-
Corporate Reorganizations
LAWS 73702
- 01
(3)
+, x
This course studies reorganizations under Chapter 11 of the Federal Bankruptcy Code. The focus of the course will be upon the important questions that arise in the restructuring of large corporate enterprises, in particular the process of forming and confirming plans of reorganization.
Bankruptcy (LAWS 73601) is a prerequisite for this course.
The student's grade will be based on a final examination.
Open to MBA students.
Spring 2013
Douglas G. Baird
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Counterintelligence and Covert Action - Legal and Policy Issues
LAWS 70706
- 01
(3)
m, w, x
This seminar will focus on the legal framework for counterintelligence and other instruments of national power that seek to neutralize and/or exploit our adversaries' intelligence activities against US national security interests. Such adversaries may include foreign intelligence services, terrorists, foreign criminal enterprises, cyber intruders, or some combination thereof. The seminar will consider both legal and policy issues raised in efforts to prevent adversarial espionage action -- overt, covert, or clandestine -- targeting US military, diplomatic, and economic interests at home and abroad. The seminar will also explore the role and overlap of covert action, roughly defined as action intended to influence events in another nation or territory without revealing the involvement of the sponsor. Care will be taken to consider less frequently discussed implications for domestic and international economies and markets, as well as the extent to which economic and market considerations motivate policy making or legal decisions. The seminar will include short case studies from the Cold War and post-Cold War eras in the US, Latin America, the Middle East, and the former USSR.
The seminar is designed to minimize overlap with the material covered in The Law of Counterterrorism (LAWS 70704) and National Security Issues (LAWS 70703) by primarily focusing attention on state actors rather than nonstate actors.
Grades will be based upon a final paper, short weekly response papers, and reasonable class participation.
Autumn 2012
Stephen Cowen
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Court Reform in the Juvenile Justice System
LAWS 60103
- 01
(1)
+, a, m, r, w
The social scientific literature suggests that adults’ experience in court has important effects on their attitudes about legal institutions and their obligation to obey the law. But little attention has been paid to the developmental effects of adolescents’ experience in juvenile court, despite the fact that young people’s very presence in juvenile court suggests that they are at special risk of developing anti-social attitudes about the law and legal institutions. The aim of this seminar is to study young people’s experience in juvenile court, and to propose a set of procedural reforms designed to enhance the opportunities for positive legal socialization afforded in juvenile court proceedings.
The seminar will span the entire year, meeting roughly three times per quarter, to allow time for ongoing research, collaboration, and writing. Seminar participants will read and discuss leading works on juvenile justice reform, discuss relevant issues with experts in the field, observe juvenile justice proceedings, and collaborate in the development of reforms.
Written work will include shorter “response” papers and one longer paper, which can qualify for substantial writing credit.
Participation is limited to 10 students, and year-long participation is required.
Winter 2013
Emily Buss
-
Court Reform in the Juvenile Justice System
LAWS 60103
- 01
(1)
+, a, m, r, w
The social scientific literature suggests that adults’ experience in court has important effects on their attitudes about legal institutions and their obligation to obey the law. But little attention has been paid to the developmental effects of adolescents’ experience in juvenile court, despite the fact that young people’s very presence in juvenile court suggests that they are at special risk of developing anti-social attitudes about the law and legal institutions. The aim of this seminar is to study young people’s experience in juvenile court, and to propose a set of procedural reforms designed to enhance the opportunities for positive legal socialization afforded in juvenile court proceedings.
The seminar will span the entire year, meeting roughly three times per quarter, to allow time for ongoing research, collaboration, and writing. Seminar participants will read and discuss leading works on juvenile justice reform, discuss relevant issues with experts in the field, observe juvenile justice proceedings, and collaborate in the development of reforms.
Written work will include shorter “response” papers and one longer paper, which can qualify for substantial writing credit.
Participation is limited to 10 students, and year-long participation is required.
Spring 2013
Emily Buss
-
Court Reform in the Juvenile Justice System
LAWS 60103
- 01
(1)
a, m, r, w, x
The social scientific literature suggests that adults’ experience in court has important effects on their attitudes about legal institutions and their obligation to obey the law. But little attention has been paid to the developmental effects of adolescents’ experience in juvenile court, despite the fact that young people’s very presence in juvenile court suggests that they are at special risk of developing anti-social attitudes about the law and legal institutions. The aim of this seminar is to study young people’s experience in juvenile court, and to propose a set of procedural reforms designed to enhance the opportunities for positive legal socialization afforded in juvenile court proceedings.
