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Courses: Spring 2015 Expand

    • 21601-01
    • Administrative Law
    • Parrillo
    • Tue 2:05 PM-4:00 PM
      Thu 2:05 PM-4:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Administrative Law (21601). 4 units. There are vast areas of life in which much (often most) lawmaking and legal interpretation fall to administrative agencies, rather than to legislators and judges. Examples include the functioning of markets in securities, telecommunications, and energy; the safety of food, drugs, cars, airplanes, and workplaces; the regulation of pollution, public land use, advertising, immigration, election campaigns, and union organizing; and the distribution of all kinds of social welfare benefits. This course will introduce the legal and practical foundations of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints on agency rulemaking and adjudication, judicial review of agency actions, and the relationship of agencies to Congress and the President. Self-scheduled examination. N. Parrillo.

    Note: The self-scheduled examination for this course must be taken on a self-scheduled basis between Monday, May 4 and Monday, May 11. All exams must be completed and submitted by noon on Monday, May 11.

    Location: SLB - 127 (Tue)
    SLB - 127 (Thu)
    Grade mode: graded
    CRN: 20420
    Exam: 5/04/2015 - 5/11/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)
    Notes: The exam must be completed and uploaded by noon on May 11th.

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    • 21513-01
    • Advanced Advocacy for Children and Youth
    • Peters
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Advocacy for Children and Youth (21513). 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Advocacy for Children and Youth. Permission of the instructor required. J.K. Peters.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.
    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance, Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20423

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    • 21190-01
    • *Advanced Civil Procedure and Legal Ethics: Complex Civil Litigation
    • Elliott
    • Fri 10:10 AM-1:00 PM
    • 3
    • Professional Responsibility
    • open enrollment
    • exam required
    Expand

    *Advanced Civil Procedure and Legal Ethics: Complex Civil Litigation (21190). 3 units. This is a casebook course in advanced federal civil procedure. We will consider pleading, intervention, joinder, class actions and the Class Action Fairness Act, discovery, multi-district litigation, minimal diversity, abstention, coordinating jurisdiction between state and federal courts and related topics in complex federal civil litigation. Particular emphasis is given to case management and reform of discovery, settlement, mass tort litigation, and issues of legal ethics arising in complex civil litigation. Recommended for second term students who wish to continue their study of procedure from the first term and for sixth term students who wish a refresher in civil procedure before entering practice or clerking. Self-scheduled examination. E.D. Elliott.

    Note: No more than three absences permitted.

    Location: SLB - 108 (Fri)
    Grade mode: graded
    CRN: 20373
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

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    • 21685-01
    • Advanced Criminal Justice Clinic
    • Doherty
      Quattlebaum
      Ullmann
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Criminal Justice Clinic (21685). 1 to 3 units, credit/fail with a graded option. Open only to students who have completed the Criminal Justice Clinic. Permission of the instructors required. F. Doherty, S.O. Bruce III, and T. Ullmann.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20372

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    • 21337-01
    • Advanced Landlord/Tenant Legal Services
    • Pottenger
      Dineen
    • Thu 12:40 PM-2:00 PM
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Landlord/Tenant Legal Services (21337). 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed the Landlord/Tenant Legal Services clinic in a previous term. Permission of the instructors required. F.X. Dineen and J.L. Pottenger, Jr.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 108 (Thu)
    Grade mode: graded or credit/fail
    CRN: 20430

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    • 21543-01
    • †Advanced Supreme Court Advocacy
    • Greenhouse
      Balkin
    • 2
    • -
    • experiential
    • not applicable
    Expand

    †Advanced Supreme Court Advocacy (21543). 4 units (2 fall, 2 spring). Open only to students who have completed Supreme Court Advocacy. Permission of the instructors required. L. Greenhouse, A. Pincus, C. Rothfeld, and J.M. Balkin.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Grade mode: graded
    CRN: 20390

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    • 21259-01
    • Advanced Topics in Election Law
    • Gerken
    • Mon 2:10 PM-4:00 PM
    • 2
    • -
    • limited enrollment (13)
    • not applicable
    Expand

    Advanced Topics in Election Law (21259). 2 units. This class will be devoted to canvassing the major theoretical debates in the field of election law. Class readings will be drawn primarily from the works of legal scholars, political scientists, and political theorists. Several election law scholars will also present works-in-progress during the semester. The class should be of interest to anyone interested in developing expertise in the field or becoming an academic with an election law specialty. In lieu of an exam, students will be required to write a series of short reflection papers as well as a final thought piece. A course in the law of democracy is helpful but not required. Students who have not taken a course on the law of the political process will be expected to familiarize themselves with supplemental reference materials when necessary. Enrollment limited to fifteen. H. Gerken.

    Location: SLB - 110 (Mon)
    Grade mode: graded
    CRN: 20385

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    • 21693-01
    • Advanced Transnational Development Clinic
    • Ahmad
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Transnational Development Clinic (21693). 1 to 3 units, credit/fail with a graded option. Open only to students who have completed the Transnational Development Clinic. Permission of instructors required. M. I. Ahmad.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork-only returning student, continuing student, or otherwise:Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20355

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    • 21558-01
    • Advanced Education Adequacy Project
    • Rosen
      Knopp
      Smith
      Cantwell
      Bannigan
    • 1 to 3
    • -
    • experiential
    • not applicable
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    Advanced Education Adequacy Project (21558). 1 to 3 units. Permission of the instructors required. D. Rosen, M. Bannigan, H. Cantwell, A. Knopp, and H. Smith.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 21501

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    • 21511-01
    • Advanced Community and Economic Development Clinic
    • Lemar
      Muckenfuss
      Viswanathan
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Community and Economic Development Clinic (21511). 1 to 3 units, credit/fail with a graded option. Open only to students who have completed the Community and Economic Development Clinic. Permission of the instructors required. A. Singh Lemar, C.F. Muckenfuss III, and M. Viswanathan.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20472

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    • 21752-01
    • Advanced Educational Opportunity and Juvenile Justice Clinic
    • Shaffer
      Gohara
    • 1 to 4
    • -
    • experiential
    • not applicable
    Expand

    Advanced Educational Opportunity and Juvenile Justice Clinic (21752). 1 to 4 units, graded or credit/fail, at student option. Open only to students who have completed the Educational Opportunity and Juvenile Justice Clinic. Permission of the instructors required. M.Gohara and E. Shaffer.

    Note: Students may not be enrolled in an LSO clinic and either of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Prosecution Externship; or SFALP (New Haven Corp Counsel section only).

    Grade mode: graded or credit/fail
    CRN: 24485

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    • 21686-01
    • Advanced Ethics Bureau
    • Fox
    • Mon 4:10 PM-6:00 PM
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Ethics Bureau (21686). 1 to 3 units, credit/fail with a graded option. This course is for students who have already taken either the Ethics Bureau at Yale clinic or the instructor’s course, Traversing the Legal Minefield, and who wish to earn 1 to 3 units by contributing further to the work of the Bureau. †Students may satisfy the professional skills requirement through this course only if they receive 2 or more units. Enrollment limited to eight. Permission of the instructor required. L. Fox.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Location: SLB - 112 (Mon)
    Grade mode: graded or credit/fail
    CRN: 20383

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    • 21624-01
    • Advanced Iraqi Refugee Assistance Project
    • Heller
      Reisner
    • 2 or 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Iraqi Refugee Assistance Project (21624). 2 or 3 units. A fieldwork-only option. Prerequisite: Iraqi Refugee Assistance Project. Permission of the instructor required. R. Heller and K.A. Reisner.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Grade mode: graded
    CRN: 20398

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    • 21166-01
    • † Advanced Legal Assistance
    • Dineen
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    † Advanced Legal Assistance (21166). 2 units. Open only to students who have completed the Legal Assistance clinic. Permission of the instructor required. F.X. Dineen.br>

    Grade mode: graded
    CRN: 24526

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    • 21027-01
    • †Advanced Legal Research: Methods and Sources
    • Harrison
      Eiseman
      Nann
      Krishnaswami
      VanderHeijden
    • Tue 8:35 AM-10:00 AM
      Thu 8:35 AM-10:00 AM
    • 2 or 3
    • Professional Skills
    • open enrollment
    • not applicable
    Expand

    †Advanced Legal Research: Methods and Sources (21027). 2 or 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: secondqry legal authority, case law, statutory authority, legislative history, court rules and practice materials, and administrative law. The course will also cover the legal research process, and tracking research as well as other strategies for efficient and effective legal research. Class sessions will integrate the use of online, print, and other research sources. Laptop computer recommended. Students are required to complete a series of assignments, in addition to the other course requirements. R.D. Harrison, J. G. Krishnaswami, J.B. Nann, J. Eiseman, and M. VanderHeijden.

    Location: SLB - 120 (Tue)
    SLB - 120 (Thu)
    Grade mode: graded
    CRN: 20407

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    • 21343-01
    • †Advanced Legal Writing
    • Harrison
    • Tue 12:35 PM-2:00 PM
      Thu 12:35 PM-2:00 PM
    • 3
    • Professional Skills
    • limited enrollment (40)
    • not applicable
    Expand

    †Advanced Legal Writing (21343). 3 units. This course will provide practice in drafting legal memoranda and briefs. Students will have the opportunity to refine their analytical legal research skills, as well as their writing skills. Students' written work will be reviewed and critiqued primarily by teaching assistants, who will be supervised by the instructor. The instructor will retain sole responsibility for determining each student's grade.The goal of the course will be to take students beyond basic competence to excellence in legal writing. Enrollment limited to forty. R.D. Harrison.

    Location: SLB - 122 (Tue)
    SLB - 122 (Thu)
    Grade mode: graded
    CRN: 20394

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    • 21598-01
    • Advanced San Francisco Affirmative Litigation Project
    • Gerken
      Dawson
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced SFALP (21598). 1 to 3 units, credit/fail, with a graded option. Open only to those students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructors required. H. Gerken and J. Dawson.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Grade mode: graded or credit/fail
    CRN: 20387

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    • 21019-01
    • Advanced Topics in Property
    • Priest
    • Wed 1:10 PM-3:00 PM
    • 3
    • -
    • limited enrollment (15)
    • paper required
    Expand

    Advanced Topics in Property (21019). 3 units. This class will examine selected topics in the field of property. Examples of topics to be covered are the issue of the public/private divide examined through the lens of public trust doctrine, property and economic development in American history; and constitutional dimensions of property law, including the doctrine of unconstitutional conditions. The class will be oriented toward supporting students in developing independent research in the field. The final two class sessions will be devoted to providing feedback on student paper projects. Prerequisite: Property. Paper required. Enrollment limited to sixteen. C. Priest and M.E. Brady.

    Location: SLB - 110 (Wed)
    Grade mode: graded
    CRN: 20431

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    • 21549-01
    • Advanced Civil Liberties and National Security after September 11
    • Wishnie
    • Mon 12:10 PM-1:00 PM
    • 2
    • -
    • experiential
    • not applicable
    Expand

    Advanced Civil Liberties and National Security after September 11 (21549). 2 units, credit/fail. This clinic focuses on civil liberties and human rights cases arising out of U.S. government counterterrorism policies, such as the detention of terrorism suspects in the U.S., Guantanamo and Bagram, the misuse of law enforcement techniques such as the immigration and material witness detention powers, and accountability of government officials for the unlawful detention and interrogation of terrorism suspects. Students engage in all aspects of the clinic's demanding impact litigation docket, whether through direct representation, amicus curiae briefs, or policy advocacy. This course is open only to students who completed the Civil Liberties and National Security after 9/11 seminar and beginning clinic. The class will have periodic group classes in addition to weekly supervision sessions. Permission of the instructor required. M.J. Wishnie.


    Grade mode: graded
    CRN: 25940

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    • 21770-01
    • Advanced Global Health Justice Practicum
    • Kapczynski
      Miller
      Gonsalves
    • 2
    • -
    • experiential
    • not applicable
    Expand

    Advanced Global Health Justice Practicum (21770). 2 units. Open only to students who have completed the basic Global Health Justice Practicum. Permission of the instructors required. A. Kapczynski, G. Gonsalves, A. Miller.

    Grade mode: graded
    CRN: 24048

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    • 21168-01
    • Advanced Immigration Legal Services
    • Peters
      Lucht
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Immigration Legal Services (21168). 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Immigration Legal Services. Permission of an instructor required. C.L. Lucht and J.K. Peters.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance, Prosecution Externship.

    Note: Due to our immediate commitments to our clients, Professor Peters will finalize the roster by email before the first class, after which the clinic cannot be dropped.

    Grade mode: graded or credit/fail
    CRN: 20425

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    • 21764-01
    • †Advanced Issues in Capital Markets: Role of Counsel for Issuers&Underwriters in Initial PublicOffer
    • Brod
      Fleisher
    • Thu 4:10 PM-6:00 PM
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Advanced Issues in Capital Markets: Role of Counsel for Issuers and Underwriters in an Initial Public Offering (21764). 2 units, credit/fail. This advanced securities law seminar will provide insights into the lawyer’s participation in the capital markets practice. The organizing principle will be the role of counsel for issuers and underwriters in the execution of an initial public offering (“IPO”) registered with the U.S. Securities and Exchange Commission (“SEC”) pursuant to the Securities Act of 1933 (“Securities Act”), which will drive consideration of a wide range of legal and practical issues.

    The sessions will be oriented around the key steps required at each stage of the IPO process. Students will read primarily transaction documents (e.g., registration statements; underwriting agreements; legal opinions; etc.) drawn from actual IPOs, supplemented by slide decks and memoranda prepared by the instructors, as well as SEC materials, accounting literature, and treatise excerpts. In addition, students will engage in drafting exercises, presentations and mock negotiations. The course will also focus on certain key transaction management skills, including in respect of “situational judgment.” Guest speakers from the investment banking and corporate communities will be invited for special sessions to present their perspectives on the IPO process. Enrollment limited to sixteen to twenty. Permission of the instructors required. C. B. Brod and A.E. Fleisher.

    Course Selection: In addition to listing this course among experiential permission selections, students should submit a brief personal statement with respect to their interests in the class and prior relevant courses taken by December 10 at 4:30 p.m.

    Note: Attendance at the first class meeting is mandatory. Students will be able to drop the course in accordance with standard YLS policies.

    Location: SLB - 111 (Thu)
    Grade mode: credit/fail
    CRN: 20475

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    • 21553-01
    • Advanced Legal Services for Immigrant Communities
    • Lucht
      Wizner
    • 1 to 3
    • -
    • experiential
    • not applicable
    Expand

    Advanced Legal Services for Immigrant Communities (21553). 1 to 3 units, credit/fail. Only open to students who have taken Legal Services for Immigrant Communities. Permission of the instructors required. C.L. Lucht and S. Wizner.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20413

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    • 21584-01
    • †Advanced Lowenstein International Human Rights Clinic
    • Silk
      Metcalf
      Kwon
    • Fri 10:10 AM-12:00 PM
    • 3 or 4
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Advanced Lowenstein International Human Rights Clinic (21584). 3 or 4 units. Open only to students who have completed the Lowenstein International Human Rights Clinic. Permission of the instructor required. J.J. Silk, S. Kwon, and H.R. Metcalf.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Location: SLB - 110 (Fri)
    Grade mode: graded
    CRN: 20445

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    • 21387-01
    • *†Advocacy for Children and Youth
    • Peters
    • Tue 12:10 PM-2:00 PM
    • 3
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Advocacy for Children and Youth (21387). 3 units, credit/fail. Students in this clinical seminar will represent children and youth in abuse, neglect, uncared for, potentially termination of parental rights cases in the Superior Court for Juvenile Matters and certain related matters. Class sessions will focus on substantive law, ethical issues arising from the representation of children and youth in the relevant contexts, interviewing and lawyering competencies, case discussions, and background materials relating to state intervention in the family. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Casework will require, on average, ten to twelve hours weekly, but time demands will fluctuate over the course of the term; class time will be concentrated in the first half of the term. Enrollment limited to four. J.K. Peters.

    Course Bidding: In addition to listing this clinic among experiential course selections, interested students must submit a signed statement of understanding the commitment to continued case work until graduation to the online system or on paper to the Registrar's Office, by the close of early registration on December 10, 2014, at 4:30 p.m.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance, Prosecution Externship.

    Note: Due to our immediate commitments to our clients, Professor Peters will finalize the roster by email before the first class, after which the clinic cannot be dropped. Because classes prepare students for client work, attendance at all classes is mandatory.

    Location: SLB - 111 (Tue)
    Grade mode: credit/fail
    CRN: 20422

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    • 21766-01
    • †Advocacy in International Arbitration
    • Buckley
      Mahoney
    • Fri 10:10 AM-12:00 PM
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Advocacy in International Arbitration (21766). 2 units. International arbitration is a growing field and increasingly is the mechanism by which the largest international commercial disputes are resolved. This course will have two primary aims: (1) to expose students to this area of legal practice; and (2) to provide them with the skills they need to represent clients effectively in international commercial arbitrations. The backbone of the course will be a mock arbitration, based on the facts of cases the instructors have litigated. The class will be divided into two teams, Claimant’s counsel and Respondent’s counsel, and over the course of the semester, the students will litigate the matter, stage by stage. Each team will be assigned “coaches” to assist them outside of class hours with their assignments. The course will culminate in an evidentiary hearing during which students will present argument and examine witnesses. At each stage of the process, instructors will provide feedback and insights based on their experience dealing with the very same factual scenarios the students will encounter during the mock exercises. In addition to the in-class exercises, there will be a series of short lectures and discussions about key strategic and procedural issues in international commercial arbitration. There will be no paper or final exam, but students will be required to complete a series of written exercises and participate in oral arguments. Enrollment limited to ten. Permission of the instructors required. J. J. Buckley, Jr., and C.J. Mahoney.

    Course Selection Information: In addition to listing this course among experiential course selections, students should submit a short statement of interest by the close of the early registration period on December 10, 2014, at 4:30 p.m.

