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Independent Research
LAWS 49901
- 01
(1 to 2 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 2012
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Independent Research
LAWS 49901
- 01
(1 to 2 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 2013
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Independent Research
LAWS 49901
- 01
(1 to 2 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 2013
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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.
Autumn 2012
Michael Friedman
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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 2013
Alan D'Ambrosio
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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.
Undergraduate students by instruction permission only.
Autumn 2012
Tom Ginsburg
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Investigative, Trial, and Policy Issues in Criminal and National Security Law
LAWS 70708
- 01
(3)
+, m, w, x
This seminar covers a series of issues in criminal and national security law, often comparing and contrasting the two approaches, with a particular focus on challenges arising from acts of terrorism and other national security prosecutions, the President's war powers and congressional oversight, and in other select areas, including money laundering, economic sanctions, foreign investment in the United States, and cyber security and data privacy.
Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two reflection papers and a final paper or legal brief (at the student's option) on a select issue in criminal and national security law. Guest speakers will help facilitate discussion on certain topics.
Pre-requisites: Criminal Law and Constitutional Law I.
This class does not count towards the seminars/simulations limit.
Spring 2013
Patrick Fitzgerald, Michael Scudder
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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.
Autumn 2012
Cynthia Shawamreh
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Law and Advances in Medicine
LAWS 93302
- 01
(3)
m, w, x
This seminar will address the intersection of medicine, science, and law, focusing on issues related to human research, informed consent, the "new genetics," and other advances in biotechnology.
Enrollment is limited to 10 students.
Students will write a significant research paper, submitted in three stages, which can be used to satisfy the Writing Project requirement and which will count for 50 percent of the grade. The other 50 percent will be based on class participation.
Spring 2013
Julie Gage Palmer
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Law and Political Thought: Punishment
LAWS 70705
- 01
(3)
c/l, r, w
This course will focus on punishment paradigms—past, present, and future. The United States experienced an exponential increase in its prison population beginning in 1973 and witnessed the collapse of earlier punishment paradigms, such as rehabilitation. At the same time, the early 1970s were marked by severe criticism of the excesses of the criminal justice system and many predictions of the future demise of the prison. This raises a host of questions: What happened in the 1970s that contributed to our present condition of mass incarceration? What is the punishment paradigm that governs the criminal justice system today? And can we envisage a radically different paradigm for the future? This course will explore these questions through readings of the classics of political, social, and legal theory on punishment since the 1970s.
Students will be assessed via a substantial research paper and class participation.
Winter 2013
Bernard E. Harcourt
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Law and Politics: U.S. Courts as Political Institutions
LAWS 51302
- 01
(3)
+, c/l, m, r, w
The purpose of this seminar is twofold. First, it introduces students to the political nature of the American legal system. In reviewing social science literature on courts, students focus on the relationship between the courts and other political institutions. The questions asked include the following: Are there interests that courts are particularly prone to support? What effect does congressional or executive action have on court decisions? What impact do court decisions have? Second, by critically assessing approaches to the study of courts, the seminar seeks to highlight intelligent and sound approaches. Particular concern focuses on assumptions students of courts have made, how evidence is 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 substantial research paper (SRP) graduation requirement.
Winter 2013
Gerald Rosenberg
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Law and Religion
LAWS 97522
- 01
(3)
+, m, w, x
This seminar will explore religious freedom in the United States in more depth. In addition to First Amendment doctrine, readings will encompass philosophical antecedents and current controversies including but not limited to mandated birth control coverage, legislative chaplaincies, and aggressive religious speech. In addition to assigned readings, students will be expected to find and present interesting scholarly articles on current or historical topics relating to the subject matter.
Grading will be based on short reactions to offered readings, presentation of articles, and a concluding paper.
Constitution Law V is a recommended by not required prerequisite.
Spring 2013
Jeremy Mallory
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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 2012
Mark J. Heyrman
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Law and the Theory of the Firm
LAWS 61603
- 01
(2 to 3)
m, w, x
This seminar examines legal and economic theories of why firms choose certain organizational and capital structures. The first part of the seminar will examine the decision between producing goods or services internally and purchasing those items from external markets. We will look at how agency, contract, corporate governance, and intellectual property laws interact with that decision. The second part of the seminar will examine the legal structures that determine how firms finance their operations. For example, why do some firms take on secured debt while others issue new equity? We will consider theories of how various laws (agency, contracts, corporate governance, and bankruptcy) can impact the agency and monitoring costs that drive the financing decision.
Grades will be based on class participation and either 1) short research papers, or 2) a series of response papers.