The seminar will span the entire year, meeting roughly three times per quarter, to allow time for ongoing research, collaboration, and writing. Seminar participants will read and discuss leading works on juvenile justice reform, discuss relevant issues with experts in the field, observe juvenile justice proceedings, and collaborate in the development of reforms.
Written work will include shorter “response” papers and one longer paper, which can qualify for substantial writing credit.
Participation is limited to 10 students, and year-long participation is required.
Autumn 2012
Emily Buss
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Criminal and Juvenile Justice Project Clinic
LAWS 67213
- 01
(1)
+, a, s, x
The Juvenile and Criminal Justice Clinic provides legal representation to poor children and young adults accused of delinquency and crime. The Clinic is a national leader in expanding the concept of legal representation to include the social, psychological and educational needs of clients. Students will learn strategy, pre-trial, and trial skills while applying legal theory. Students will examine the juvenile and criminal justice systems relationship to the poor and marginalized through litigation, legislative advocacy, and public education, including the development of policies for crime and violence prevention and system reform. Students will draft motions, briefs, memoranda, and pleadings in state, appellate and federal courts as required. They will interview clients and witnesses; inspect crime scenes; conduct fact investigations; and develop effective pre- and post-trial strategies, including alternatives to incarceration. Licensed students will appear in court, argue contested motions, negotiate with opposing counsel, and generally second-chair trials. Licensed students may also present oral argument before appellate courts. All students will participate in community, professional and bar association activities. Students work in teams to foster collaboration and ensure continuity in representation. The Clinic social worker and social work students are involved in many of the cases and activities. All students are encouraged to work creatively, and across disciplines. Participation includes a weekly hour meeting. Students wishing to enroll are encouraged to take Evidence in their second year. Other recommended courses: Criminal Procedure, Juvenile Justice, and Intensive Trial Practice Workshop or Trial Advocacy. Students may continue in the clinic throughout their 2 and 3L years: academic credit varies and will be awarded according to the Law School's general criteria for clinical courses and by the approval of the clinical staff.
Spring 2013
Herschella G. Conyers, Randolph N. Stone
-
Criminal and Juvenile Justice Project Clinic
LAWS 67213
- 01
(1)
+, a, s, x
The Juvenile and Criminal Justice Clinic provides legal representation to poor children and young adults accused of delinquency and crime. The Clinic is a national leader in expanding the concept of legal representation to include the social, psychological and educational needs of clients. Students will learn strategy, pre-trial, and trial skills while applying legal theory. Students will examine the juvenile and criminal justice systems relationship to the poor and marginalized through litigation, legislative advocacy, and public education, including the development of policies for crime and violence prevention and system reform. Students will draft motions, briefs, memoranda, and pleadings in state, appellate and federal courts as required. They will interview clients and witnesses; inspect crime scenes; conduct fact investigations; and develop effective pre- and post-trial strategies, including alternatives to incarceration. Licensed students will appear in court, argue contested motions, negotiate with opposing counsel, and generally second-chair trials. Licensed students may also present oral argument before appellate courts. All students will participate in community, professional and bar association activities. Students work in teams to foster collaboration and ensure continuity in representation. The Clinic social worker and social work students are involved in many of the cases and activities. All students are encouraged to work creatively, and across disciplines. Participation includes a weekly hour meeting. Students wishing to enroll are encouraged to take Evidence in their second year. Other recommended courses: Criminal Procedure, Juvenile Justice, and Intensive Trial Practice Workshop or Trial Advocacy. Students may continue in the clinic throughout their 2 and 3L years: academic credit varies and will be awarded according to the Law School's general criteria for clinical courses and by the approval of the clinical staff.