    Location: SLB - 111 (Fri)
    Grade mode: graded
    CRN: 20491

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    • 21631-01
    • †Advanced Veterans Legal Services Fieldwork
    • Wishnie
      Middleton
      Li
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Advanced Veterans Legal Services fieldwork (21631). 2 units, graded or credit/fail at student option. Only open to students who have completed the Veterans Legal Services Clinic. Permission of the instructor required. M. Wishnie, B. Li, M. Middleton, and J.M. Schultz.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20465

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    • 21771-01
    • Advanced Veterans Legal Services Seminar
    • Wishnie
      Middleton
      Li
    • Mon 1:10 PM-2:00 PM
    • 1
    • -
    • experiential
    • not applicable
    Expand

    Advanced Veterans Legal Services Seminar (21771). 1 unit, credit/fail or graded, at the student's option. Open only to students who have completed the Veterans Legal Services Clinic and Fieldwork. Permission of the instructors required. M.J. Wishnie, B. Li, and M. Middleton.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 110 (Mon)
    Grade mode: graded or credit/fail
    CRN: 24405

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    • 21555-01
    • Advanced Worker and Immigrant Rights Advocacy Clinic
    • Wishnie
      Hallett
      Ahmad
    • 1 to 4
    • -
    • experiential
    • not applicable
    Expand

    Advanced Worker and Immigrant Rights Advocacy Clinic (21555). 1 to 4 units, graded or credit/fail at student option. Only open to students who have completed the Worker and Immigrant Rights Advocacy clinic. Permission of the instructor required. M. Ahmad, N. Hallett, and M.J. Wishnie.

    Course Bidding: Continuing students should list this course as the lowest bid among experiential course selections.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20462

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    • 21697-01
    • Anatomy of a Merger
    • Nathan
    • Wed 3:10 PM-5:30 PM
    • 3
    • -
    • faculty permission
    • exam required
    Expand

    Anatomy of a Merger (21697). 3 units. The goal of this seminar will be to explore the intimate inter-relationship of M&A transaction tactics and strategy and Delaware corporate law principles of directors' fiduciary duties of loyalty and due care, as explicated by the Delaware courts over the past thirty years. The seminar will use a hypothetical M&A transaction and readings in selected Delaware case law and commentary to illustrate how evolving legal principles shape M&A transaction structures and why detailed knowledge and understanding of Delaware legal principles are essential to M&A legal practice. Prerequisite: Business Organizations. Enrollment limited to fifteen. Permission of the instructor required. Self-scheduled examination. C. Nathan.

    Note: The class meeting time has been adjusted to accommodate Professor Nathan's travel schedule. One additional class will be arranged, but Professor Nathan will discuss the options for this make-up class once the class roster is final.

    Course Selection Information: In addition to listing this course among permission-of-instructor selections, students should submit a CV by December 10 at 4:30 p.m. Listing this course among permission-of-instructor selections constitutes authorization for the Registrar's Office to release an unofficial copy of the student's Law transcript to the instructor.

    Location: SLB - 112 (Wed)
    Grade mode: graded
    CRN: 20419
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 8 hour(s)

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    • 21765-01
    • †Arbitration and Mediation Skills
    • Hodgson
    • Mon 6:10 PM-8:00 PM
      Mon 6:10 PM-8:00 PM
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Arbitration and Mediation Skills (21765). 2 units, credit/fail. Ninety-eight percent of disputes that start in court are resolved by various forms of alternative dispute resolution. The course, taught by a seasoned mediator and arbitrator, will provide practical experiential training in skills and theory central to these forms of legal practice. The course will be taught in small groups with weekly performance requirements. The course will include many of the features of the Trial Practice course, but with an emphasis on the skills needed for arbitration rather than courtroom procedure. Short briefs required. Enrollment limited to twelve. Permission of the instructor required. B. Hodgson.

    Note: Attendance on the first day is required. Any waitlisted students or other students who are interested in the course should also attend the first class meeting, as historically places have opened in this course. No drop forms will be signed after the first class meeting.

    Note: Students who would like additional information about the course before completing Spring 2015 course selections in December should contact Professor Hodgson at bjhodgson@snet.net.

    Location: SLB - 109 (Mon)
    SLB - 109 (Mon)
    Grade mode: credit/fail
    CRN: 20484

    Close
    • 21737-01
    • Artificial Intelligence, Robotics, and the Law
    • Balkin
    • Mon 4:10 PM-6:00 PM
    • 2
    • -
    • faculty permission
    • paper required
    Expand

    Artificial Intelligence, Robotics, and the Law (21737). 2 units. This research seminar will study the emerging legal and social issues of robotics and artificial agents. Topics will include robot-human interactions, cyborg technologies, civilian and military drones, self-driving automobiles, and computer-generated speech and production. Students will be required to develop and present their own works-in-progress. Paper required. Enrollment limited to ten. Permission of the instructor required. J.M. Balkin .

    Course Selection: In addition to listing this course among permission-of-the-instructor selections, students should also submit a statement of interest by 4:30 p.m. on December 10.

    Location: ASH40 - A420 (Mon)
    Grade mode: graded
    CRN: 20469

    Close
    • 21544-01
    • Banking and Financial Regulation
    • Fein
    • Fri 10:10 AM-12:00 PM
    • 2
    • -
    • open enrollment
    • exam with paper option
    Expand

    Banking and Financial Regulation (21544). 2 units. The regulation of banks and other financial institutions has changed dramatically in recent years in response to rapid evolution in the financial services industry both before and as a result of the 2008-2009 financial crisis. This course examines the current industry structure and governing regulatory framework, particularly in light of the historic Dodd-Frank Consumer Protection and Wall Street Reform Act, which is still in the process of being implemented. It considers the financial crisis, regulatory aftermath, and future directions in financial policy and regulation. The course focuses primarily on the regulation of banks and bank holding companies but also covers other financial institutions such as nonbank financial holding companies, securities broker-dealers, mutual funds, and insurance companies. The role of the new Financial Stability Oversight Council in regulating financial stability and systemic risk will be highlighted, along with the newly created Consumer Financial Protection Bureau. Among the topics covered are limits on entry into the business of banking; regulation of deposit taking and lending; securitization of assets, restrictions on nonbanking activities and investments, insurance and securities powers of banks and their affiliates; Volcker Rule limits on proprietary trading and hedge fund activities; consumer protection and community reinvestment; capital and liquidity requirements; examination and enforcement; the separation of banking and commerce; conflicts of interest and fiduciary duties; restrictions on transactions between banks and their affiliates; bank failure and resolution; foreign banks operating in the United States; and swaps and other derivatives activities. The concepts of “functional regulation,” “systemic risk regulation,” and “shadow banking” will be discussed. Scheduled examination or paper option. M.L. Fein.

    Location: SLB - 128 (Fri)
    Grade mode: graded
    CRN: 20378
    Exam: 5/08/2015 at 2:00 PM SLB: 129
    Questions available online
    Name or Id: Id
    Length: 2 hour(s)

    Close
    • 21204-01
    • Bankruptcy
    • Janger
    • Mon 4:10 PM-5:35 PM
      Wed 4:10 PM-5:35 PM
    • 3
    • -
    • open enrollment
    • exam required
    Expand

    Bankruptcy (21204). 3 units. An introduction to the law of bankruptcy. It explores the relief available to individual and business debtors in financial distress as well as the remedies available to creditors. The focus will be on the federal Bankruptcy Code and state laws governing the enforcement of judgments. Among the topics covered: who is eligible for bankruptcy relief; the nature and scope of the bankruptcy discharge; what property may be claimed as exempt; priorities among creditors; interplay of bankruptcy and non-bankruptcy laws; the role and powers of bankruptcy judges and bankruptcy trustees, negotiating and confirming a plan of reorganization. Enrollment capped at forty. Self-scheduled examination (web). E. Janger.

    Location: SLB - 121 (Mon)
    SLB - 121 (Wed)
    Grade mode: graded
    CRN: 20399
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 3.5 hour(s)

    Close
    • 21761-01
    • Bureaucracy
    • Parrillo
    • Fri 2:10 PM-4:00 PM
    • 2
    • -
    • faculty permission
    • not applicable
    Expand

    Bureaucracy (21761). 2 units. One of the primary tasks of modern American lawyers is to influence the exercise of bureaucratic power. Further, lawyers in America are often called upon to serve in, or to help design, bureaucratic agencies. The agenda for this seminar is to discuss leading works on government administration -- some classic and some cutting-edge -- from political science, sociology, law, and other disciplines. The kinds of questions we will ask include: Why do some bureaucracies inspire respect and admiration, while others inspire disdain, hatred, and resistance? Why are bureaucrats highly responsive to some stakeholders and callously indifferent to others? What kinds of people self-select into government jobs -- and what kinds of opportunities, dangers, and biases result from that self-selection? What are the most effective strategies for getting the attention of a bureaucracy -- and getting it to change its ways? Should bureaucrats be understood as the servants and agents of politicians, or as politicians in their own right? Does bureaucratic organization embody the rule of law, or threaten it? Do lawsuits against a bureaucracy have any effect on its behavior -- and if so, do they make things better or worse? The tentative list of authors includes Max Weber, James Q. Wilson, Terry Moe, Jerry Mashaw, Edward Rubin, John D. Donahue, Michael Lipsky, Daniel Carpenter, Robert Kagan, R. Shep Melnick, and David E. Lewis. Students are required to participate actively in each week’s discussion. Grades will be based solely on class participation. Enrollment limited to eight. Permission of the instructor required. N. Parrillo.

    Course Bidding Information: In addition to listing this course among permission-of-instructor selections, students should submit a brief statement of why they wish to take the course (no more than 400 words) by 4:30 p.m. on December 10.

    Location: SLB - 109 (Fri)
    Grade mode: graded
    CRN: 20421

    Close
    • 21418-01
    • Business Organizations
    • Morley
    • Tue 10:10 AM-12:00 PM
      Thu 10:10 AM-12:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Business Organizations (21418). 4 units. This course will survey of the law of business organizations, with an emphasis on publicly traded corporations. Aspects of the law of agency and of partnership are considered to establish common law origins of corporate law. In turning to modern corporate law, the course will consider the powers and duties of boards of directors, officers, and controlling shareholders, and will also address topics such as the nature of equity securities, fundamental transactions such as mergers and acquisitions, proxy fights, and insider trading. Both federal and state law sources are drawn upon, with particular attention paid to Delaware corporate law. Self-scheduled examination. J.D. Morley.

    Location: SLB - 120 (Tue)
    SLB - 120 (Thu)
    Grade mode: graded
    CRN: 20417
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21274-01
    • Business Organizations
    • Romano
    • Mon 10:10 AM-12:00 PM
      Wed 10:10 AM-12:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Business Organizations (21274). 4 units. A survey of the law of business organizations, emphasizing the control, management, and financing of publicly owned corporations. The key problem for corporate law is one of agency relations -- how to align management's incentives with shareholders' interests. The course will accordingly examine how legal rules, markets, and institutional arrangements mitigate, or magnify, the agency problem. Scheduled examination. R. Romano.

    Location: SLB - 128 (Mon)
    SLB - 128 (Wed)
    Grade mode: graded
    CRN: 20438
    Exam: 5/05/2015 at 9:00 AM SLB: 127
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21082-01
    • †Capital Punishment Clinic
    • Bright
      Parrent
      Sanneh
    • Tue 12:10 PM-2:00 PM
    • 3
    • Professional Skills
    • experiential (6)
    • not applicable
    Expand

    †Capital Punishment Clinic (21082). 6 units (3 fall, 3 spring), credit/fail, with the option of graded credit. Students who have taken the clinic in the fall term will continue to work with attorneys in representing people facing the death penalty. Enrollment limited to six. Permission of the instructor required. S.B. Bright, A. Parrent, and Sia Sanneh.

    Course Bidding Information: Only students continuing from the fall term should list this clinic among their experiential course selections; list the course as the lowest bid among these selections. No new students will be admitted for the spring term.

    Location: SLB - 108 (Tue)
    Grade mode: graded or credit/fail
    CRN: 20359

    Close
    • 21426-01
    • Capital Punishment: Race, Poverty, and Disadvantage
    • Bright
    • Mon 10:10 AM-1:00 PM
      Wed 10:10 AM-12:00 PM
    • 4
    • -
    • faculty permission
    • paper required
    Expand

    Capital Punishment: Race, Poverty, and Disadvantage (21426). 4 units, graded, with a credit/fail option. This course will examine issues of poverty and race in the criminal justice system, particularly with regard to the imposition of the death penalty. Topics will include the right to counsel for people who cannot afford lawyers, racial discrimination, prosecutorial discretion, judicial independence, and mental health issues. Paper required. Permission of the instructor required. Enrollment limited to thirty-five. S.B. Bright.

    Course Bidding Information: Please describe briefly why you would like to take the course; what, if any experience or interest you may have with regard to capital punishment and criminal justice, past work experience of any kind (including summer work between years of law school); and what you expect or would like to do upon graduation. Be sure to include your name and year in law school. Send the statement by e-mail to stephen.bright@yale.edu. Students will be selected for the class upon review of their submissions. Statements must be submitted by December 10, 2014, 4:30 p.m.

    Location: SLB - 121 (Mon)
    SLB - 121 (Wed)
    Grade mode: graded or credit/fail
    CRN: 20360

    Close
    • 21200-01
    • Catastophe-Avoiding Regulation: Power, Offshore Production, Finance
    • Sabel
    • Thu 4:10 PM-6:00 PM
    • 2
    • -
    • limited enrollment
    • paper required
    Expand

    Catastrophe-Avoiding Regulation: Nuclear Power, Offshore Production, Finance (21200). 2 units. In the late twentieth century the focus of regulation was efficient harm reduction: the allocation of the burden of reducing the risk of known harms to those who could mitigate those risks at the lowest cost. Its characteristic intervention was the cap-and-trade regime. Increasingly the problem for regulation is not harm reduction but catastrophe avoidance. As supply chains lengthen and the pace of innovation (and with it the rate of introduction of incompletely tested products and production processes) increases, it has become clear that catastrophes can result from the unforeseeable concatenation of abnormal or out-of-control sequences of events, many themselves relatively innocuous. This class examines regulatory systems in domains such as nuclear power generation, offshore drilling in the North Sea, food safety in the United States, European Union, and globally and—incipiently—financial-market regulation that are successfully responding to this potential for catastrophe. Introductory readings explain why, under these circumstances, regulators do not attempt to write detailed rules whose application will ensure safe operation, and why it cannot be assumed that imposition of unlimited tort liability for damages will induce private actors to take requisite precautions. Case studies show how, instead, error detection and correction methods (similar to, and sometimes directly inspired by those developed in the Toyota production system) induce continuous, joint learning about potential hazards and effective responses to them that neither the regulator nor the regulated entities could have identified ex ante. These continuous-improvement systems mesh awkwardly with the notice-and-comment rulemaking at the heart of US administrative law; and the class explores reform possibilities, some already present as leitmotifs in administrative practice. A final unit considers the effect of applying catastrophe-avoiding regulation to global supply chains from the vantage point of developing countries. Paper required. Enrollment limited to fifteen. C. Sabel.

    Location: SLB - 112 (Thu)
    Grade mode: graded
    CRN: 20351

    Close
    • 21664-01
    • *Challenges of a General Counsel: Lawyer as Leader
    • Solender
    • Thu 6:10 PM-8:00 PM
    • 2
    • Professional Responsibility,

      New York Bar Professional Responsibility
    • faculty permission
    • exam required
    Expand

    *Challenges of a General Counsel: Lawyer as Leader (21664). 2 units. This course will explore the three fundamental roles of lawyers--acute technician, wise counselor and lawyer as leader---in a series of problems faced by general counsel of multi-national corporations. The "cases" in this course involve questions beyond "what is legal" and focus on "what is right", using specific illustrations drawn from the contemporary business world -- e.g., the BP oil spill, Google's clash with the Chinese government, the Mark Hurd resignation from Hewlett Packard, the Goldman Sachs mortgage case. These cases involve a broad range of considerations: ethics, reputation, risk management, public policy, politics, communications and corporate citizenship. The course will advance for critical analysis the idea of the general counsel as lawyer-statesman who has a central role in setting the direction of the corporation but who must navigate complex internal relationships (with business leaders, the board of directors, peer senior officers, the bureaucracy) and challenging external ones (with stakeholders, governments, NGOs and media in nations and regions across the globe). The course advances a broad view of lawyers' roles and examines the skills, beyond understanding law, required in complex problem-solving by the lawyer-statesman. Benjamin Heineman will be a guest lecturer in the course. Permission of the instructor required. Enrollment limited to twenty. Self-scheduled examination. M.S. Solender.

    Course Bidding: In addition to listing this course among their permission-of-the-instructor selections, interested students should submit a CV and a copy of their transcript by December 10, at 4:30 p.m. Submission of a short statement of interest is optional. Application to this course constitutes consent for the instructor to review your Law School transcript.

    Location: SLB - 124 (Thu)
    Grade mode: graded
    CRN: 20497
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21016-01
    • *†Community and Economic Development
    • Lemar
      Muckenfuss
      Viswanathan
    • Wed 9:10 AM-10:00 AM
      Mon 10:10 AM-12:00 PM
    • 4
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Community and Economic Development (21016). 4 units, credit/fail or graded at student option. CED explores the role of lawyers and the law in building wealth and opportunity in low-income communities. The clinic focuses on issues of neighborhood revitalization, social entrepreneurship, sustainable development and financial inclusion as they relate to community and economic development. Students in CED represent and partner with community organizations, nonprofits, community development financial institutions, neighborhood associations, and small foundations. These client organizations share an interest in promoting economic opportunity and socioeconomic mobility among low- and moderate-income people.

    Students will represent clients in a range of legal matters including formation and governance of for-profit, not-for-profit and hybrid entities, negotiating and drafting contracts, developing employment and other policies, structuring real estate transactions, resolving zoning and environmental issues, providing tax advice, drafting and advocating for legislation and appearing before administrative agencies. CED engages students in local work which can then be used to inform policy development at the local, state and federal levels. Students will gain skills in client contact, contract drafting, transactional lawyering, legal research and writing, regulatory and legislative advocacy, administrative agency contact and negotiation. The class seminar will meet once a week for two hours and once a week for one hour and will cover federal, state and local policies affecting urban and suburban places; substantive law in tax, real estate development, and corporate governance; and transactional and regulatory lawyering skills, such as negotiating and drafting contracts. Each student will meet with faculty once a week for fieldwork supervision. The clinic is open to students from the Schools of Law, Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Enrollment limited to eight. Permission of the instructors required. A. Singh Lemar, C.F. Muckenfuss III, and M. Viswanathan.