Autumn 2012
Anthony Casey
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Leadership
LAWS 75102
- 01
(3)
+, m, s, w
The divide between law and business is becoming increasingly blurred as clients look to their lawyers not merely for legal advice but also for leadership and results-focused solutions to complex business problems. Increasing competition, early specialization, and client cost constraints provide junior attorneys with few opportunities to develop the skills necessary to meet these increasing expectations. Through this highly intensive seminar, students will develop the judgment and practical skills necessary to become effective leaders and problem solvers, as well as an understanding of the theoretical foundations of effective leadership. Topics will include project management, strategic vision, forms of influence, and business leadership. Materials will include cutting-edge research, case histories, videos, and literature. Class sessions occasionally will include speakers who have played important leadership roles.
The student's grade will be based on active and insightful class participation, reflection papers on assigned readings, and a final paper on an instructor-approved topic of the student's choosing (examples of potential topics include leadership in alliance formation, variations in governing board structures, performance consequences of executive succession, and leadership in outsourcing relationships). The seminar will require substantial out of class work and class participation will count toward the grade. Students will be developing leadership presentations and completing major projects outside of class. Enrollment is very limited given the unique nature of this seminar, and instructor approval is required. If there is sufficient student interest, there may be a follow-on leadership seminar offered in the Spring.
Winter 2013
David Zarfes, Naveen Thomas
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Legal Interpretation
LAWS 51602
- 01
(3)
m, w, x
Many challenges in law come from the difficulty of interpreting words—always incomplete, often old. This seminar explores different methods of resolving interpretive problems: "plain meaning," its cousin textualism; a search for intent ("original," presumed, or imputed); functional analysis; and so on. The seminar asks how the competing approaches to decoding texts stand up on different criteria, such as consistency with principles of democratic governance (including the contributions of public choice theory) and the philosophy of language. Constitutional and statutory interpretation receive approximately equal emphasis.
Enrollment is limited to 20 students.
The student's grade is based on a series of short research papers.
Successful completion of this seminar qualifies for the fulfillment of the WP graduation requirement.
Autumn 2012
Frank H. Easterbrook
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Legal Profession: Ethics
LAWS 41002
- 01
(3)
p, w, x
This course, which satisfies the professional responsibility requirement, will consider the law and the ethics governing lawyers. Among the topics that will be examined are the nature of the lawyer-client relationship, competency, confidentiality, conflicts of interest, and some fundamental questions about who we are and what we stand for as lawyers.
Autumn 2012
Adam Hoeflich
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Life in the Law
LAWS 99403
- 01
(2)
m, w, x
This seminar will explore the various definitions and valuations of life across diverse areas of the law. Readings will include seminal cases in reproductive rights, assisted suicide, right-to-die, and capital punishment. Background readings in related areas, i.e., scientific journals, papers, etc. will also be required. The seminar will discuss policy decision-making including actuarial analysis and social, medical and religious values inherent, implicit or ignored in the legal analysis.
Students will be required to write three short papers, co-draft a statute in one area of law, and participate in jury deliberations.
Grade will also be based on class participation.
Winter 2013
Herschella G. Conyers
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Litigation Laboratory
LAWS 91563
- 01
(3)
s, u, w, x
This simulation class brings lawyers and students together to analyze and develop aspects of the lawyers’ ongoing cases. It allows good lawyers to use law students for collaborative help with open cases, and allows law students to learn litigation skills by working with the lawyers. A different lawyer with a different case will participate in almost every class. Typically the lawyer will provide materials for the students to review before the class. During the class, students will discuss, argue, debate, and work with the lawyer to solve hard issues. Following each class, students will complete written materials analyzing and evaluating the problem. In classes when lawyers are not included, students also learn practical litigation skills through various advocacy exercises.
Students will be graded based on active participation and their written materials.
Autumn 2012
Catherine Masters, James A. Clark
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Litigation Laboratory
LAWS 91563
- 02
(3)
s, u, w, x
This seminar brings lawyers and students together to analyze and develop aspects of the lawyers’ ongoing cases. It allows good lawyers to use law students for collaborative help with open cases, and allows law students to learn litigation skills by working with the lawyers. A different lawyer with a different case will participate in almost every class. Typically the lawyer will provide materials for the students to review before the class. During the class, students will discuss, argue, debate, and work with the lawyer to solve hard issues. Following each class, students will complete written materials analyzing and evaluating the problem. In classes when lawyers are not included, students also learn practical litigation skills through various advocacy exercises.
Students will be graded based on active participation and their written materials.
Winter 2013
Catherine Masters, James A. Clark