Autumn 2012
Herschella G. Conyers, Randolph N. Stone
-
Criminal and Juvenile Justice Project Clinic
LAWS 67213
- 01
(1)
+, a, s, x
The Juvenile and Criminal Justice Clinic provides legal representation to poor children and young adults accused of delinquency and crime. The Clinic is a national leader in expanding the concept of legal representation to include the social, psychological and educational needs of clients. Students will learn strategy, pre-trial, and trial skills while applying legal theory. Students will examine the juvenile and criminal justice systems relationship to the poor and marginalized through litigation, legislative advocacy, and public education, including the development of policies for crime and violence prevention and system reform. Students will draft motions, briefs, memoranda, and pleadings in state, appellate and federal courts as required. They will interview clients and witnesses; inspect crime scenes; conduct fact investigations; and develop effective pre- and post-trial strategies, including alternatives to incarceration. Licensed students will appear in court, argue contested motions, negotiate with opposing counsel, and generally second-chair trials. Licensed students may also present oral argument before appellate courts. All students will participate in community, professional and bar association activities. Students work in teams to foster collaboration and ensure continuity in representation. The Clinic social worker and social work students are involved in many of the cases and activities. All students are encouraged to work creatively, and across disciplines. Participation includes a weekly hour meeting. Students wishing to enroll are encouraged to take Evidence in their second year. Other recommended courses: Criminal Procedure, Juvenile Justice, and Intensive Trial Practice Workshop or Trial Advocacy. Students may continue in the clinic throughout their 2 and 3L years: academic credit varies and will be awarded according to the Law School's general criteria for clinical courses and by the approval of the clinical staff.
Winter 2013
Herschella G. Conyers, Randolph N. Stone
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Criminal Law
LAWS 30311
- 01
(3)
1L, a
This course, offered over two sequential quarters, addresses the doctrines of criminal liability and the moral and social problems of crime. The definitions of crimes and defenses are considered in light of the purposes of punishment and the role of the criminal justice system, including police and correctional agencies.
Autumn 2012
Bernard E. Harcourt
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Criminal Law
LAWS 30311
- 01
(3)
1L, a
This course, offered over two sequential quarters, addresses the doctrines of criminal liability and the moral and social problems of crime. The definitions of crimes and defenses are considered in light of the purposes of punishment and the role of the criminal justice system, including police and correctional agencies.
The student's grade is based on a single final examination.
Winter 2013
Richard H. McAdams
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Criminal Law
LAWS 30311
- 02
(3)
1L, a
This course, offered over two sequential quarters, addresses the doctrines of criminal liability and the moral and social problems of crime. The definitions of crimes and defenses are considered in light of the purposes of punishment and the role of the criminal justice system, including police and correctional agencies.
The student's grade is based on class participation and a single final examination.
Autumn 2012
Jonathan Masur
-
Criminal Law
LAWS 30311
- 02
(3)
1L, a
This course, offered over two sequential quarters, addresses the doctrines of criminal liability and the moral and social problems of crime. The definitions of crimes and defenses are considered in light of the purposes of punishment and the role of the criminal justice system, including police and correctional agencies.
The student's grade is based on class participation and a single final examination.
Winter 2013
Thomas J. Miles
-
Criminal Procedure I: The Investigative Process
LAWS 47201
- 01
(3)
The course focuses on the constitutional law that governs searches, seizures, and confessions. The course considers in detail the evolution of the exclusionary rule and the development and administration of the probable cause and warrant requirements. It also examines stop and frisk, administrative searches, searches incident to arrest, vehicle searches, consent searches, and the admissibility of confessions.
The student's grade is based on a final examination.
Spring 2013
Richard H. McAdams
-
Criminal Procedure I: The Investigative Process
LAWS 47201
- 02
(3)
The course focuses on the constitutional law that governs searches, seizures, and confessions. The course considers in detail the evolution of the exclusionary rule and the development and administration of the probable cause and warrant requirements. It also examines stop and frisk, administrative searches, searches incident to arrest, vehicle searches, consent searches, and the admissibility of confessions.
The student's grade is based on class participation a final in-class examination.
Spring 2013
Richard A. Epstein
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Cross-Border Lending
LAWS 71406
- 01
(3)
x
The worlds of corporate finance and secured transactions law reform interact to make cross-border lending a rapidly evolving area of law. Due to the unprecedented globalization of U.S. business, U.S. banks and other financial institutions are increasingly being asked to finance the international business activities of U.S. companies, often in countries having laws that are incompatible with U.S.-style corporate lending practices. At the same time, the United Nations Commission on International Trade Law (UNCITRAL), the World Bank and other international organizations are actively encouraging developing countries, where access to capital is scarce, to modernize their secured transactions laws to promote the availability of low-cost secured credit for small and medium-sized enterprises as a way of creating jobs, raising standards of living and contributing to a country's overall economic and political stability. This course explores both worlds. Students will examine the broad array of legal and practical issues encountered by U.S. lenders (many of them new to cross-border lending) as they seek to make loans to foreign companies, obtain security interests in foreign collateral and finance foreign corporate acquisitions, and learn a conceptual framework for evaluating and structuring potential cross-border loans from the perspective of a U.S. lender. We will also study recent initiatives in secured transactions law reform (with particular emphasis on the UNCITRAL Legislative Guide on Secured Transactions (2007)), and consider how they are exerting a profound influence on cross-border corporate finance in developed countries as well. The course is taught by a lawyer who specializes in representing banks in cross-border lending transactions and who also participated actively in the development of the UNCITRAL Legislative Guide on Secured Transactions and other UNCITRAL projects.