    Course Bidding: In addition to listing this course among experiential course selections, students should submit a short statement of interest by 4:30 p.m. on December 10.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 124 (Wed)
    ASH40 - A005 (Mon)
    Grade mode: graded
    CRN: 20474

    Close
    • 21520-01
    • Comparative Constitutional Law
    • Stone Sweet
      Sadurski
    • Mon 10:10 AM-12:00 PM
      Wed 10:10 AM-12:00 PM
    • 3
    • -
    • open enrollment
    • exam with paper option
    Expand

    Comparative Constitutional Law (21520). 3 units. This course will provide a survey of selected themes in comparative constitutional law, focusing on written constitutions, systems of rights protection, and the relationship between high courts and the greater political system. The approach will be interdisciplinary, blending constitutional theory and social science perspectives. The assumption will be that students have a basic knowledge of U.S. constitutional law, as well as an interest in law outside of the United States. Self-scheduled examination (web) or paper option. A. Stone Sweet and W. Sadurski.

    Location: SLB - 124 (Mon)
    SLB - 124 (Wed)
    Grade mode: graded
    CRN: 20459
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 48 hour(s)

    Close
    • 21055-01
    • †Complex Civil Litigation
    • Underhill
    • Thu 4:10 PM-6:00 PM
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Complex Civil Litigation (21055). 2 units. This course will focus principally on the issues that can impact the outcome of complex civil cases. Emphasis will be placed on effective practical legal writing, as well as on successful argument techniques and litigation strategies. To a large extent, students will learn by doing; each student will write two briefs and argue those two issues in class. Those briefs will be posted on YLS:Inside and will constitute a part of the weekly reading assignment for the course. Supplemental readings consisting of Supreme Court and Second Circuit decisions will also be assigned weekly.

    The class will be organized into four “law firms” of five students each. Ten of the class sessions will be designated as argument days. Each law firm must assign one student to write a memorandum of law in support of the position (motion or opposition) assigned to the firm and then to argue that position in class. Each student must handle two such assignments over the course of the semester. The briefs and arguments will be based on problems written for this class; there is no casebook for the course.

    The arguments and related discussions will address issues that impact complex civil cases, including: assembling the right parties (joinder, necessary parties), establishing personal jurisdiction through indirect contacts (internet, agency), forum selection (transfer, forum non conveniens), heightened pleading standards (Twombly, PSLRA), discovery in complex cases (electronic discovery, privilege), stays or abstention in favor of related litigation (Colorado River, Rooker-Feldman), multi-district litigation, class action procedures and limitations (class arbitration, CAFA, SLUSA), interlocutory appeals, sanctions, judicial disqualification, and attorneys’ fees.

    Grading will be based principally on the two papers (briefs) submitted by each student. Oral arguments and class discussion will also count. There will be no examination. Substantial Paper credit available. Enrollment capped at twenty. Permission of the instructor required. S.R. Underhill.

    Note: Because this course requires a specific number of students, those who have been accepted will be notified and asked to confirm their intention to remain in the course before classes start, so that students on the waiting list may be offered places before the first class meeting.

    Location: SLB - 124 (Thu)
    Grade mode: graded
    CRN: 20481

    Close
    • 21345-01
    • †Constitutional Litigation Seminar
    • Calabresi
      Walker
    • Wed 4:10 PM-6:00 PM
      Thu 4:10 PM-6:00 PM
    • 2
    • Professional Skills
    • limited enrollment (12)
    • not applicable
    Expand

    †Constitutional Litigation Seminar (21345). 2 units. Federal constitutional adjudication from the vantage of the litigator with an emphasis on Circuit and Supreme Court practice and procedural problems, including jurisdiction, justiciability, exhaustion of remedies, immunities, abstention, and comity. Specific substantive questions of constitutional law currently before the Supreme Court are considered as well. Students will each argue two cases taken from the Supreme Court docket and will write one brief, which may be from that docket, but will likely come from the Second Circuit. Students will also join the faculty members on the bench and will, from time to time, be asked to make brief arguments on very short notice on issues raised in the class. Brief required. Enrollment limited to twelve. G. Calabresi and J.M. Walker, Jr.

    Note: This seminar will meet on the following dates: January 21 and 29, February 11, 18, 19, 25, 26; March 25, 26; April 1, 2, 8, 9, and 16. The first class meeting will be held on Wednesday, January 21, 4:10-6 p.m., at the Law School, room 127; thereafter the class meetings will be at 157 Church Street at the same time. Because of the nature of this seminar, admitted students who wish to drop the course must notify the instructors and remove the course from their schedule no later than Friday, January 23 at 5 p.m.; all students who are on the admitted list by the end of that day must take the course and will not be permitted subsequently to drop. First day attendance strongly urged. Those students on the waiting list should attend the first class meeting to learn if any places have opened.


    Grade mode: graded
    CRN: 20364

    Close
    • 21502-01
    • *Colloquium on Contemporary Issues in Law and Business
    • Romano
    • Mon 4:10 PM-6:30 PM
    • 2
    • Professional Responsibility
    • limited enrollment
    • paper required
    Expand

    *Colloquium on Contemporary Issues in Law and Business (21502). 2 units. This course will bring leading members of the corporate bar, business, and investment communities, judges, and regulators, to the Law School to discuss emerging practice and regulatory issues, as well as scholars from other institutions to present their ongoing research on corporate governance and finance. An aim of the colloquium will be to provide a realistic sense of the varieties of business law practice and careers in business. Weekly short papers required during the term; writing will not qualify for Substantial Paper or Supervised Analytic Writing credit. Prerequisite: Business Organizations. Enrollment limited to seventeen. R. Romano.

    Course Bidding: In addition to ranking this course among limited enrollment bids, interested students should submit a CV by 4:30 p.m. on December 10. Submitting a bid for this course constitutes authorization for the Registrar’s Office to release a copy of the student’s YLS transcript to the instructor.

    Location: SLB - 111 (Mon)
    Grade mode: graded
    CRN: 20439

    Close
    • 21524-01
    • Corporate Taxation
    • Alstott
    • Tue 10:10 AM-12:00 PM
      Thu 10:10 AM-12:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Corporate Taxation (21524). 4 units. The United States has a "classical" or two-level corporate tax system, which aims to tax corporate income twice: once when earned at the corporate level and again when distributed to individual shareholders. This corporate "double tax" is problematic because its policy rationale is thin and its implementation is tricky. This course will focus on both the policy and the technical aspects of taxing corporations. On the policy side, it will consider current and past proposals to integrate the corporate tax with the individual income tax. On the technical side, it will consider the tax problems that arise when corporations engage in transactions with their shareholders or with other corporations, including contributions, distributions, and reorganizations. Note:This course is open only to J.D. students. Prerequisite: Federal Income Taxation. Self-scheduled examination. A.L. Alstott.

    Location: SLB - 122 (Tue)
    SLB - 122 (Thu)
    Grade mode: graded
    CRN: 20356
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)
    Notes: You may use the "search" (control-F) function of your computer in consulting your notes during the exam.

    Close
    • 21756-01
    • Criminal Justice Clinic: Fieldwork
    • Doherty
      Ullmann
      Bruce
    • 2
    • -
    • experiential
    • not applicable
    Expand

    Criminal Justice Clinic: Fieldwork (21756). 2 units, credit/fail, with a graded option. This course must be taken simultaneously with the Criminal Justice Clinic (21590). Permission of the instructors required. F.M. Doherty, S.O. Bruce III, and M. Quattlebaum.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork-only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Course Selection: Students who are accepted in the clinic seminar will be enrolled in the fieldwork section.

    Grade mode: graded or credit/fail
    CRN: 20371

    Close
    • 21448-01
    • Criminal Procedure: Police Practices and Investigations
    • Meares
    • Fri 8:35 AM-10:00 AM
      Wed 10:35 AM-12:00 PM
    • 3
    • -
    • open enrollment
    • exam required
    Expand

    Criminal Procedure: Police Practices and Investigations (21448). 3 units. The course will focus on the constitutional law that governs searches, seizures, and confessions. The course will consider in detail the evolution of the exclusionary rule and the development and administration of the probable cause and warrant requirements. It will also examine stop and frisk, administrative searches, searches incident to arrest, vehicle searches, consent searches, and the admissibility of confessions. No credit/fail option. Scheduled examination. T. Meares.

    Location: SLB - 129 (Fri)
    SLB - 129 (Wed)
    Grade mode: graded
    CRN: 20416
    Exam: 5/06/2015 at 2:00 PM SLB: 127
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21590-01
    • *†Criminal Justice Clinic
    • Doherty
      Ullmann
      Bruce
    • Mon 2:10 PM-4:00 PM
    • 2
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Criminal Justice Clinic (21590) and Fieldwork (21756) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students will represent defendants in criminal cases in the Geographical Area #23 courthouse (the "GA") on Elm Street in New Haven. Students will handle all aspects of their clients' cases under the direct supervision of clinical faculty. Students will learn how to build relationships with clients, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for clients in court. Students will also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students will be encouraged to think critically about the operation of the criminal justice system and to reflect on opportunities for reform. Because of the frequency of court appearances, students must keep two mornings a week (Monday--Thursday, 9 a.m. until 1 p.m.) free from other obligations. Students must also return to the law school a few days before the start of the semester to participate in an orientation program intended to prepare them for criminal practice. Enrollment limited. F. Doherty, S.O. Bruce III, and M. Quattlebaum.

    Note: New students who are accepted in this clinic must attend a two-day training session to prepare for their first client meetings and court appearances. For the Spring 2015 clinic, these all-day sessions will be held on Thursday, January 15 and Friday, January 16. Attendance is required.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork-only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Course Selection: In addition to listing this course among experiential permission selections, students should also submit a statement of interest and a CV by December 10 at 4:30 p.m.

    Location: SLB - 111 (Mon)
    Grade mode: graded or credit/fail
    CRN: 20370

    Close
    • 21300-01
    • Criminal Law and Administration
    • Kahan
    • Mon 4:10 PM-5:35 PM
      Tue 4:10 PM-5:35 PM
    • 3
    • Criminal Law & Administration
    • open enrollment
    • exam required
    Expand

    Criminal Law and Administration (21300). 3 units. This course will relate the general doctrines of criminal liability to the moral and social problems of crime. The definitions of crimes against the person and against property (as they are at present and as they might be) are considered in the light of the purposes of punishment and of the role of the criminal justice system, including police and correctional agencies, in influencing behavior and protecting the community. This course is given in several sections; it must be taken before graduation. Students may satisfy the graduation requirement by satisfactorily completing Criminal Law and Administration or Criminal Law, but they may not enroll in both courses. Scheduled examination (web). D.M. Kahan.

    Location: SLB - 129 (Mon)
    SLB - 129 (Tue)
    Grade mode: graded
    CRN: 20403
    Exam: 5/08/2015 at 9:00 AM SLB: 127
    Questions available online
    Name or Id: Id
    Length: 6 hour(s)

    Close
    • 21665-01
    • †Drafting and Negotiating Merger and Acquisition Transactions
    • Adler
    • Thu 6:10 PM-8:00 PM
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Drafting and Negotiating Merger and Acquisition Transactions (21665). 2 units, credit/fail. The class will focus on understanding the structure and basic provisions of an acquisition agreement, highlighting the differences between the ABA Model agreement and “real-world” agreements. The class will focus on drafting and negotiation skills and students will practice drafting skills by working with a hypothetical purchase agreement. Students will then be divided into Buyer and Seller teams and participate in a simulated negotiation for the hypothetical transaction. Students will be guided by experienced M&A practitioners and investment bankers who will serve as guest coaches for the simulated negotiation. Preference given to J.D. students. Enrollment limited to sixteen. S.S. Adler.

    Note: There are no prerequisites for this course. Priority will be given to students who list this course as their first preference among the experiential course selections.

    Location: SLB - 112 (Thu)
    Grade mode: credit/fail
    CRN: 20482

    Close
    • 21147-01
    • Drug Product Liability Litigation
    • Grossi
    • Mon 6:10 PM-8:15 PM
    • 2
    • -
    • open enrollment
    • exam required
    Expand

    Drug Product Liability Litigation (21147). 2 units. More product liability lawsuits are filed against drug manufacturers than all other industries combined. As one scholar put it, the pharmaceutical industry is now “in tobacco-land terms of how much people hate it,” and drug product liability litigation is a “growth industry.” This course, taught by a practitioner with vast experience trying such cases, will consider the theory and practice of such litigation. At the outset, we will focus on the similarities and differences between pharma cases and other product liability cases, using the Diet Drug cases tried by the instructor as a model. We will then consider the doctrines governing such lawsuits—such as “failure to test”; inadequate warning; learned intermediary; medical causation; and various forms of damages—discussing those issues both in their classic formulation in a single lawsuit, but also in the way those principles are applied in mass litigation, where there may be several thousand individual cases and multiple trials. The course will also consider the practical aspects of those cases, such as the special evidentiary problems when doctors are witnesses; techniques to present scientific material to juries; approaches to trial examination; and jury selection strategies. Course Requirements: Short mid-term “bench" memorandum: (40 percent); self-scheduled final (open book; 50 percent); class participation (10 percent). Self-scheduled examination. P. T. Grossi, Jr.

    Location: SLB - 122 (Mon)
    Grade mode: graded
    CRN: 20473
    Exam: 5/04/2015 - 5/13/2015
    Questions available online
    Name or Id: Id
    Length: 60 hour(s)
    Notes: The exam must be completed by Wednesday, May 13th at 5pm.

    Close
    • 21470-01
    • *†Education Adequacy Project
    • Rosen
      Knopp
      Smith
      Cantwell
      Bannigan
    • Tue 6:10 PM-8:00 PM
    • 3
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Education Adequacy Project (21470). 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The only clinic of its kind in the nation, EAP pursues a single complex lawsuit to ensure the State of Connecticut provides all Connecticut children with adequate and equitable educations.
    Students work with attorneys at Debevoise & Plimpton as well as local counsel in an integrated trial team. Students play a significant role in determining the case's litigation strategy. EAP members pursue a variety of projects including education policy research, legal writing, legal research and other tasks essential to litigation. Class time is devoted to litigation strategy and discussion with supervising attorneys; training in litigation skills; and internal clinic logistics. Permission of the instructors required. H. Cantwell, D.N. Rosen, H. Smith, A.A. Knopp, and M. Bannigan.

    Course Bidding: In addition to listing this clinic among experiential course selections, students should also submit a resume and a statement of interest (no longer than two pages, double spaced) by 4:30 p.m. on December 10.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: ASH40 - A420 (Tue)
    Grade mode: graded or credit/fail
    CRN: 20440

    Close
    • 21663-01
    • Education and the Law
    • Simon
    • Tue 2:10 PM-4:00 PM
    • 2 or 3
    • -
    • open enrollment
    • paper required
    Expand

    Education and the Law (21663). 2 or 3 units. The law suffuses -- some would say suffocates -- public and private elementary and secondary education. All three branches of government, at the state and federal levels, have a hand in every aspect of schooling. For example: Compulsory education -- at what ages should it start and end? What topics may be taught or not taught? Who may teach (and under what conditions of employment)? When and where students may (or must) say prayers, do drugs, speak their minds, and do other controversial things? What process is due when students -- or teachers -- are disciplined or when students are held back? How can and should schools work with children of different races, religions, language skills and conditions of disability (herein, for example, of special education and desegregation)? The regulation of bullying. The role (and efficacy) of charter schools and voucher schools. The financing and regulation of parochial and other religious schools. No Child Left Behind, Race to the Top, and other recent federal and state funding policies and state de-funding actions. These are examples of possible paper topics, along with education law developments abroad. A few guests from the field of education will meet with us during the semester, including those recommended by student participants. No examination. Students will be expected to discuss their paper topics (and present any outlines or drafts they have completed) at some point during the semester (preferably before the tail-end). Papers can be submitted for Supervised Analytic Writing, Substantial Paper, or "just a paper" credit. Paper required. Enrollment capped. J.G. Simon.

    Note: The first meeting of this class will be on Tuesday, January 27.

    Location: SLB - 111 (Tue)
    Grade mode: graded
    CRN: 20447

    Close
    • 21527-01
    • Empirical Law and Economics
    • Ayres
    • Tue 10:35 AM-12:00 PM
      Thu 10:35 AM-12:00 PM
    • 2 or 4
    • -
    • open enrollment
    • exam with paper option
    Expand

    Empirical Law and Economics (21527). 2 or 4 units. The goal of this course will be to develop an understanding of the major tools of statistics and econometrics that are used to empirically investigate causal claims about law and public policy. Through a careful examination of some of the major empirical debates in the area of criminal law and criminal justice policy, the course will hope to convey a sense of the difficulties of establishing causal relationships and the attendant uncertainty associated with econometric evaluation of complex social phenomena. The goal is to develop both substantive understanding of particular academic debates, and the ability to evaluate other empirical debates. Depending on class size, students will either write a paper (4 units) or take a final take-home examination (2 units; write a "referee report" on an assigned empirical paper). Self-scheduled examination or paper option. I. Ayres.

    Location: SLB - 121 (Tue)
    SLB - 121 (Thu)
    Grade mode: graded
    CRN: 20357
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21197-01
    • Enforcing Antidiscrimination Laws
    • Kimpel
    • Mon 10:10 AM-12:00 PM
    • 2 or 3
    • -
    • open enrollment
    • exam with paper option
    Expand

    Enforcing Antidiscrimination Law (21197). 2 or 3 units. This course is intended to fuse theory with practice – to explore (1) whether and how the theories that undergird our antidiscrimination laws are enforced in our courts and (2) what advocates (in a range of contexts) can and should be doing to enhance or improve enforcement of our antidiscrimination laws. Topics covered will include:

     The Public/Private Distinction in Enforcement
     Non-Individual Plaintiffs and Standing
     Challenges Posed by Atypical Plaintiffs
     Class Certification under the Roberts Court
     Ever-Increasing Standards of Proof
     Litigating Reproduction and Parenting
     Theories of Bias and Fact Finders
     The Role of Statistical Evidence in Demonstrating Discrimination
     Monetary (Dis)Incentives for Individuals to Act
     Juries, Identity Politics, and Trial Narratives
     Programmatic Relief as a Product of Antidiscrimination Litigation
     Secret Resolutions
     Pursuing and Articulating Solutions

    Course materials will draw not only from more traditional law school texts but also from briefs, other litigation materials and secondary literature that helps provide a practice-based perspective on these issues. The instructor will draw on recent experiences on the Hill and in courtrooms around the country and will encourage students to critically engage with their own life experiences to identify strategy and policy solutions moving forward.

