable universal access to potable water, and we will also consider new approaches to building sustainable, green cities amidst the new surge in urbanization taking place in India, China, and the developing world. Grading will be determined by class participation and by performance across three papers. The first paper will examine best practices in innovation. The second paper will focus on a specific case in business or the legal profession. The third paper will address a large-scale problem such as climate change, political polarization, or North Korea – and require students to work in teams and present their work to the class at the conclusion of the seminar.
    Autumn 2014
    Tom Manning
  • Intellectual Property-based Finance and Investment

    LAWS 95113 - 01 (3) m, w, x
    Developed economies once resembled a stable three-legged stool -- manufacturing, services and invention. Today, only Intellectual Property (“IP”) and the value it generates remains to support the standard of wealth developed nations have come to enjoy. IP now dwarfs all assets in value-at-risk with intangible assets accounting for over 75 percent of a company’s market capitalization. The seminar will focus on two general topic areas related to IP. First, the class will examine the multiple markets for IP which exist. Second, the class will focus on IP-based asset management and investment banking practices in an attempt to illustrate how economic value can be extracted from IP as an asset class. The grade is based on a final written paper and will be adjusted to reflect class participation.
    Autumn 2014
    Michael Friedman
  • International Arbitration

    LAWS 94602 - 01 (3) m, s, w, x
    This seminar gives students a practical foundation in the mechanics of international commercial arbitration and an understanding of the tactical choices that frequently confront international arbitration practitioners. With the emergence of the global economy and the explosive growth of cross-border transactions and multinational joint ventures, international arbitration has become the leading mechanism for resolution of international commercial disputes. With parties increasingly unwilling to accept the risks of litigation in the local courts of their foreign business partners, international arbitration agreements are now a mainstay of cross-border commercial transactions. Topics include the crafting of effective international arbitration agreements, the relative advantages and disadvantages of ad hoc UNCITRAL-style arbitration and institutional arbitration (ICC, AAA, etc.), the rules of procedure that govern international arbitration, the difficult procedural issues that commonly arise in international arbitration (such as the availability and extent of discovery, the consolidation of parties and claims, etc.), procedural and substantive issues applicable to investor-state arbitration, the effective presentation of evidence, and the enforcement of international arbitral awards. The student's grade is based upon the quality of preparation for and oral participation in the seminar, as well as the quality of a required research paper.
    Spring 2015
    Alan D'Ambrosio
  • International Environmental Law

    LAWS 92702 - 01 (3) m, w, x
    This seminar examines how global resources can be protected within an international legal framework where state actors reign supreme. Sources of international environmental law and associated enforcement mechanisms will be discussed with reference to various environmental problems such as loss of biodiversity, climate change, ozone depletion, trans-boundary air pollution, and oil spills. The relationship between trade, development, and environmental protection will receive particular attention throughout the seminar, as will issues arising from the evolving role of non-state actors. The student's grade will be based on class participation and a major paper. This seminar may be taken to fulfill one of the substantial writing requirements if the major paper is certified by the professor as having met the criteria.
    Spring 2015
    Georgie Boge Geraghty
  • International Finance

    LAWS 48901 - 01 (3) c/l, m, r, w, x
    Today the volume of international financial flows far exceeds the volume of international trade. This seminar addresses the international regulatory aspects of U. S. domestic banking and security markets and contrasts them with foreign markets. The focus is on U.S., European, and other regulatory systems and the role of international financial institutions. In addition to introductory material on U.S. banking and securities regulation, foreign exchange markets, and the growth of Eurocurrency markets, two particularly current topics will be addressed: (1) international regulatory aspects of the recent international financial crisis and (2) changes in U.S. law made or under consideration to respond to that crisis. Special attention will be paid to the "Euro problem" and to Chinese financial markets. The grade is based on a final written paper.
    Autumn 2014
    Kenneth W. Dam
  • International Human Rights

    LAWS 96101 - 01 (3) c/l, r, w
    This course is an introduction to international human rights law, covering the major instruments and institutions that operate on the international plane. It includes discussion of the conceptual underpinnings of human rights, the structure of the United Nations System, the major international treaties, regional human rights machinery, and the interplay of national and international systems in enforcing human rights. There are no prerequisites. Grading will be on the basis of a take-home exam at the end of the quarter. Students who wish to write, in lieu of the exam, a paper sufficient to satisfy the substantial writing requirement, may do so upon approval of the topic in advance.
    Winter 2015
    Tom Ginsburg
  • Islamic Law and Finance