Because cross-border lending touches upon many areas of law, it provides a useful introduction to international commercial transactions in general. There are no prerequisites. Grades will be based on class participation and a take-home exam.
Winter 2013
Richard Kohn
-
Current Controversies in Corporate and Securities Law
LAWS 52202
- 01
(3)
m, w, x
This seminar deals with the most important developments in U.S. (and to some extent global) corporate and securities practice during the preceding year. The seminar and discussions provide analysis of the legal, political, and economic implications of these Developments.
Each student submits one paper and gives an oral presentation and analysis of another student's paper.
Winter 2013
Richard Shepro
-
Delegation and Its Limits
LAWS 75103
- 01
(2)
m, x
Decision-making is central to the human experience, but so is delegation of decision-making authority. We all delegate some decisions to others, perhaps because we lack time, expertise, or decisional capacity. But are there some decisions that we should not be allowed to delegate at all? This seminar examines delegation from an interdisciplinary perspective and seeks to map out its conceptual limits. We will first explore theories of autonomy, delegation, and personhood as a jumping-off point to understanding specific substantive areas in which the law structures delegation regimes. We will consider the delegation of various types of decisions, possibly to include: financial decisions, health care/medical decisions, marriage/divorce decisions, sexual decisions, and voting decisions.
Spring 2013
Alexander Boni-Saenz
-
Developing Law Practice Skills through the Study of National Security Issues
LAWS 70703
- 01
(3)
+, m, s, x
My purpose is to help students improve the skills required for successful law practice (regardless of setting) through the analysis and oral and written presentation of current national security issues (such as indefinite incarceration, rendition, assassination, Presidential power, electronic surveillance, and cyberwarfare).
Students will form teams of 2-4 persons.
Each team will present a topic to the class, which will be expected to participate on an informed basis.
Students will also write a short research paper.
Prerequisite: Constitutional Law or equivalent.
Spring 2013
Robert A. Helman
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Developments in Fourth and Fifth Amendment Jurisprudence: Effects of Emerging Technologies
LAWS 68303
- 01
(2)
m, x
This seminar focuses on the evolution of Fourth and Fifth Amendment jurisprudence in response to a world of rapidly changing technologies. Topics covered include changes in expectations of privacy that accompany changes in technology, monitoring email, computer surveillance, GPS tracking, collection of historical and prospective cell-site location information and real-time cell phone tracking, the act-of-production doctrine and compelled production of computer passwords, and “routine” collection of DNA from arrestees. The seminar also considers related policy considerations and how these considerations are addressed in enacted and proposed legislation.
The student’s grade is based on a final examination and class participation.
Winter 2013
Michael Sher
-
Divorce Practice and Procedure
LAWS 93202
- 01
(3)
+, s, u, w, x
This class provides an exposure to the dynamic process of representing clients in a dissolution of marriage case. The class will familiarize you with the complexities that arise when a family is divided and wife and the parties are dissolving their marriage. Topics are covered in the sequence of an evolving case from the perspective of a practicing lawyer and include: determination of jurisdiction; interstate and international parental kidnapping; domestic violence and property injunctions; temporary and permanent child custody and visitation; temporary and permanent maintenance for spouse and support for children; awards of attorneys fees and costs; exploration of property rights and factors for determining a division; the valuation issues when dividing certain types of property; pre- and post-marital agreements; pretrial discovery; common evidentiary issues; federal tax aspects of marital dissolution and effects of bankruptcy.
Forty percent of the student's grade is based on class participation, and sixty percent on the drafting of legal memoranda.
Writing for this class may be used as partial fulfillment of the JD writing requirement (WP).
Completion of a basic Family Law class is recommended but not required.
Autumn 2012
Donald Schiller, Erika N. Chen-Walsh