    The course is intended to complement the Antidiscrimination Law and Employment Discrimination Law courses. Students who have taken those courses should feel free to take this course as well, although those courses are not prerequisites. Two units, based on class participation and a final examination; 3 units, based on class participation and a final paper in lieu of an examination. A limited number of students will be accepted for the paper option which can count as the Substantial Paper. Self-scheduled examination or paper option. K.M. Kimpel.

    Location: SLB - 111 (Mon)
    Grade mode: graded
    CRN: 20488
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id

    Close
    • 21321-01
    • *†Environmental Protection Clinic
    • Galperin
      Suatoni
      Hawkins
    • Tue 12:10 PM-2:00 PM
    • 3
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Environmental Protection Clinic (21321). 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work ten to twelve hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals) to be produced by the end of the term. Students may propose projects and client organizations, subject to approval by the instructor. Enrollment limited to thirty. Also F&ES 970b. J. Galperin, D.G. Hawkins, and L. Suatoni.

    Location: SLB - 120 (Tue)
    Grade mode: credit/fail
    CRN: 20384

    Close
    • 21033-01
    • Environmental Law and Policy
    • Esty
    • Mon 10:30 AM-11:50 AM
      Wed 10:30 AM-11:50 AM
    • 3
    • -
    • open enrollment
    • exam required
    Expand

    Environmental Law and Policy (21033). 3 units. Introduction to the legal requirements and policy underpinnings of the basic U.S. environmental laws, including the Clean Water Act, Clean Air Act, and various statutes governing waste, food safety, and toxic substances. This course will examine and evaluate current approaches to pollution control and resource management as well as the "next generation" of regulatory strategies, including economic incentives and other market mechanisms, voluntary emissions reductions, and information disclosure requirements. Mechanisms for addressing environmental issues at the local, regional, and global levels will also be considered. Scheduled examination. Also F&ES 824b. D.C. Esty.

    Note: This course will meet according to the calendar of the School of Forestry and Environmental Studies.

    Location: BOWERS - AUD (Mon)
    BOWERS - AUD (Wed)
    Grade mode: graded
    CRN: 20376
    Exam: 5/04/2015 at 9:00 AM
    Questions are not available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21469-01
    • Estate Planning: Estate, Gift, and Generation-Skipping Transfer Taxes and Related Income Tax Issues
    • Stoll
    • Wed 3:10 PM-6:00 PM
    • 3
    • -
    • open enrollment
    • exam with paper option
    Expand

    Estate Planning: Estate, Gift, and Generation-Skipping Transfer Taxes and Related Income Tax Issues (21469). 3 units. The major focus of the class will be estate planning, i.e., understanding in depth the three transfer taxes (estate tax, gift tax, generation-skipping transfer tax) and the grantor trust rules, and learning how trusts and estates practitioners advise wealthy individuals to structure their estate plans to achieve particular tax and nontax goals. In addition, we will address issues related to estate administration and charitable giving. We will use as our primary text Federal Taxes on Gratuitous Transfers: Law and Planning by Joseph M. Dodge, Wendy C. Gerzog, and Bridget J. Crawford (Wolters Kluwer Law & Business 2011). Class materials will also include relevant sections of the Internal Revenue Code and Treasury Regulations thereunder, as well as a model Will, Revocable Trust, Dynasty Trust, Qualified Personal Residence Trust, Grantor Retained Annuity Trust, and private equity fund structure. Self-scheduled examination or paper option. D.J. Stoll.

    Location: SLB - 110 (Wed)
    Grade mode: graded
    CRN: 20457
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21653-01
    • *†Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice
    • Fox
    • Mon 4:10 PM-6:00 PM
    • 3
    • Professional Responsibility,

      Professional Skills,

      New York Bar Professional Responsibility
    • experiential
    • not applicable
    Expand

    *†Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice (21653). 3 units. Lawyers' need for ethics advice, consultation and opinions is not limited to those who can pay. Impecunious clients and the lawyers who serve them are in need of ethics counseling and legal opinions on a regular basis. For example, Yale law students provided essential help in preparing an amicus brief in Holland v. Florida, a Supreme Court case from the 2009 Term that resulted in a victory for the petitioner and an extensive citation to the amicus brief in the majority opinion. The Ethics Bureau provides these essential services for those who cannot retain paying counsel. The work of the Bureau will consist of three major components. First, the Bureau will provide ethics counseling for pro bono organizations such as legal services offices and public defenders. Second, the Bureau will prepare standard-of-care opinions relating to the conduct of lawyers that are needed in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct, cases in which the clients are impecunious and otherwise cannot secure expert assistance. Third, from time to time, the Yale Ethics Bureau will provide assistance to amici curiae, typically bar associations or ethics professors, on questions of professional responsibility in cases in which such issues are front and center. It did so in a United States Supreme Court case, Maples v. Allen, argued in the 2010 Term, decided in early 2012, citing the amicus brief of the clinic. The students working at the Bureau will meet for class two hours per week and will be expected to put in approximately ten hours on Bureau projects each week. The classroom work will not only explore the ethical minefield, but also consider the role of expert witnesses in the litigation process, its appropriateness and the procedural issues thereby raised. The course has no prerequisites. Enrollment limited to twelve. Preference given to prior Ethics Bureau enrollees and students who previously took the instructor’s ethics class. Permission of the instructor required. L. Fox.

    Course Selection: In addition to listing this course among experiential permission courses, interested students should also submit a short statement of interest by the close of the bidding period on December 10 at 4:30 p.m.

    Location: SLB - 112 (Mon)
    Grade mode: graded
    CRN: 20382

    Close
    • 21456-01
    • [The] Ethics of War
    • Carter
    • Tue 2:10 PM-4:00 PM
    • 3
    • -
    • limited enrollment
    • paper required
    Expand

    [The] Ethics of War (21456). 3 units. This course will explore the Western tradition of just and unjust wars, in order to gain an understanding of when and how the set of practices to which we refer as "war" justifies killing that would otherwise be considered mass murder, and to work out what ethical rules ought to be required for the justification and the prosecution of war. The emphasis will be on ethical argument, not international law. Paper required. Enrollment limited. S.L. Carter.

    Location: SLB - 110 (Tue)
    Grade mode: graded
    CRN: 20366

    Close
    • 21277-01
    • Evidence
    • Carter
    • Tue 10:10 AM-12:00 PM
      Thu 10:10 AM-12:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Evidence (21277). 4 units. A survey of the United States' approach to the production of evidence. Although the major focus will be the Federal Rules of Evidence, the course will also study constitutional principles and philosophical arguments. We will do some comparative work as well. Scheduled examination. S.L. Carter.

    Location: SLB - 127 (Tue)
    SLB - 127 (Thu)
    Grade mode: graded
    CRN: 20365
    Exam: 5/11/2015 at 9:00 AM SLB: 127
    Questions available online
    Name or Id: Id

    Close
    • 21768-01
    • Faculty Works-in-Progress Seminar
    • Ayres
    • Tue 4:10 PM-5:35 PM
    • 1
    • -
    • open enrollment
    • not applicable
    Expand

    Faculty Works-in-Progress Seminar (21768). 1 unit, credit/fail. In this "Inside-Out" seminar, Yale Law School faculty will present papers based on their current research. The topics will involve a broad range of legal issues. The workshop meetings will be videotaped and may later be posted to the Internet. Short reaction papers will be required during the term. Students enrolling and participating in the workshop will receive one unit of ungraded credit. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. I. Ayres.

    Location: SLB - 121 (Tue)
    Grade mode: credit/fail
    CRN: 21154

    Close
    • 21210-01
    • Federal Courts, the States and the Federal System
    • Gluck
    • Wed 1:10 PM-3:00 PM
      Mon 2:10 PM-4:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Federal Courts, the States, and the Federal System (21210). 4 units. This course will examine the relationship between federal courts and coordinate branches of the federal government; the interactions between state and federal courts; and the interplay of state and federal laws. We will explore vertical and horizontal separation of powers; how the power to make, interpret and enforce law is shared among the branches and between the federal and state governments; the theory and practice of federalism; and the jurisdiction, powers and limitations of the federal courts in our federal and federalist system. Note that this course will not focus on habeas or Native American law issues; students interested in those matters may wish to take the fall version of the course. Enrollment capped at eighty. Scheduled examination (web). A. Gluck.

    Note: Attendance at the first-class meeting is required to retain a place on the waiting list.

    Location: SLB - 129 (Wed)
    SLB - 129 (Mon)
    Grade mode: graded
    CRN: 20388
    Exam: 5/07/2015 at 9:00 AM SLB: 127
    Questions available online
    Name or Id: Id
    Length: 4.5 hour(s)

    Close
    • 21621-01
    • Federal Criminal Law
    • Stith
    • Tue 2:10 PM-3:35 PM
      Thu 2:10 PM-3:35 PM
    • 3
    • -
    • open enrollment
    • exam required
    Expand

    Federal Criminal Law (21621). 3 units. This course will explore the law of federal crimes. The introductory course in Criminal Law and Administration is a prerequisite. Federal criminal law is peculiar -- expansive yet limited. The major thematic approach of this course will be trying to answer the question, "Who (really) defines federal crimes?" We will see that Congress is just one of the authors of federal criminal law.

    A second theme of the course will be the exercise of prosecutorial discretion, which is a legal premise that helps explain such a vast, under-enforced body of law.

    It is also important. The influence of federal criminal law on state law and even the law of other nations is much greater than its proportionate number of prosecutions. For instance, in recent decades, there have been major substantive and doctrinal changes in federal criminal law, often copied at the state level. RICO laws, money-laundering laws, and sentencing law reforms are some prominent examples. More generally, as William Stuntz said, "Federal criminal law is…the battleground for the most basic issues of crime policy." We will explore interpretative, theoretical, and practical issues in the development and enforcement of federal criminal law -- including federal criminal jurisdiction, mail and wire fraud, extortion and bribery, criminal civil rights law, money-laundering, RICO, and the criminal side of the United States' efforts against non-state international terrorism. Prerequisite: Criminal Law and Administration. Scheduled examination. K. Stith.

    Location: SLB - 128 (Tue)
    SLB - 128 (Thu)
    Grade mode: graded
    CRN: 20456
    Exam: 5/04/2015 at 9:00 AM SLB: 129
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)
    Notes: You may not connect to the Internet during the exam except to access YLS:Inside.

    Close
    • 21050-01
    • Federal Income Taxation
    • Listokin
    • Wed 1:10 PM-3:00 PM
      Mon 1:30 PM-3:30 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Federal Income Taxation (21050). 4 units. An introductory course on the federal income taxation of individuals and businesses. The course will provide an overview of the basic legal doctrine and will emphasize statutory interpretation and a variety of income tax policy issues. The class will consider the role of the courts, the Congress, and the IRS in making tax law and tax policy and will apply (and question) the traditional tax policy criteria of fairness, efficiency, and administrability. Topics will include the definition of income, tax shelters, the interest deduction, taxation of the family, and capital gains. No prerequisites. Scheduled examination. Y. Listokin.

    Location: SLB - 120 (Wed)
    SLB - 120 (Mon)
    Grade mode: graded
    CRN: 20412
    Exam: 5/07/2015 at 9:00 AM SLB: 129
    Questions available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21421-01
    • [The] First Amendment
    • Post
    • Mon 8:35 AM-10:00 AM
      Tue 8:35 AM-10:00 AM
    • 3
    • -
    • open enrollment
    • exam required
    Expand

    [The] First Amendment (21421). 3 units. This course will discuss the theory and doctrine of the First Amendment protections for freedom of expression. Enrollment will be capped at eighty. Preferences will be given to second- and third-year students. Self-scheduled examination. R.C. Post.

    Location: SLB - 129 (Mon)
    SLB - 129 (Tue)
    Grade mode: graded
    CRN: 20426
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 48 hour(s)

    Close
    • 21767-01
    • Food and Drug Administration Law
    • Kesselheim
    • Mon 4:10 PM-6:00 PM
    • 1 to 2
    • -
    • open enrollment
    • paper required
    Expand

    Food and Drug Administration Law (21767). 1 or 2 units, with a credit/fail option. The Food and Drug Administration (FDA) is the premier consumer protection agency in the United States, with control over the availability and public discourse about potentially life-saving therapeutics, foods, supplements, and related consumer products. Its authority has been built in response to public health crises, and is constantly under scrutiny from all sides of the political spectrum. In this course, we will review the history of the FDA, the noteworthy legislation and regulation that have shaped its oversight of the health care products market, Supreme Court and other cases that have impacted its authority, and an introduction to key current controversies related to the FDA that affect health care delivery (we may devote one class to food law issues, based on student interest). The enduring theme will be how the FDA balances its vital public safety role against countervailing forces of personal autonomy and the rights or interests of consumers, patients, physicians, and corporations. Each class will be organized around a lecture—with interactive discussion—introducing students to the material, and most classes will contain a hypothetical case that will require students to apply the day’s lessons and themes in determining legal and policy solutions. A shorter paper is required for 1 unit; a paper of 2,500-4,000 words is required for 2 units. Students with high quality papers will be given specific guidance in submitting them for publication in the peer-reviewed medical/public health/policy literature. Open only to J.D. students. Paper required. Enrollment capped at twenty. A.S. Kesselheim.

    Note: This class will meet in seven sessions on the following dates: January 26; February 2, 9, and 23; March 2, 9, and 23.

    Location: SLB - 109 (Mon)
    Grade mode: graded
    CRN: 20490

    Close
    • 21757-01
    • [The] Foundations of Legal Scholarship
    • Eskridge
      Klevorick
    • Tue 10:10 AM-12:00 PM
    • 3
    • -
    • faculty permission (8)
    • paper required
    Expand

    [The] Foundations of Legal Scholarship (21757). 3 units. During the second semester of the legal scholarship seminar, students will reflect on legal scholarship and workshop their own writing. Open only to Ph.D. in Law students and first-year J.S.D. students who completed Introduction to Legal Scholarship in Fall 2014. In all cases, enrollment in this semester of the seminar is only by permission of its instructors. Paper required. Enrollment limited to eight. Permission of the instructors required. W.N. Eskridge, Jr., and A.K. Klevorick.

    Location: SLB - L48 (Tue)
    Grade mode: graded or credit/fail
    CRN: 20375

    Close
    • 21416-01
    • †Global Health and Justice Practicum
    • Kapczynski
      Miller
      Gonsalves
    • Tue 12:10 PM-2:00 PM
    • 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Global Health and Justice Practicum (21416). 3 units. This course will fuse didactic and experiential learning on critical topics at the intersection of public health, rights and justice in the twenty-first century. Students will have the opportunity to explore analytic and practical frameworks that engage a diverse range of legal conceptions and processes that act as key mediators of health, including producing or responding to health disparities in the United States and worldwide. Readings and project approaches will draw from legal, public health, historical, anthropological and other fields to introduce students to the multiple lenses through which health issues can be addressed, and to build their competence to work with colleagues in other disciplines around such interventions.

    A central goal of the class is to equip students with the capacity to engage critically and constructively with the evolving tools of law, policy and rights in the context of global health. Through readings and real-world projects the students will have an opportunity to explore the means by which -- and with what limitations -- law, policy and rights can be used as tools to promote health within a global context. Students will work on projects in teams and be evaluated by their work product rather than a final exam.

    The practicum is a cornerstone in the Global Health Justice Partnership between the Yale Law School and the School of Public Health. There will be several clinic projects, and student interest will be taken into account when selecting project teams. Previous projects have focused, for example, on building a framework for UN accountability for the introduction of cholera to Haiti, and onaddressing barriers to access to new Hepatitis C treatment in low and middle income countries. Projects may also relate to US law and policy (for example, one recent project addressed state laws that create criminal penalty enhancements for sex workers with HIV, and another addressed the implications of recent free speech jurisprudence for the FDA's regulatory authority). Resources will be available for travel for students and faculty as needed. The course will be designed for a mix of public health students and law students, though select students from other disciplines may also be admitted. This course meets the YSPH OPHP practicum requirement for Masters/Public Health Students.

    This course will meet according to the Law School calendar. Permission of the instructors required. Enrollment limited to twelve. Also CDE 596b. A. Kapczynski, A. Miller, and G. Gonsalves.

    Note: We may also establish special sessions and makeup sessions to accommodate the difference between schedules on the main campus and in the Law School.

    Course Bidding: In addition to listing the course among experiential course selections, students should submit a CV and statement of interest. In the statement, law students should describe their interest in work on global and local health issues, as well as any relevant courses or other experience. Public Health students should describe their interest in policy and legal issues related to health, and any relevant courses or other experiences at the law/policy/health intersection. (Students outside of public health and law may be admitted to the course, and should write the instructors about the application materials required.) Law students should submit the materials by 4:30 p.m. on December 10. Other students should send materials to meredith.berger@yale.edu by 4:30 p.m. on December 10.

    Note: Because project work begins immediately, and is collaborative and intense, this is not a class that students will have the opportunity to "shop." Admitted students will be given early notice and asked to confirm their commitment to the course before the opening of the add/drop period. Enrollment in this class presumes a serious commitment of time, and projects immediately engage students in collective responsibilities; accordingly, there is a no-drop policy for this class.

    Location: SLB - 112 (Tue)
    Grade mode: graded
    CRN: 20405

    Close
    • 21160-01
    • Global Order: U.S. Leadership and the Global Rules of the Road for the Twenty-First Century
    • Sullivan
    • Mon 2:10 PM-4:00 PM
    • 3
    • -
    • faculty permission
    • exam with paper option
    Expand

    Global Order: U.S. Leadership and the Global Rules of the Road for the Twenty-First Century (21160). 3 units. This course will examine the policy and legal challenge of updating international norms and institutions to reflect the realities of the contemporary global landscape while continuing to advance U.S. interests and U.S. values. It will start from the premise that the global order the United States helped build at the end of the Second World War needs serious renovation: to improve collective capacity to manage threats; to mobilize action to address shared challenges; and especially to shape updated rules of the road that govern interstate and transnational conduct in key areas. The course will focus on some of these key areas -- nonproliferation, climate change, trade and economics, human rights, maritime and territorial disputes -- and assess the policy and legal options available to US. national security decisionmakers.