    LAWS 80222 - 01 (3) c/l, m, w, x
    This seminar will provide students with an overview of the modern Islamic finance industry. We will review the basic sources of Islamic law and jurisprudence and consider the prohibitions on unjustified increase (riba) and excessive risk (gharar). We will explore the classical rules of Islamic contract and commercial law and their application in the modern context. The growth of the modern Islamic finance industry from the 1970’s to the present will be examined. The main Islamic financial products will be reviewed. We will consider legal questions in structuring transaction documentation. We will explore the ethical underpinnings of Islamic finance and the social justice questions highlighted by the intersection of religion and finance. Regulatory issues will be discussed. We will also consider the political environment in which Islamic finance currently operates. The seminar is intended to familiarize students with the essential legal framework of the rapidly emerging market for highly technical and sophisticated Islamic financial products. The grade is based on a final written paper and class participation.
    Autumn 2014
    Cynthia Shawamreh
  • Judicial Opinions and Judicial Opinion Writing

    LAWS 52003 - 01 (3) m, s, w, x
    For many graduates of this law school, their first job is as a judicial law clerk, usually in a federal court of appeals. A few graduates will eventually become judges. More important, many, many graduates will have a litigation practice. As law clerks or judges, they must learn to write judicial opinions. As practicing lawyers, they must learn to think like judges so that they will know how to communicate with them effectively, in briefs and at oral argument: something few lawyers know how to do. The seminar aims to teach law students how to think and write like judges, and so to equip them for a future as law clerks, judges, practicing lawyers--or all three. The grade will be based on a series of short research papers.
    Winter 2015
    Richard A. Posner
  • Law and Politics: U.S. Courts as Political Institutions

    LAWS 51302 - 01 (3) +, c/l, m, r, w
    The purpose of this seminar is two-fold. First, the seminar aims to introduce students to the political science literature on courts understood as political institutions. In examining foundational parts of this literature, the seminar will focus on the relationship between the courts and other political institutions. The sorts of questions to be asked include: Are there interests that courts are particularly prone to support? What factors influence judicial decision-making? What effect does congressional or executive action have on court decisions? What impact do court decisions have? While the answers will not always be clear, students should complete the seminar with an awareness of and sensitivity to the political nature of the American legal system. Second, by critically assessing approaches to the study of the courts, the seminar seeks to highlight intelligent and sound approaches to the study of political institutions. Particular concern will focus on what assumptions students of courts have made, how evidence has been integrated into their studies, and what a good research design looks like. There will be a mandatory preliminary meeting for interested students in the Autumn; law student enrollment is limited to 7. There is a choice. Students can either write two 5-7 page analytic papers and complete a take-home final or they can write one 5-7 page analytic paper and undertake a substantial research paper. Papers may meet the substantial research paper (SRP) graduation requirement.
    Winter 2015
    Gerald Rosenberg
  • Law and Race

    LAWS 69104 - 01 (3) m, r, w, x
    This seminar explores the intersection of race with legal institutions in both historical and contemporary contexts. Given that the seminar is designed to culminate in a scholarly paper, much of the reading will consist of canonical law review articles and other forms of legal scholarship. Although students are welcome to address a wide range of paper topics, the assigned readings will include: jury nullification, racial profiling, racial tokenism, and critical race theory (and its discontents). Students will be evaluated upon class participation and a substantial written paper.
    Spring 2015
    Justin Driver
  • Law and the Mental Health System

    LAWS 47001 - 01 (3) r, w
    The course examines the interrelationship between legal doctrine; procedural rules; medical, cultural, and social scientific understandings of mental disability; and institutional arrangements affecting the provision of services to the mentally disabled. Consideration is given to admission to and discharge from mental health facilities, to competency to consent to or to refuse treatment, to surrogate decision-making for those found incompetent, to the rights of those confined in mental health facilities; to discrimination against the mentally disabled, and to the rights of the mentally disabled in the criminal justice system. Grades are based on a final paper or a final take-home exam, and class participation.
    Autumn 2014
    Mark J. Heyrman