    Readings will be largely contemporary. Grades will be based on class participation and a final examination or paper (to be negotiated with the instructor). This is a limited enrollment course. It will be cross-listed with the Jackson Institute, and non-law students (graduate and undergraduate) may be admitted by permission of the instructor. Self-scheduled examination or paper option. Enrollment limited to twenty Law students. Permission of the instructor required. Also GLBL 739b. J.J. Sullivan.

    Note: This course will follow the Graduate School calendar. The first class meeting will be on Monday, January 12. The class will meet in the Law School in a Law School time block.

    Location: SLB - 124 (Mon)
    Grade mode: graded
    CRN: 23971
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21623-01
    • †Global Refugee Legal Assistance
    • Heller
      Reisner
    • Tue 4:10 PM-6:00 PM
    • 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Global Refugee Legal Assistance (21623). 3 units, graded. This seminar and practicum will introduce students to international refugee law, with an emphasis on fieldwork. Class sessions will combine project rounds with a consideration of the development and content of the international refugee legal regime, U.S. policy toward refugees, and the particulars of the Iraqi and Syrian refugee crises. Additionally, students will work in pairs under the supervision of private attorneys to provide legal representation to refugees in the Middle East in urgent humanitarian situations seeking resettlement in a safe third country. Guest lecturers will include practitioners and scholars in the field of refugee law. Permission of the instructor required. R. Heller and K.A. Reisner.

    Location: SLB - 110 (Tue)
    Grade mode: graded
    CRN: 20397

    Close
    • 21162-01
    • *Health Law
    • Barnes
    • Thu 8:10 AM-10:00 AM
      Wed 3:10 PM-5:00 PM
    • 4
    • Professional Responsibility
    • open enrollment
    • exam required
    Expand

    *Health Law (21162). 4 units. This course will cover the full range of topics that are traditionally referred to as "health law," including the physician-patient relationship, informed consent, privacy and confidentiality, medical malpractice, regulation of health professions, regulation of health facilities, health care financing (including a survey of Medicare, Medicaid, Affordable Care Act, and private medical insurance law), regulation of drugs and devices, anti-kickback and abusive medical billing, and if time permits, end-of-life decision-making and reproductive health. Health law will be viewed as comprising the principles that govern and influence the interaction of patients and health care providers, and we will also consider the evolution of health law over time, as it reflects the development and history of medicine as a profession and the emergence of the modern hospital during the first decades of the twentieth century. We will throughout the course compare the emergence of the medical professional in contrast to the emergence of the organized legal profession, to understand the “guild” a profession represents and how the law and culture of a “guild” relates to the larger legal system. Readings will include a traditional casebook, as well as materials documenting the modern history of medicine, public health, and health care finance. Self-scheduled examination. M. Barnes.

    Note: Students from other Yale Graduate and Professional Schools, especially the School of Public Health, may be admitted with permission of the instructor.

    Location: SLB - 111 (Thu)
    SLB - 111 (Wed)
    Grade mode: graded
    CRN: 20471
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21531-01
    • *History of the Common Law: Procedure and Institutions
    • Langbein
    • Mon 10:35 AM-12:00 PM
      Wed 10:35 AM-12:00 PM
    • 3
    • Professional Responsibility,

      New York Bar Professional Responsibility
    • open enrollment
    • exam required
    Expand

    *History of the Common Law: Procedure and Institutions (21531). 3 units. An introduction to the historical origins of Anglo-American law, in which students study selected historical sources and extracts from legal-historical scholarship. Topics: (1) the jury system: medieval origins and European alternatives, separation of grand and petty juries, changes in the functions and composition of the jury from medieval to modern times, the law of evidence and other forms of jury control; appellate review of jury verdicts; the growing disuse of juries and of trials in modern times; (2) civil justice: the forms of action and the pleading system; the regular and itinerant courts; the judiciary; law reporting and other forms of legal literature; Chancery, the trust, equitable procedure and remedies; historical perspectives on the scope of the right to civil jury trial under the Seventh Amendment; the deterioration of Chancery procedure and the fusion of law and equity; the codification movement; the drafting of the Federal Rules of Civil Procedure; the retreat from trial (3) criminal justice: medieval criminal procedure; presentment and indictment; the recasting of criminal procedure in the sixteenth and seventeenth centuries; the officialization of prosecution and policing; the rise and fall of Star Chamber; defense counsel and the rise of the adversary system in the eighteenth century; the privilege against self-incrimination; the law of evidence; criminal sanctions and sentencing; the emergence of public prosecution; the trend to plea bargaining and other forms of nontrial procedure (4) legal education-the inns of court; apprenticeship; the emergence of university legal education in the United States; (5) the legal profession-attorneys and barristers; the regulation of admission to the profession; the development of law firms; megafirms and their twenty-first-century travails. Self-scheduled examination. J. H. Langbein.

    Location: SLB - 127 (Mon)
    SLB - 127 (Wed)
    Grade mode: graded
    CRN: 20411
    Exam: 5/04/2015 - 5/14/2015
    Questions are not available online
    Name or Id: Id
    Length: 24 hour(s)

    Close
    • 21193-01
    • Human Rights Workshop: Current Issues and Events
    • Silk
    • Thu 12:10 PM-1:45 PM
    • 1
    • -
    • open enrollment
    • not applicable
    Expand

    Human Rights Workshop: Current Issues and Events (21193). 1 unit, credit/fail. Conducted in workshop format and led by Professor James Silk, Director of the Orville H. Schell, Jr. Center for International Human Rights, the course will examine contemporary issues in human rights practice and theory. Guest speakers, including scholars, advocates and journalists, will present each week on a diverse range of topics in human rights. Readings are generally distributed in advance of each session. Students enrolled in the workshop for one unit of ungraded credit will prepare short response papers before several of the sessions and be responsible for asking the speaker a question at each of those sessions. The workshop will meet weekly. J.J. Silk.

    Location: SLB - 127 (Thu)
    Grade mode: credit/fail
    CRN: 24077

    Close
    • 21403-01
    • Humanitarian Law of Armed Conflict
    • Benvenisti
    • Mon 10:10 AM-12:00 PM
    • 2
    • -
    • open enrollment
    • exam required
    Expand

    Humanitarian Law of Armed Conflict (21403). 2 units. The aim of this course is to explore the potential and limits of the law governing the conduct of hostilities. We will examine the evolution of the different treaty regimes and their contemporary challenges, in particular in asymmetric and remote warfare, as well as their interface with international human rights law. We will focus on specific questions such as the right to participate in hostilities, the choice of weapons (including automated weapons), the distinction between combatants and civilians, the treatment of detainees and POWs, and the principles of military occupation. We will also look at the modalities for enforcing this law and in particular assess the effectiveness of war crimes trials as one of the modalities. Scheduled examination (web). E. Benvenisti.

    Location: SLB - 108 (Mon)
    Grade mode: graded
    CRN: 20347
    Exam: 5/05/2015 at 9:00 AM SLB: 129
    Questions available online
    Name or Id: Id
    Length: 5 hour(s)

    Close
    • 21615-01
    • Immigration Law and Policy
    • Ahmad
    • Tue 12:35 PM-2:00 PM
      Mon 4:10 PM-5:35 PM
    • 3
    • -
    • open enrollment
    • exam required
    Expand

    Immigration Law and Policy (21615). 3 units. This course will survey the legal, historical, and political considerations that shape U.S. immigration law. The course will review the constitutional basis for regulation of immigration into the United States and the constitutional rights of noncitizens in the country; the structure of the immigration bureaucracy; immigration federalism; the statutory and administrative frameworks for admission and removal of noncitizens; administrative and judicial review; and habeas corpus in the immigration context. The course will touch briefly on refugee and asylum law as well as the intersections of immigration and national security law, and will examine a series of current issues such as immigration detention, enforcement, and the scope of executive power to enact administrative forms of relief from deportation. Enrollment capped at forty. Self-scheduled examination. M.I. Ahmad.

    Location: SLB - 128 (Tue)
    SLB - 128 (Mon)
    Grade mode: graded
    CRN: 23227
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id

    Close
    • 21012-01
    • *†Immigration Legal Services
    • Peters
      Zonana
    • Mon 12:10 PM-2:00 PM
    • 3
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Immigration Legal Services (21012). 3 units, credit/fail. A clinical seminar involving class sessions and casework. The clinic will specialize in the representation of persons who are seeking asylum through affirmative procedures or in removal proceedings or post-asylum relief. Class sessions will focus on the substantive and procedural law, on the legal and ethical issues arising in the context of casework and on the development of lawyering skills. Classes will be heavily concentrated in the first half of the term, with additional sessions supplementing the weekly class time. Students will also attend weekly supervisions on their case work. Enrollment limited to six. J.K. Peters and H.V. Zonana.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance, Prosecution Externship.

    Note: Due to our immediate commitments to clients, Professor Peters will finalize the roster by email before the first class, after which the clinic cannot be dropped. Because classes prepare students for client work, attendance at all classes is mandatory.

    Location: SLB - 111 (Mon)
    Grade mode: credit/fail
    CRN: 20424

    Close
    • 21744-01
    • Innovation in Government and Society
    • Braverman
    • Fri 9:00 AM-11:30 AM
    • 1.5
    • -
    • faculty permission
    • paper required
    Expand

    Innovation in Government and Society (21744). 1.5 units. Across the globe, communities of every size face the same urgent imperative: rising demand for services running headlong into the reality of limited resources. The emerging answer--from some unlikely places--is bold, rapid management innovation. These disruptive moves are transforming the 21st century state. Some of the most broadly applicable, cutting-edge innovations come from the edge: communities that believe they have no choice but to take bold risks. Others come from the most developed areas, which feel more pressure than ever to do more with less. This interdisciplinary course on Innovation in Government and Society will blend perspectives from management, public policy, and law in exploring why communities must innovate in the delivery of public and social services and how ideas from the public sector, private sector, and civil society are shaping the future of public management. The course will include hands-on work to help advance innovation in communities in Africa and South America, in partnership with initiatives of the Clinton Foundation and others. This course will meet according to the School of Management calendar for Session Two, in the second half of the term. Enrollment limited to eight law students. Permission of the instructor required. Also MGT 866b/GBLS 697b. E. Braverman.

    Course Selection: In addition to listing this course among permission of the instructor selections, students should submit a short statement of interest and a resume by the close of the bidding period on December 10, 2014, at 4:30 p.m.

    Note: The class will meet on the following dates:March 27, April 3, April 10, April 17, April 24, May 1.

    Location: EVANS - 4220 (Fri)
    Grade mode: graded
    CRN: 23531

    Close
    • 21335-01
    • †[The] Institution and Practice of the Federal District Court
    • Chatigny
    • Thu 4:10 PM-6:00 PM
    • 2
    • Professional Skills
    • limited enrollment
    • not applicable
    Expand

    †[The] Institution and Practice of the Federal District Court (21335). 2 units. This course will examine the institution and practice of the federal district court from the perspective of the judge. The primary focus is on the day-to-day work of the court in both civil and criminal cases. Weekly reading materials, available on the course website, will include articles on topics covered in the seminar as well as case filings and judicial decisions. Emphasis will be given to effective lawyering techniques at key stages of civil and criminal cases. Grades will be based on class participation (25 percent) and a series of short written submissions (75 percent). For example, for the session devoted to sentencing, students will be asked to submit a memorandum in aid of sentencing either on behalf of the government or the defendant. There will be no examination. Only open to J.D. students. Enrollment limited to fifteen. R. N. Chatigny.

    Location: SLB - 109 (Thu)
    Grade mode: graded
    CRN: 20470

    Close
    • 21695-01
    • [The] Institutional Supreme Court
    • Greenhouse
    • Mon 2:10 PM-3:35 PM
      Wed 2:10 PM-3:35 PM
    • 3
    • -
    • limited enrollment
    • exam with paper option
    Expand

    [The] Institutional Supreme Court (21695). 3 units. This course will examine the Supreme Court from the perspective of its institutional role and the behavior of its members. Since the aim is a better understanding of how constitutional law is made, our focus will be on the making, rather than on the substantive law. Readings will be drawn from current and past cases, briefs and argument transcripts as well as political science literature on judicial behavior, public opinion, the appointment process, and other topics. Students who wish to write a paper in lieu of the exam must present a proposal before Spring break and receive the instructor's permission. Enrollment limited to thirty, with preference given to first-year J.D. students. Self-scheduled examination or paper option. L. Greenhouse.

    Location: SLB - 121 (Mon)
    SLB - 121 (Wed)
    Grade mode: graded
    CRN: 20391
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Notes: Exam Length: Entire exam period.

    Close
    • 21351-01
    • Intellectual Property: The Law of Scientific and Cultural Production
    • Kapczynski
    • Mon 10:10 AM-12:00 PM
      Wed 10:10 AM-12:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Intellectual Property: The Law of Scientific and Cultural Production (21351). 4 units. This course will introduce students to the law governing scientific and cultural production. The course will focus on intellectual property law, but will also address other modalities that sustain such production, such as government funding and the commons. We will cover the conventional IP subjects in some detail (patent law, copyright law, and trademark), but in the context of a broader framework investigating the proper goals and tools of information policy. Students will gain a basic overview of the relevant black letter law, as well as an introduction to theoretical debates about the proper grounds of information policy, and debates about important policy issues in the contemporary realm of information policy, such as file sharing, transnational "piracy," and global access to medicines. Self-scheduled examination (web). A. Kapczynski.

    Location: SLB - 120 (Mon)
    SLB - 120 (Wed)
    Grade mode: graded
    CRN: 20406
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21283-01
    • International Commercial Arbitration
    • Reisman
      Gaillard
      Banifatemi
    • Mon 6:10 PM-8:00 PM
      Wed 6:10 PM-8:00 PM
      Thu 6:10 PM-8:00 PM
    • 2
    • -
    • open enrollment
    • exam with paper option
    Expand

    International Commercial Arbitration (21283). 2 units. International commercial arbitration has increased as a function of world trade. This seminar will examine systematically and comparatively, through statutes, rules, national and international cases, and treaties, the establishment, operation, and implementation of awards of international arbitration tribunals; the role of national courts in compelling, facilitating, and enforcing or vacating arbitral awards; and policies currently under consideration for changing arbitral practices. Enrollment will be capped at twenty-five. Scheduled examination or paper option. W.M. Reisman, Y. Banifatemi, and E. Gaillard.

    Note: This class will meet three times per week between February 2 and February 20.

    Location: SLB - 110 (Mon)
    SLB - 110 (Wed)
    SLB - 110 (Thu)
    Grade mode: graded
    CRN: 20435
    Exam: 5/11/2015 at 9:00 AM SLB: 129
    Questions available online
    Name or Id: Name
    Length: 8 hour(s)
    Notes: Use your name.

    Close
    • 21149-01
    • [The] International Law of Governance
    • Benvenisti
    • Mon 4:10 PM-6:00 PM
    • 2
    • -
    • limited enrollment
    • paper required
    Expand

    [The] International Law of Governance (21149). 2 units. The seminar will address the law that applies to the decision-making processes within international organizations and other global governance bodies. Similar to administrative and constitutional norms that structure decision-making at the domestic level, norms that shape the decision-making procedures within international organizations are designed to resolve agency problems, promote public participation, protect potentially affected interests, and ensure the perceived legitimacy of these institutions. Although different organizations have adopted a variety of procedures, there is a process of convergence of expectations possibly leading to what may be called global administrative law: shared standards concerning public participation, representation, and accountability of the decisionmakers. The seminar will examine these norms and explore the political and social forces that shape their development by examining a variety of global and regional institutions including in the fields of collective security (the UN Security Council), human rights, environmental protection, and the regulation of trade and investments. The seminar will also address the challenges raised by the increasing role of private actors in setting global standards and the possible regulation of their activities. Paper required. Enrollment limited to twenty. E. Benvenisti.

    Location: SLB - 108 (Mon)
    Grade mode: graded
    CRN: 20348

    Close
    • 21138-01
    • International Legal Theory Seminar
    • Brilmayer
    • 2
    • -
    • open enrollment
    • paper required
    Expand

    International Legal Theory Seminar (21138). 2 units. This course is a research and writing seminar that takes, each year, a different topic that illustrates the interaction of contemporary disputes between states with theoretical concepts in international law. This year the focus will be “International Legal Theory and Maritime Law.” Topics to be addressed will include: the effect of sea level rise on maritime delimitation; whether it is unavoidable for territorial conflicts to be exacerbated by conflict over maritime resources; the desirability or undesirability of joint maritime zones; the effect of new weapons technology on the law of innocent passage; etc. No previous experience with maritime law is required. Substantial Paper and Supervised Analytic Writing credit are available. Paper required. L. Brilmayer.

    Grade mode: graded
    CRN: 20361

    Close
    • 21722-01
    • Introduction to the Regulatory State
    • Eskridge
    • Wed 1:10 PM-3:00 PM
      Mon 2:10 PM-4:00 PM
    • 4
    • -
    • limited enrollment
    • exam required
    Expand

    Introduction to the Regulatory State (21722). 4 units. This course is an introduction to the modern regulatory state, with an emphasis on legislation, administrative implementation, and statutory interpretation by judges as well as by agencies. Because of the focus on statutory interpretation, this course is a substitute for the advanced course in Legislation, but it is not a substitute for the advanced course in Administrative Law. Enrollment limited to eighty, with preference given to first-year J.D. students. Self-scheduled examination (web). W.N. Eskridge, Jr.

    Location: SLB - 127 (Wed)
    SLB - 127 (Mon)
    Grade mode: graded
    CRN: 20374
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21556-01
    • Just War Theory
    • Shapiro
    • Mon 1:30 PM-3:20 PM
    • 3
    • -
    • limited enrollment
    • paper required
    Expand

    Just War Theory (21556). 3 units. This seminar will explore classic just war theory and discuss whether it is still applicable to modern military conflicts, and the distinctive challenges that they present. After reading classical texts by, among others, Aquinas, Grotius, and Kant, students will read the works of modern classic war theorists, such as Walzer and McMahan. By examining current challenges to just war theory and international law, such as preemptive warfare, humanitarian intervention, targeted killings, drones, and cyber warfare, we will explore the question of whether just war theory should be modified and, if so, how. Paper required. Enrollment limited. Also PHIL 467b/667b. S.J. Shapiro and A. Voloj Dessauer.

    Note: Preference will be given to those who used a first-choice bid for Law and War (Hathaway/Shapiro) in the fall term.

    Note: This seminar will follow the Yale College calendar.

    Location: SLB - 112 (Mon)
    Grade mode: graded
    CRN: 22961

    Close
    • 21004-01
    • †Landlord/Tenant Legal Services
    • Pottenger
      Dineen
    • Thu 2:10 PM-4:00 PM
    • 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Landlord/Tenant Legal Services (21004). 3 units, credit/fail. Students in this clinical seminar will provide legal assistance, under the supervision of clinical faculty, to low-income tenants facing eviction in the New Haven Housing Court. Topics to be covered in discussions and class materials will include the substantive law of landlord-tenant relations, the Connecticut Rules of Practice and Procedure, ethical issues arising in the representation of clients, social and housing policy, and the development of lawyering skills, particularly in interviewing, litigation, negotiation, and mediation. Weekly class sessions and supervision sessions, plus eight to twelve hours per week of casework. Enrollment limited to eight. F.X. Dineen and J.L. Pottenger, Jr.

    Note: Attendance at first class is required. A no-drop policy will apply.

    Note: Students may not be enrolled in an LSO clinic and either of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 108 (Thu)
    Grade mode: credit/fail
    CRN: 20427

    Close
    • 21234-01
    • [The] Law and Economics of Corporate Control
    • Schwartz
      Fraidin
    • Mon 6:10 PM-7:00 PM
      Tue 7:30 PM-9:20 PM
    • 3
    • -
    • open enrollment
    • exam with paper option
    Expand

    [The] Law and Economics of Corporate Control (21234). 3 units. This course will be taught jointly by a professor and an attorney with a very large acquisitions and corporate governance practice. Its objectives will be to explore positive theories of why changes of control occur and the forms they take and to explore normative theories of how the state should respond to these changes. Topics include negotiated acquisitions, hostile takeovers, hedge fund participation in proxy contests and firm strategy, state and federal regulation of acquisitions activity, and corporate governance issues. Readings range from current cases to scholarly articles. The theoretical and legal treatments will be tested in the analysis of three recent deals, each of which will be presented by an actual participant in the deal. Students will be asked to critique the conduct of the deals in light of the legal and commercial options available to the parties. The course grade will be based on the critique and on an examination, or a paper option with permission of the instructors. Self-scheduled examination or paper option. Also MGT 664b. A. Schwartz and S. Fraidin.

    Location: SLB - 121 (Mon)
    SLB - 121 (Tue)
    Grade mode: graded
    CRN: 20443
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id

    Close
    • 21103-01
    • Law and Economics
    • Brooks
    • Thu 2:10 PM-4:00 PM
    • 2
    • -
    • open enrollment
    • exam required
    Expand

    Law and Economics (21103). 2 units. Over the past half-century, economic analytic perspectives on law have thrived in the legal academy. This course provides a survey and critical review of the intellectual legacy and methodological approaches common to the study of law and economics. Students are introduced to the subject by reading original manuscripts. The course, however, aims at more than a history of thought in law and economics. Through problem sets, students will also develop familiarity with the principal conceptual approaches and tools of the field, from marginal analysis to applied game theory. Self-scheduled examination. R.R.W. Brooks.

    Location: SLB - 111 (Thu)
    Grade mode: graded
    CRN: 20363
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 8 hour(s)

    Close
    • 21508-01
    • Law and Globalization
    • Stone Sweet
      Landfried
    • Tue 4:10 PM-6:00 PM
    • 2
    • -
    • limited enrollment (12)
    • paper required
    Expand

    Law and Globalization (21508). 2 units. The Law and Globalization seminar is an ongoing Yale Law School colloquium series for the discussion of recent scholarly research on legal aspects of globalization, broadly conceived. The focus of the spring 2015 edition will be new research on international courts. We will host six scholars who will present works-in-progress on the law and politics of international adjudication. On off-weeks, we will read and discuss texts selected by our visitors in preparation for their visit. Requirements include: (1) full participation in the seminar, including circulating two short (two-page) discussion papers on the readings; and (2) the writing of either one 25-to-30-page research paper on a topic relevant to law and globalization or three 8-to-10-page essays responding to the papers being presented in the seminar. Students may earn additional credit if they wish to produce a major research paper. The seminar may be repeated for credit, with permission. Paper or literature review required. Enrollment limited to twelve. A. Stone Sweet and C. Landfried.

    Note: Attendance at the first class meeting is required. Any accepted student who does not attend the first class meeting will be dropped from the course and places will then be offered to students on the waiting list.

    Location: SLB - 109 (Tue)
    Grade mode: graded
    CRN: 20458

    Close
    • 21762-01
    • *Law and Social Movements
    • Torres
    • Wed 3:10 PM-6:00 PM
    • 3
    • Professional Responsibility
    • limited enrollment
    • paper required
    Expand

    *Law and Social Movements (21762). 3 units. Historical and sociological studies of social movements identify the central importance of compelling narratives that come to frame a public deliberative process, which ultimately influences the making and interpretation of law. The study of social movements often begins with the movement for black civil rights and parallel developments among Latinos, American Indians and Asian Americans. Yet the study of durable legal change necessarily includes a close study of the feminist movement, the labor movement, the human rights movement, the right-to-life movement, the LGBT movement as well as the conservative movements for economic freedom and property rights and modern federalism.

    In this view, a key role of social movements is to frame a story and to keep it in popular circulation in order to confront, incorporate and transform received understandings. When social movements are successful, a new public narrative emerges. Part of this story is written in the law. Lawmaking becomes a way to institutionalize changes in background understandings and embrace particular public meanings and norms.

    We shall assess this interactive narrative frame as a point of departure for investigating specific advocacy strategies employed by lawyers. One of our goals is to examine the challenges and dilemmas lawyers face in helping social movements successfully organize around a counter-story and yet avoid becoming the movement's primary storytellers. Another goal is to understand the recursive relationship between social movements, litigation, legislation, and administrative agency policy making and enforcement. We shall also explore the extent to which successful social movements are not simply about negotiation of interests within an agreed upon normative and political framework, but generate new normative frameworks (related to values, new forms of identity, new institutions) and aspire to alter the relations of power in a democracy.

    Students will work in teams to develop and present a case study to the class on a particular movement. Rather than an exam, the course will conclude with a short paper that explores in greater depth one of the case studies we have considered. Paper required. Enrollment will be capped at thirty. G. Torres.

    Location: SLB - 120 (Wed)
    Grade mode: graded
    CRN: 23304

    Close
    • 21181-01
    • Law as a Social Science
    • Deutsch
    • Tue 10:10 AM-12:00 PM
    • 1 to 2
    • -
    • open enrollment
    • exam required
    Expand

    Law as a Social Science (21181). 1 or 2 units. Should one obey the law? If not, how does one account for social norms? This course will answer these questions by defining law as applied politics and attempting to construct a political philosophy. Self-scheduled examination. J.G. Deutsch.

    Location: SLB - 113 (Tue)
    Grade mode: graded
    CRN: 20367
    Exam: 5/04/2015 - 5/15/2015
    Name or Id: Id

    Close
    • 21651-01
    • [The] Law of the Sea
    • Reisman
    • Wed 4:10 PM-6:00 PM
    • 2
    • -
    • open enrollment
    • exam with paper option
    Expand

    [The] Law of the Sea (21651). 2 units. This seminar will consider intensively some current problems concerning combating piracy; maritime boundary delimitation between adjacent or opposite states; procedures for determining the boundaries of outer continental shelves; rights and obligations of states not members of the U.N. Convention on the Law of the Sea; the Arctic and the controversy on whaling. Enrollment will be capped at fifteen. Scheduled examination or paper option. W.M. Reisman.

    Location: SLB - 113 (Wed)
    Grade mode: graded
    CRN: 20434
    Exam: at 9:00 AM
    Name or Id: Name

    Close
    • 21041-01
    • Law, Economics, and Organization
    • Jolls
      Romano
    • Thu 4:10 PM-5:40 PM
    • 1
    • -
    • open enrollment
    • not applicable
    Expand

    Law, Economics, and Organization (21041). 1 unit, credit/fail. This seminar will meet jointly with the Law, Economics, and Organization Workshop, an interdisciplinary faculty workshop that brings to Yale Law School scholars, generally from other universities, who present papers based on their current research. The topics will involve a broad range of issues of general legal and social science interest. Students registering for the seminar and participating in the workshop will receive one unit of ungraded credit per term. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. Short reaction papers will be required during the term. C. Jolls and R. Romano.

    Location: SLB - 121 (Thu)
    Grade mode: credit/fail
    CRN: 20400

    Close
    • 21107-01
    • Law, Environment and Religion: A Communion of Subjects
    • Kysar
      Tucker
      Grim
    • Tue 4:10 PM-6:00 PM
    • 2 or 3
    • -
    • faculty permission
    • not applicable
    Expand

    Law, Environment, and Religion: A Communion of Subjects (21107). 2 units. Thomas Berry once wrote, “The universe is a communion of subjects, not a collection of objects.” One might also insist that the university is a communion of subjects, not a collection of disciplines. Perhaps no subject better illustrates this point than the environment, for to understand and appreciate the environment requires expertise from multiple intellectual traditions, including the history, religion, philosophy, anthropology, aesthetics, economics, political science, and legal studies.

    This course will focus on the scholarship and practice of leading figures working at the intersection of law, environment, and religion, who will be brought to campus to participate in a discussion series that will form the core of the course. In preparation for these visits, teams of students will be assigned to study deeply the writing and actions of a designated speaker. Class sessions during this preparatory phase will resemble a traditional graduate seminar, with readings and discussion designed to stimulate engagement with the most challenging and vital questions facing the “communion” of law, environment, and religion. During the core phase of the course, speakers will interact with students in multiple ways. The central activity will be an in-depth interview led by members of the student team.

    Other students will conduct a podcast interview with the speaker at Yale’s audio recording studio; these podcast interviews, which are intended to engage the speaker in a more personal conversation about his or her life history, values, and worldviews, will be posted on Yale's iTunes University site. One of the conceits of the academy is often that such subjective elements have little bearing on one’s intellectual work. As a result, too little attention is paid within the university to the role of family, community, religion, and other critical biographical factors in shaping one’s ideas. Enrollment limited to twenty-four, of which eight places are for Law students. Permission of the instructors required. Also F&ES 808b/REL 926b. D. Kysar, J.A. Grim, M.E. Tucker.

    Course Selection: In addition to listing this course among permission-of-instructor selections, students should email a CV and brief statement of interest to jennifer.marshall@yale.edu by December 10 at 4:30 p.m.

    Note: Students must attend the first meeting of the course in order to stay enrolled.

    Location: ASH40 - A005 (Tue)
    Grade mode: graded
    CRN: 20410

    Close
    • 21585-01
    • Legal Accounting
    • Baxter
    • Thu 12:10 PM-2:00 PM
    • 2
    • -
    • open enrollment
    • exam required
    Expand

    Legal Accounting (21585). 2 units. This course will introduce the student to (i) financial statements and accounting mechanics, (ii) underlying accounting concepts and principles, and (iii) differences between accountants and lawyers (touching on business organization, the question of who is the client, and ethical standards). Roughly, the first third of the course will concentrate on mastering basic accounting concepts and mechanics. The last two-thirds of the course will introduce the student to various accounting topics, together with related case law, Sarbanes-Oxley provisions, and other legal and practical concerns. Throughout the course, accounting issues will be illustrated by reference to, and analysis of, recent events in the news. By the end of the course, the student should be conversant with basic accounting and major accounting issues, and he/she should be able to understand the accounting implications flowing from legal decisions in such fields as tax, securities and business law. Scheduled examination (answers only). R. Baxter.

    Location: SLB - 128 (Thu)
    Grade mode: graded
    CRN: 20358
    Exam: 5/06/2015 at 9:00 AM SLB: 129
    Questions are not available online
    Name or Id: Id
    Length: 2 hour(s)

    Close
    • 21057-01
    • †Legal Assistance
    • Dineen
    • Fri 12:10 PM-2:00 PM
    • 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Legal Assistance (21057). 3 units, credit/fail. A clinical seminar, using classroom, field work, and simulation experiences in the general area of legal assistance for the poor. Students will work eight to twelve hours per week in a local legal aid office and will attend weekly classroom sessions. The seminar will be practice-oriented, moving from developing solutions for specific client problems to general discussions of landlord-tenant, consumer, domestic relations, welfare, and other legal subjects of special concern to the urban poor, as well as issues of broader social policy. The seminar will also focus on the development of professional responsibility and lawyering skills, such as interviewing, negotiating, counseling, drafting, and litigation. A few placements for criminal defense work in state court may also be available. Enrollment limited to approximately four. F.X. Dineen.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.


    Grade mode: credit/fail
    CRN: 20368

    Close
    • 21392-01
    • †Legislative Advocacy Clinic
    • Pottenger
      Knopp
      Geballe
      Scalettar
    • Fri 10:10 AM-12:00 PM
    • 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Legislative Advocacy Clinic (21392). 3 units, credit/fail. This clinical seminar will give students an opportunity to participate in the state legislative and policy-making processes by advancing – and defending – the interests of a Connecticut public interest organization of their choice. Clinic students may select their projects from a range of options supplied by the faculty, or they may approach the clinic with an organization/cause already in mind. Recently, students in the clinic have focused on public education, juvenile justice, tax policy, and women’s health. One of our long-time clients (Connecticut Voices for Children) is a key player on a broad spectrum of policy issues affecting Connecticut families. The clinic’s work includes both affirmative legislative initiatives and defensive efforts to respond to proposed legislation deemed inimical to the interests of its clients. Issues of ethics and professional responsibility for lawyers working in the legislative arena will be an important focus of this clinic. In the fall term, students will develop policy proposals, participate in training sessions led by some of Connecticut’s most experienced lobbyists, meet with state legislators, and work with their client organizations to identify upcoming legislative issues. Once issues have been chosen for action, students will research the subject, work in coalition with other organizations, prepare and present “white papers,” and meet with legislators. In the spring, students will meet with legislators to get their bills introduced, develop oral and written testimony in support thereof, identify other witnesses, shepherd their bills through the committee process, and work to get them adopted. During the legislative session, students will also monitor other proposed legislation that might affect the clinic’s clients. To allow all students to participate in both the training/issue development and direct action aspects of the clinic’s work, priority will be given to students who commence their participation in the Fall term. Enrollment limited to twelve. J.L. Pottenger, Jr., S.D. Geballe, A.A. Knopp, and E. Scalettar.

    Note: Attendance at the first class meeting is required. A no-drop policy will apply.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 109 (Fri)
    Grade mode: credit/fail
    CRN: 20429

    Close
    • 21596-01
    • †Liman Public Interest Project
    • Resnik
      Kalb
    • 2
    • -
    • experiential
    • not applicable
    Expand

    †Liman Public Interest Project (21596). 2 units, credit/fail. This course will provide students with the opportunity to work on public interest law projects. Subjects have ranged from immigration and criminal justice to poverty law. This year the focus will continue to be on facets of incarceration; ongoing and new projects involve examining where men and women are located in the federal prison system so as to understand the relative opportunities for education and other programs, and thinking more generally about the role of gender in incarceration; studying how prisons use and regulate long-term isolation, both in terms of policies and practices; and considering regional differences in how directors of state prison systems address and manage prisons. Prior projects have included analyzing rules in all fifty states on visiting prisoners and proposing revised policies; exploring how immigration status affects parental interactions with state child welfare agencies; developing educational materials for incarcerated and recently-released people on parental rights and obligations; and researching how state and local tax regimes treat diapers so as to lower costs for low-income families and service providers. Students work in teams and meet regularly with supervisors, and, with permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. The projects sometimes continue for more than one semester and have, on occasion, resulted in published articles. Permission of the instructors required. J. Resnik and J. Kalb.

    Course bidding: In additional to listing this course among experiential course selections, students should submit a short statement of interest (no more than 250 words) and a CV by 4:30 p.m. on December 10, 2014. Selecting this course during pre-registration constitutes authorization for the Registrar’s Office to release a copy of a student’s YLS transcript to the instructors.

    Grade mode: credit/fail
    CRN: 20437

    Close
    • 21534-01
    • Liman Public Interest Workshop: Rationing Law: Subsidizing Access to Justice in Democracies
    • Resnik
      Kalb
    • Mon 6:10 PM-8:00 PM
    • 2
    • -
    • open enrollment
    • exam with paper option
    Expand

    Liman Public Interest Workshop: Rationing Law: Subsidizing Access to Justice in Democracies (21534). 2 units, credit/fail, with a graded option. This workshop will consider how law is currently rationed. In the United States and elsewhere, constitutional and statutory commitments to access to courts and enforcement of rights are challenged by high demands for services, high arrest and detention rates, and declining government budgets. Our topics and questions address two kinds of access: of litigants to use the system and of the public to know about the processes and outcomes of the judgments rendered. Our plan is to examine, comparatively, how courts, litigants, and criminal justice detention are financed; when and where government subsidies are deployed; the sources of the high demand for civil and criminal litigation; and how and why certain kinds of cases give rise to claims of “litigiousness,” “over-criminalization,” and “excessive” punishment. At issue are controversies over subsidies for civil and criminal litigants (counsel, experts, transcripts, interpreters and other forms of assistance); whether "paths to justice" should focus on lawyers and courts or on other forms of services and service providers; the roles played by gender, race, ethnicity, age, and class in courts; efforts to remodel courts to address certain kinds of claims (veterans, mental health, drugs, reentry, family, business); obligations of “open courts”; and the roles, rights, and functions of third partices -- the public and media. The comparisons will include differences in state and federal, domestic and transnational, civil and criminal, and administrative and judicial proceedings. Throughout, we will look at how social and political movements have affected and do affect our understandings of what constitutes fairness and justice. All students participating credit/fail must submit six comments on readings. For graded credit, students will write a paper of no more than twenty pages on a topic of their choice related to the seminar and drawing upon the course materials. If students want to use the paper for Supervised Analytic Writing or Substantial Paper credit, they may do so, with permission of the instructors, and also receive an additional unit of credit. J. Resnik and J. Kalb.

    Location: SLB - 124 (Mon)
    Grade mode: graded or credit/fail
    CRN: 20436
    Exam: 5/04/2014 - 5/14/2014
    Questions available online
    Name or Id: Id
    Notes: Length: Entire exam period.

    Close
    • 21547-01
    • Local Government in Action: San Francisco Affirmative Litigation Project
    • Gerken
      Dawson
    • Wed 6:10 PM-8:00 PM
    • 1
    • -
    • experiential
    • not applicable
    Expand

    Local Government in Action: San Francisco Affirmative Litigation Project (21547). 1 unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Affirmative Litigation Task Force in the San Francisco City Attorney's Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, assist in filing a case, or help litigate one already underway. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area; the working groups will be designed to accommodate student interests and preferences. Each working group will either develop and propose a potential lawsuit, or assist in one of the City’s ongoing affirmative litigation cases. Permission of the instructors required. H. Gerken and J. Dawson.

    Course Selection: List this clinic among your experiential course selections. If you would like to enroll, please send one paragraph on why you are interested in local government work as well as your resume to James Dawson (james.dawson@yale.edu) by December 10, 4:30 p.m.

    Location: SLB - 122 (Wed)
    Grade mode: graded or credit/fail
    CRN: 20386

    Close
    • 21152-01
    • *†Lowenstein International Human Rights Clinic
    • Silk
      Metcalf
      Kwon
    • Mon 10:10 AM-12:00 PM
      Fri 10:10 AM-12:00 PM
    • 4
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Lowenstein International Human Rights Clinic (21152). 4 units, credit/fail. Students will work on a variety of human rights projects, generally in support of advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will include an overview of basic human rights standards and their application; instruction in human rights research and writing skills; and critical examination of approaches to human rights advocacy and enforcement. The clinic will have one or more student directors. Enrollment limited to eighteen. Permission of the instructors required. J.J. Silk, S. Kwon, and H.R. Metcalf.

    Course Bidding Information: In addition to listing this clinic among experiential course selections, students interested in applying for the Lowenstein Clinic should submit a resume and a short statement of interest to barbara.mianzo@yale.edu no later than 4:30 p.m. on December 10. The statement should be no longer than one single-spaced page. It should primarily explain why you are interested in participating in the Clinic and should also include a brief summary of any experiences (employment, classes, volunteer activities) that would be relevant to international human rights work. Please indicate any foreign language ability. LL.M. students are eligible for the clinic but should consult with the instructor before enrolling.

    Location: SLB - 110 (Mon)
    SLB - 110 (Fri)
    Grade mode: credit/fail
    CRN: 20444

    Close
    • 21627-01
    • *†Media Freedom and Information Access Clinic
    • Schulz
      Balkin
      Manes
    • Tue 2:10 PM-4:00 PM
    • 2 or 3
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Media Freedom and Information Access Clinic (21627). 2 or 3 units, credit/fail for students in their first semester, graded for students in their second semester. Students in the clinic will work on all aspects of cases involving press freedom, open government, free speech, and related issues. Clients include investigative journalists, traditional and new media organizations, activists, advocacy organizations, researchers and academics. Pending matters typically include litigation under the First Amendment and Freedom of Information laws in both federal and state courts. The clinic's cases involve a diverse array of issues, focusing in particular on national security, surveillance, privacy, technology and government accountability. Students may also have the opportunity to engage in non-litigation advocacy and client counseling. The seminar will focus on substantive law, case discussions, skills training, and ethical issues. Students will have the opportunity to write related research papers. Enrollment limited to sixteen. Permission of the instructors required. D. Schulz, J. Manes, and J.M. Balkin.

    Course Bidding Information: Students who list this course among their experiential course selections should also submit a statement of interest and CV by December 10, 4:30 p.m. Students should also indicate if they have previously applied to the course.

    Location: ASH40 - A420 (Tue)
    Grade mode: graded or credit/fail
    CRN: 20442

    Close
    • 21678-01
    • *Military Justice
    • Fidell
    • Mon 4:10 PM-5:35 PM
      Wed 4:10 PM-5:35 PM
    • 3
    • Professional Responsibility,

      New York Bar Professional Responsibility
    • open enrollment
    • paper required
    Expand

    *Military Justice (21678). 3 units. This course will explore the character and function of military justice today. Topics will include the constitutional rights of military personnel; court-martial jurisdiction and offenses; trial and appellate structure and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; lawful and unlawful command influence; the role of custom; and punishment. Current issues such as the treatment of sexual offenses, military commissions, government contractors and other civilians, command accountability, military justice on the battlefield, judicial independence, and the application of international human rights norms to military justice will be addressed. The class will consider issues of professional responsibility, how the military justice system can be improved, and what, if anything, can be learned from the experience of other countries. The primary text will be Fidell, Hillman & Sullivan, Military Justice: Cases and Materials (LexisNexis, 2d ed., 2012). Paper required. E. R. Fidell.

    Location: SLB - 122 (Mon)
    SLB - 122 (Wed)
    Grade mode: graded
    CRN: 20379

    Close
    • 21671-01
    • †Mortgage Foreclosure Litigation Clinic
    • Pottenger
      Gentes
    • Wed 10:10 AM-12:00 PM
    • 2 or 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Mortgage Foreclosure Litigation Clinic (21671). 2 or 3 units, credit/fail. Students in this clinical seminar will represent homeowners fighting foreclosure in Connecticut state courts. They will conduct motion practice and discovery, including legal research and writing. Although this is primarily a litigation clinic, many of the clients are also participating in court-annexed mediation, in an effort to restructure their mortgages, so students will also gain experience in client counseling and ADR. Students will also provide brief advice and assistance to pro se homeowners at the courthouse. Enrollment limited to twelve. J.L. Pottenger, Jr., and J. Gentes.

    Note: Attendance at first class meeting is required. A no-drop policy will apply.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 110 (Wed)
    Grade mode: credit/fail
    CRN: 20428

    Close
    • 21056-01
    • Nonprofit Organizations Clinic
    • Simon
      Lindsay
      Davis
      Agsten
    • Fri 1:10 PM-3:00 PM
    • 1 or 2
    • -
    • experiential
    • not applicable
    Expand

    Nonprofit Organizations Clinic (21056). 1 or 2 units, credit/fail. This clinical workshop will serve the needs of nonprofit organizations, nascent and established, that require help in the process of organization and incorporation, in obtaining tax exemption, and solving ongoing legal problems--organizations that cannot afford to retain private counsel. The class will meet as a group on six Fridays during the term. *Students who take the clinic for 2 units and who attend two professional responsibility sessions will satisfy the professional responsibility requirement. †Students may satisfy the professional skills requirement through this course only if they receive 2 or more units. Also MGT 695b. J.G. Simon, M. Agsten, L.N. Davis, and B.B. Lindsay.

    Location: SLB - 121 (Fri)
    Grade mode: credit/fail
    CRN: 20446

    Close
    • 21218-01
    • Organizations: Supervised Research
    • Hansmann
    • 3
    • -
    • faculty permission
    • paper required
    Expand

    Organizations: Supervised Research (21218). 3 units. Recent decades have brought rapid and continuing innovation in organizational forms and organizational law for commercial, private noncommercial, and governmental enterprise. This supervised reading course will offer students a chance to explore aspects of these developments that interest them. Among the many topics that might serve as a focus for research are: the functions served by a separate body of organizational law; the disappearing boundary between organizational law and contract law; transactions on the firm/contract boundary, such as asset securitization; evolving forms such as LLCs, statutory trusts, and cell companies; the organization of mutual funds, hedge funds, and private equity firms; social enterprise and the development of special hybrid nonprofit/for-profit forms to promote it; the often vague distinction between governmental (public) and non-governmental (private) organizational forms and their respective roles; the contemporary evolution of governmental forms such as municipalities and special-purpose governments; the breakdown of the partnership form and the struggle over alternative forms for law practice and other service industries; and the changing structure of marriage and civil unions. Substantial or Supervised Analytic Writing credit available. Enrollment limited. Prerequisite: Business Organizations. Paper required. Enrollment limited. Permission of the instructor required. H. Hansmann.

    Course Selection: In addition to listing this course among permission-of-the instructor selections, students should also submit a statement of interest and a CV by December 10 at 4:30 p.m. Listing this course among permission-of-instructor selections authorizes the Registrar's Office to release an unofficial copy of the student's law transcript to the instructor.

    Grade mode: graded
    CRN: 20392

    Close
    • 21759-01
    • [The] Original Jurisdiction of the Supreme Court
    • Fidell
    • Tue 4:10 PM-6:00 PM
    • 2
    • -
    • open enrollment
    • paper required
    Expand

    [The] Original Jurisdiction of the Supreme Court (21759). 2 units. Focusing on a few fascinating cases, this course will examine a little-studied but critical part of the work of the Supreme Court of the United States. Under Article III, § 2, cl. 2 of the Constitution, the original jurisdiction extends to “all Cases affecting Ambassadors, other public Ministers and Consuls and those in which a State shall be a party.” We will closely analyze parties’ submissions as well as the Court’s decisions in the cases studied. Of particular interest are the historical background for and scope of the constitutional grant of jurisdiction; the important role of the original jurisdiction in the constitutional plan and its interaction with other provisions of the Constitution and the Court’s far broader discretionary appellate jurisdiction; Congress’s power with respect to the original jurisdiction; the sources of law to which the Court turns; the procedures it employs; and emerging issues. Paper required. E.R. Fidell.

    Location: SLB - 108 (Tue)
    Grade mode: graded
    CRN: 20380

    Close
    • 21408-01
    • [The] Philosophy of Law II
    • Yaffe
    • Mon 10:35 AM-12:00 PM
      Wed 10:35 AM-12:00 PM
    • 3
    • -
    • open enrollment (25)
    • exam with paper option
    Expand

    [The] Philosophy of Law II (21408). 3 units. This course concerns philosophical topics that arise in connection with particular areas of law. Such topics include the justification of criminal punishment; discrepancy in punishment of attempted and completed crimes; the relevance of ignorance of the law to criminal responsibility; self-defense and other forms of preventive violence; the rationale for double-jeopardy restrictions; the conception of justice of import to tort law; the concepts of causation and intention in tort law; the relationship between promises and contracts; the fundamental rationale for property rights; the grounds for and nature of the individualization of the reasonable person standard; the rationale for variations in standards of proof across areas of law. A selection of such topics will be examined through consideration of both philosophical essays written about them and legal materials that bear on them. Paper required. Enrollment capped at twenty-five. Also PHIL 715b. G. Yaffe.

    Location: SLB - 122 (Mon)
    SLB - 122 (Wed)
    Grade mode: graded
    CRN: 20468
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21267-01
    • Philosophical Perspectives on Law and Politics
    • Shpall
    • Wed 4:10 PM-6:00 PM
    • 2
    • -
    • limited enrollment
    • exam with paper option
    Expand

    Philosophical Perspectives on Law and Politics (21267). 2 units. This course will explore recent works of social and political philosophy with the aim of evaluating their relevance to the formation of law and public policy. The guiding question of the course is: can sustained philosophical analysis be useful in shaping our ideas about contentious legal and political issues? Alternatively: is contemporary philosophy relevant to the concerns of lawyers and policymakers? We will discuss a wide range of philosophical issues, and also draw on work from various academic disciplines besides philosophy. Topics will include: implicit bias and epistemic injustice; pornography and objectification; the moral limits of economic markets; race, criminal justice, and integration; and the relationship between propaganda and democracy. Short paper encouraged or optional self-scheduled examination. Enrollment limited to twenty. S. Shpall.

    Note: You may browse the syllabus for this course through the YLS:Inside course site.

    Location: SLB - 108 (Wed)
    Grade mode: graded
    CRN: 23970
    Exam:
    Name or Id: Id

    Close
    • 21459-01
    • Poverty and Work
    • Jolls
    • Thu 11:10 AM-1:00 PM
    • 2
    • -
    • open enrollment
    • not applicable
    Expand

    Poverty and Work (21459). 2 units. This course will explore the major legal issues at the intersection of poverty and work. It will overview the historical and contemporary legal treatment of poverty under the Constitution and federal and sub-federal legislation. It will address the relationship between poverty and disability, with attention as well to the relationship between poverty and race, sex, and national origin. It will consider non-traditional approaches to combating poverty, including international perspectives. Throughout, the course will focus on the role of, and the challenges associated with, legal support for meaningful employment for individuals living in poverty. The written work required for the course will be four four-page analytic essays on course concepts and materials. Students interested in completing their Substantial Paper in connection with the written work required for the course may do so with the permission of the instructor. C. Jolls.

    Location: SLB - 129 (Thu)
    Grade mode: graded
    CRN: 20401

    Close
    • 21336-01
    • Power, Status and Negotiation
    • Eigen
    • Mon 4:10 PM-5:35 PM
      Wed 4:10 PM-5:35 PM
    • 3
    • -
    • open enrollment
    • not applicable
    Expand

    Power, Status and Negotiation (21336). 3 units. This course will introduce participants to social exchange theory and its application to negotiations. We will first work to understand how structures of networks and resource dependence influence outcomes of negotiated and reciprocal exchange. To do this, we will study four components of social exchange theory: resources, power, brokerage, and status. We evaluate questions such as: When are actors more or less likely to resort to coercive power? When are they more likely to resort to reward power? Which is more effective? How does status impact power and exchange outcomes? We then study how negotiation processes may be informed by structure in influencing outcomes of exchange. Here we evaluate when and how actors influence outcomes in their negotiations using information about network structures and resource dependence models. Students participate in five negotiation exercises in and out of class, and complete written assignments based on these exercises and the reading materials. Z. Eigen.

    Location: ASH40 - A005 (Mon)
    ASH40 - A005 (Wed)
    Grade mode: graded
    CRN: 20349

    Close
    • 21497-01
    • Private Law and Public Order
    • Markovits
    • Thu 12:10 PM-2:00 PM
    • 2 or 3
    • -
    • limited enrollment
    • paper required
    Expand

    Private Law and Public Order (21497). 2 or 3 units. This seminar will address the role played by private law in supporting and sustaining social stability in open, cosmopolitan societies. The course materials will address both legal doctrine and economic, moral, and political theory. For much of the term, the seminar will proceed as a workshop, at which outside speakers present manuscripts to be discussed with the students. Sessions toward the end of the term will be devoted to student work. Paper required. Enrollment limited. D. Markovits.

    Location: SLB - 121 (Thu)
    Grade mode: graded
    CRN: 20414

    Close
    • 21760-01
    • Products Liability
    • Kysar
    • Thu 12:10 PM-2:00 PM
    • 2 to 3
    • -
    • limited enrollment (16)
    • paper required
    Expand

    Products Liability (21760). 2 or 3 units. This seminar will examine the law of products liability, giving attention both to doctrinal and to theoretical aspects of the field. In addition to regular attendance and active participation in class discussion, students will undertake a research project to fulfill the course requirements. For research papers of appropriate scope and ambition, Substantial Paper (2 units, graded) or Supervised Analytic Writing (3 units, graded) certification will be available. Although we will focus on products liability during class sessions, students may pursue research papers that concern any aspect of torts or consumer protection. A research memorandum option (2 units, graded or credit/fail, no Substantial Paper or Supervised Analytic Writing certification) also will be available to fulfill the course research project requirement. Paper required. Enrollment limited to sixteen. D. Kysar.

    Note: First-day attendance required.

    Location: SLB - 109 (Thu)
    Grade mode: graded
    CRN: 20409

    Close
    • 21297-01
    • *Professional Responsibility
    • Markovits
    • Tue 2:10 PM-3:35 PM
      Thu 2:10 PM-3:35 PM
    • 3
    • Professional Responsibility,

      New York Bar Professional Responsibility
    • open enrollment
    • exam required
    Expand

    *Professional Responsibility (21297). 3 units. This course will take up the central doctrines of the law governing lawyers and place lawyering, as constructed through these doctrines, in a broader moral and especially political context. The course will thus take up the positive law and also the sociological and philosophical analysis of the legal profession and the lawyer's social role. The course's central theme will concern the contribution that partisan lawyering makes to the rule of law. Self-scheduled examination. D. Markovits.

    Location: SLB - 121 (Tue)
    SLB - 121 (Thu)
    Grade mode: graded
    CRN: 20415
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)

    Close
    • 21409-01
    • Property
    • Priest
    • Tue 2:10 PM-4:00 PM
      Thu 2:10 PM-4:00 PM
    • 4
    • -
    • open enrollment
    • exam required
    Expand

    Property (21409). 4 units. This course will inquire into a pervasive set of human institutions--the arrangements for getting, controlling, using, transferring, and forfeiting resources in the world around us. The course will begin by exploring what property regimes are and the range of purposes they might serve, and then move through the topics of acquisition, transfer, shared interests, and limitations on property. While the main focus will be property in land, the class will discuss the implications of property in other resources, such as wild animals, body parts, water, and information. The course will also examine recording and other notice-giving devices, interests in land over time, easements and deed restrictions, planned communities and "private government," and public land-use regulation. Self-scheduled examination. C. Priest.

    Location: SLB - 129 (Tue)
    SLB - 129 (Thu)
    Grade mode: graded
    CRN: 20432
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 3 hour(s)

    Close
    • 21088-01
    • †Prosecution Externship and Instruction
    • Stith
      Brennan
      Silverman
    • Wed 3:30 PM-5:20 PM
    • 2 or 3
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Prosecution Externship and Instruction (21088). 2 or 3 units, credit/fail. Students in this clinical externship will assist state or federal prosecutors with their responsibilities, both before and at trial. Placements are available in New Haven and surrounding cities and in a variety of fields, including misdemeanors, felonies, or specialized areas such as career criminal, traffic, or appellate work. Weekly sessions will range from discussions of assigned readings to field trips to prisons, police laboratories, etc. Students will be required to keep journals and time records. Placements at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Applications and interviews for the State’s Attorney placements will take place during the first week of the term. Although enrollment is limited and permission of the instructor is required, timing and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. K. Stith and L. Brennan.

    Course Bidding Information: Select this course as your lowest weight among experiential course selections. Open only to students who have been pre-selected to participate. Do not select this course during pre-registration if you are not one of those students.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Note: The first class meeting will be in the Faculty Lounge on Wednesday, January 21. Thereafter, the class will meet at the U.S. Attorney's Office.


    Grade mode: credit/fail
    CRN: 20478

    Close
    • 50100-01
    • RdgGrp: America 2050
    • Gewirtz
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25582

    Close
    • 50100-02
    • RdgGrp: American Legal Thought
    • Kysar
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25583

    Close
    • 50100-03
    • RdgGrp: Animal Law
    • Kysar
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25584

    Close
    • 50100-04
    • RdgGrp: Campaign Finance
    • Gerken
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25585

    Close
    • 50100-05
    • RdgGrp: Civil Recourse
    • Kysar
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25586

    Close
    • 50100-06
    • RdgGrp: CivilLib & CanadianLaw
    • Days
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25587

    Close
    • 50100-07
    • RdgGrp: Comparative PrivateLaw
    • Whitman
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25588

    Close
    • 50100-08
    • RdgGrp: Consumer Law
    • Eskridge
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25589

    Close
    • 50100-10
    • RdgGrp: Education Law & Policy
    • Forman
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25591

    Close
    • 50100-11
    • RdgGrp: Inequality
    • Grewal
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25592

    Close
    • 50100-12
    • RdgGrp: Intro to Wine Law
    • Chua
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25593

    Close
    • 50100-13
    • RdgGrp: Investing and the Law
    • Chua
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25594

    Close
    • 50100-14
    • RdgGrp: Law and Society
    • Kohler-Hausmann
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25595

    Close
    • 50100-15
    • RdgGrp: Media Law & Regulation
    • Balkin
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25596

    Close
    • 50100-17
    • RdgGrp: Partnership Tax
    • Listokin
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25598

    Close
    • 50100-18
    • RdgGrp: Racialized Policing
    • Forman
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25599

    Close
    • 50100-09
    • RdgGrp: RBG CrimLawLensHip Hop
    • Kahan
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25590

    Close
    • 50100-19
    • RdgGrp: Tech&InternetLawPolicy
    • Balkin
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25600

    Close
    • 50100-21
    • RdgGrp:DebatesFeministPhil&Law
    • Schultz
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25601

    Close
    • 50100-22
    • RdgGrp:Ethics & Rights Theory
    • Yaffe
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25602

    Close
    • 50100-23
    • RdgGrp:GenderBasedViolence&Law
    • Siegel
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25603

    Close
    • 50100-24
    • RdgGrp:IntlLaw&IntellGathering
    • Balkin
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25604

    Close
    • 50100-25
    • RdgGrp:Legl&LiteraryConstAsnAm
    • Ahmad
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25605

    Close
    • 50100-26
    • RdgGrp:LwyrngSpnishCommunities
    • Wishnie
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25606

    Close
    • 50100-27
    • RdgGrp:NinthCircuitRules&Pract
    • Dawson
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25607

    Close
    • 50100-28
    • RdgGrp:Textualism&Alternatives
    • Priest
    • 1
    • Supervised Research/ Reading Group
    • open enrollment
    • not applicable
    Expand

    Grade mode: credit/fail
    CRN: 25608

    Close
    • 21347-01
    • Rebuilding Government
    • Sabel
    • Wed 4:10 PM-6:00 PM
    • 3
    • -
    • open enrollment
    • paper required
    Expand

    Rebuilding Government (21347). 3 units. Confidence in the capacity of large, administrative bureaucracies to deliver services or make effective rules is long gone. A partial response was the turn to market-mimicking mechanisms such as cap-and-trade systems and vouchers. More recently doubt has extended to the ability of individuals to make rationally self-interested decisions in markets. The resigned response is to “nudge.”

    The premise of this seminar is that alongside these developments, and often obscured by them, there is emerging a form of post-bureaucratic service provision and regulation in the United States, the European Union, and in some transnational regimes. The forward-looking or dynamic accountability afforded by these institutions encourages local experimentation while allowing for rapid correction of failure and the generalization of success. New governance of this kind systematically provokes doubt about its own assumptions and practices by comparing different approaches to advancing shared, general aims. It works. Institutions that embody it can help restore confidence that a modern state can help citizens address risks that they cannot bear alone.

    The seminar will establish the theoretical foundations for these claims. Case studies of post-bureaucratic service provision (child welfare, K-12 schooling, and policing) and regulation (food safety, off-shore drilling for oil and gas, financial markets) develop and substantiate the core ideas. The concluding sessions present reasons for and against the claim that these emergent institutions can be a key component in the renewal of the welfare state and representative democracy. There is attention throughout to ways in which the new forms of accountability inherent in post-bureaucracy are reshaping the roles of the legislature and courts. Students will be required to prepare a seminar-length paper either assessing the ideas presented, applying them to an area of interest, or showing why developments in a particular domain are counterexamples. Paper required. Enrollment capped at fifteen. C. Sabel.

    Location: SLB - 109 (Wed)
    Grade mode: graded
    CRN: 20350

    Close
    • 21486-01
    • Research Methods in American Law
    • Krishnaswami
      Eiseman
      Nann
      Jefferson
      VanderHeijden
    • Wed 1:10 PM-3:00 PM
    • 1
    • Partial Satisfaction of Skills Requirement
    • open enrollment
    • not applicable
    Expand

    Research Methods in American Law (21486). 1 unit, credit/fail. This course, formerly Efficient Techniques in Legal Research, will instruct students in basic legal research skills, including researching and updating federal case law, administrative law and secondary sources, using online resources. Students will be required to complete a series of short research assignments. The course will meet once weekly for the first half of the term. The skills requirement (†) may be satisfied by taking this course with another 1 unit legal research course. J. G. Krishnaswami, J.B. Nann, J. Eiseman, M. VanderHeijden, J. Jefferson, and C. Kellett.

    Note: Students are required to attend the first class meeting or communicate their intent to enroll in the course to the instructor prior to the first day of class.

    Location: SLB - 109 (Wed)
    Grade mode: credit/fail
    CRN: 20408

    Close
    • 21080-01
    • †Research Methods in American Legal History
    • Nann
      Shapiro
      Widener
    • Wed 10:10 AM-12:00 PM
    • 2
    • Professional Skills
    • open enrollment
    • paper required
    Expand

    †Research Methods in American Legal History (21080). 2 units. This seminar will examine the methods and major materials used in American historical legal research, whether for scholarly pursuits or professional advocacy. It will cover early judicial, statutory, and constitutional sources; court records; government documents; biographical materials and personal papers of lawyers and judges; other manuscript collections; and early sources of U.S. international law and civil law. Paper required. S.B. Kauffman, J.B. Nann, F. Shapiro, and M. Widener.

    Location: SLB - 113 (Wed)
    Grade mode: graded
    CRN: 20418

    Close
    • 21141-01
    • [The] Science of Science Communication
    • Kahan
    • Tue 10:10 AM-12:10 PM
    • 2
    • -
    • faculty permission
    • paper required
    Expand

    [The] Science of Science Communication (21141). 2 units. The simple dissemination of valid scientific knowledge does not guarantee it will be recognized by non experts to whom it is of consequence. The science of science communication is an emerging, multidisciplinary field that investigates the processes that enable ordinary citizens to form beliefs consistent with the best available scientific evidence, the conditions that impede the formation of such beliefs, and the strategies that can be employed to avoid or ameliorate such conditions. This seminar will survey, and make a modest attempt to systematize, the growing body of work in this area. Special attention will be paid to identifying the distinctive communication dynamics of the diverse contexts in which non experts engage scientific information, including electoral politics, governmental policymaking, and personal health decision making. Paper required. Permission of the instructor required. Also PSYC 601b/F&ES 862b/HPM 601b. D.M. Kahan.

    Note: This seminar will meet according to the Graduate School calendar. An alternate session will be held to accommodate Law students who miss the first class.

    Course Selection: In addition to listing this course among permission-of-instructor selections, students should also submit a statement of interest by 4:30 p.m. on December 10, 2014.

    Location: SLB - 124 (Tue)
    Grade mode: graded
    CRN: 20404

    Close
    • 21095-01
    • Sentencing
    • Doherty
      Russell
    • Fri 2:10 PM-4:00 PM
    • 3
    • -
    • limited enrollment
    • paper required
    Expand

    Sentencing (21095). 3 units. This seminar will examine the history, philosophy, and administration of the criminal sentencing process. We will study both state and federal sentencing systems, exploring the discretionary powers of judges and prosecutors in these systems and the ways in which discretion is constrained. The seminar will pay particular attention to the history of the United States Sentencing Guidelines and study how these guidelines have been applied in individual cases. We will also examine the relationship between sentencing guidelines and the criminal code; the interplay between principles of proportionality, severity, and parsimony; and the impact of race, class, and gender on sentencing outcomes. Paper required. Enrollment limited. F.M. Doherty and S. F. Russell.

    Location: SLB - 124 (Fri)
    Grade mode: graded
    CRN: 20369

    Close
    • 21489-01
    • Specialized Legal Research in Corporate Law
    • Chisholm
    • Tue 4:10 PM-6:00 PM
    • 1
    • -
    • open enrollment
    • not applicable
    Expand

    Specialized Legal Research in Corporate Law (21489). 1 unit, credit/fail. This course will include both lecture and discussion on methods and sources in corporate law, including securities law and criminal prosecutions of corporate fraud. Secondary sources will be emphasized, but basic finding-skills will also be addressed: case-finding; statutes-finding; locating legislative histories; and locating administrative materials. Online, print, and other resources will be considered throughout. Three guest speakers are scheduled: one who will present non-law business databases, another who will provide an introduction to reading a financial report, and a third guest (an Assistant U.S. Attorney and YLS alumnus) who will address the use of secondary sources in legal research generally, and with special attention to securities law and corporate fraud. This course will meet weekly for seven weeks in the first half of the erm. The skills requirement (†) may be satisfied by taking this course with another 1-unit legal research course. S.B. Kauffman and M. Chisholm.

    Location: SLB - 113 (Tue)
    Grade mode: credit/fail
    CRN: 20485

    Close
    • 21380-01
    • Sports Law: Seminar
    • Winter
    • Mon 2:10 PM-4:00 PM
    • 2
    • -
    • open enrollment
    • exam with paper option
    Expand

    Sports Law: Seminar (21380). 2 units. An examination of the law relating to the organization of amateur and professional sports with the principal emphasis on the common law, antitrust, labor law, and intellectual property law. The economics of organizational problems will also be discussed. Scheduled examination or paper option. R.K. Winter.

    Location: SLB - 122 (Mon)
    Grade mode: graded
    CRN: 20487
    Exam: 5/07/2015 at 9:00 AM SLB: 128
    Questions available online
    Name or Id: Id

    Close
    • 21262-01
    • *†Supreme Court Advocacy
    • Greenhouse
      Balkin
      Pincus
      Rothfeld
    • Wed 6:10 PM-8:00 PM
    • 3
    • Professional Responsibility,

      Professional Skills
    • experiential (12)
    • not applicable
    Expand

    *†Supreme Court Advocacy (21262). 6 units (3 fall, 3spring). This course is a continuation of the fall clinic and is open only to those who have completed the clinic’s fall term. Enrollment limited to twelve. Permission of instructors required. L. Greenhouse, A. Pincus, C. Rothfeld and J.M. Balkin.

    Course Bidding Information: Only continuing students should list this course among their experiential course selections; list the course as the lowest bid among the experiential selections. No new students will be accepted for the spring.

    Location: SLB - 124 (Wed)
    Grade mode: graded
    CRN: 20389

    Close
    • 21758-01
    • Sustainability: Environment, Energy, and the Economy in the Twenty-First Century
    • Esty
    • Mon 4:10 PM-6:00 PM
    • 2 or 3
    • -
    • limited enrollment
    • paper required
    Expand

    Sustainability: Environment, Energy, and the Economy in the Twenty-First Century (21758). 2 or 3 units.This course will aim to provide students with an opportunity to explore the interlocking set of challenges that stem from society’s desire for low-cost, clean energy that can support a vibrant economy and the simultaneous need to reduce pollution, address climate change, conserve natural resources, and address the other negative impacts of industrialization and economic growth. The seminar will review the data and analysis that flow from the Earth’s recent economic growth trajectory -- and the origins of sustainability thinking from Aldo Leopold to Rachel Carson to Gro Harlem Brundtland. It will then unpack the ecological, political, economic, legal, institutional, and historical elements of sustainability as an over-arching concept that might provide an alternative path forward. The 2015 version of this course is designed for law and environment school students interested in digging into various aspects of the “sustainability imperative” and in helping to develop an undergraduate sustainability course to be offered in 2016. Paper required. Enrollment limited to eighteen, with eight places allotted to Law students. Also F&ES 842b. D.C. Esty.

    Location: SLB - 124 (Mon)
    Grade mode: graded
    CRN: 20377

    Close
    • 21649-01
    • Topics in Behavioral Law and Economics
    • Jolls
    • Thu 1:10 PM-3:00 PM
    • 2
    • -
    • limited enrollment
    • paper required
    Expand

    Topics in Behavioral Law and Economics (21649). 2 units. This course will explore a range of issues at the intersection of law and human behavior, including people's conduct under risk and uncertainty; the commitment to fairness; social influences; adaptation; subjective well-being; and implicit bias. Some discussion will be devoted to the uses and limits of paternalism and to the ability of the legal system to accommodate and respond to what we know about human behavior. The course materials will consist of articles from the social science and legal literatures. Paper required. The paper for this course may be used in satisfaction of either the Supervised Analytic Writing requirement (in which case the course should be taken for 3 rather than 2 units) or the Substantial Paper requirement. Enrollment limited. C. Jolls.

    Note: This course will meet on alternating Thursdays throughout the term.

    Location: SLB - 124 (Thu)
    Grade mode: graded
    CRN: 20402

    Close
    • 21460-01
    • Treaties and Other International Agreements in International and National Law
    • Reisman
      Brilmayer
    • Mon 4:10 PM-6:00 PM
    • 2
    • -
    • open enrollment
    • exam with paper option
    Expand

    Treaties and Other International Agreements in International and National Law (21460). 2 units. The focus will be on the law of treaties and other international agreements from the perspective of international law and United States constitutional law. At that interface, we will be especially concerned with the making of agreements and their incorporation; the termination of agreements; the effect of provisional application regimes; modus vivendi and unratified agreements. Enrollment will be capped at twenty-five. Scheduled examination or paper option. L. Brilmayer and W. M. Reisman.

    Location: SLB - 110 (Mon)
    Grade mode: graded
    CRN: 20433
    Exam: 5/08/2015 at 9:00 AM SLB: 128
    Questions available online
    Name or Id: Name
    Length: 4 hour(s)
    Notes: Use your name.

    Close
    • 21183-01
    • †Trial Practice
    • Wizner
      Pottenger
    • Tue 6:10 PM-8:30 PM
    • 2
    • Professional Skills
    • experiential
    • not applicable
    Expand

    †Trial Practice (21183). 2 units, credit/fail. An introduction to trial evidence and to the techniques and ethics of advocacy in civil and criminal trials. Students will act as lawyers in simulated trial situations. The instructors will be judges and experienced trial lawyers from the community will provide instruction and critique. J.L. Pottenger and S. Wizner.

    Note: Attendance at the first class meeting is mandatory.

    Location: SLB - 120 (Tue)
    Grade mode: credit/fail
    CRN: 20466

    Close
    • 21769-01
    • U.S. Food Law and Policy
    • Broad Leib
    • Wed 3:10 PM-5:00 PM
    • 2
    • -
    • open enrollment
    • paper required
    Expand

    U.S. Food Law and Policy (21769). 2 units. This seminar will present an overview of topics in food law and examine how these laws shape what we eat. In recent years, increasing attention has been paid to a range of issues influencing the food system from farm to fork to landfill. In just the past year, major news stories have covered the federal farm bill, state genetically-modified organism (GMO) labeling laws, food safety outbreaks in China, and the misleading and unregulated terrain of expiration dates.

    This course will put these events in context as we will examine the laws and regulations that govern the foods and beverages we grow, raise, produce, transport, buy, sell, distribute, share, cook, eat, and drink. Course readings will focus on the legislation, regulations, and case law affecting various pieces of the food chain. Each class will begin with ensuring a shared understanding of the relevant sources of law before delving into policy considerations and discussions of what the law could and should be.

    Some of the overall themes that this course addresses are the environmental, health, and safety impacts of current methods of food production and distribution; the lack of a comprehensive U.S. food policy and the challenges posed by our fragmented regulatory framework; and the ongoing debate between personal vs. corporate vs. societal responsibility for diet-related disease and the ways in which this debate plays out in legislatures and courtrooms across the country.

    The course will be particularly rich, because the laws related to the food system span various agencies and topics at all levels of government. We will concentrate on food law in the United States, but will also occasionally discuss the impacts of U.S. food policy on other nations as well as compare U.S. food laws to international examples.

    The reading materials for the course will be provided in a course reader, and will include various cases, statutes, regulations, book chapters, and scholarly articles from a range of disciplines that present diverse viewpoints on the topics presented. The course is intended to spark debate between different sides of these often controversial issues.

    The seminar is open to any student interested in food law and policy, and no background or prerequisites are required. There will be no examination; instead, students will be required to participate in one in-class debate and will have a choice of either submitting 4 short (~5 page) response papers during the semester or one longer (~20 page) research paper at the end of the semester. Students will sign up in advance for the weeks they wish to submit response papers, or will let the instructor know that they plan to submit a longer research paper. Students will also be asked to post food law and policy current events on the course site so that we can track the ways in which the laws we are discussing in class are playing out moment to moment across the nation and the world. Paper required. Enrollment capped at twenty. E. Broad Leib.

    Location: SLB - 124 (Wed)
    Grade mode: graded
    CRN: 23745

    Close
    • 21113-01
    • United States Legal History: Directed Reading
    • Witt
    • Mon 2:10 PM-4:00 PM
    • 2
    • -
    • limited enrollment (20)
    • paper required
    Expand

    U.S. Legal History: Directed Reading (21113). 2 units. This seminar will take up readings in the history of law in British North America and the United States from European contact into the 1960s and 1970s. Topics include law in the colonies and among Native peoples; legal controversies of the American Revolution and the Constitution; the laws of capitalism and slavery; the jurisprudence of the Civil War and Reconstruction; legal education and the legal profession; the rise of the administrative state; and the civil rights revolution and its aftershocks. Paper required. Enrollment limited to 20. Also HIST 762b. J.F. Witt.

    Note: This seminar will meet according to the Law School calendar.

    Location: SLB - 109 (Mon)
    Grade mode: graded
    CRN: 20479

    Close
    • 21100-01
    • U.S. International Taxation
    • Samuels
    • Wed 4:10 PM-6:00 PM
    • 3
    • -
    • open enrollment (35)
    • exam required
    Expand

    U.S. International Taxation (21100). 3 units. This course will cover the basic principles of U.S. international income taxation. We will examine how the United States taxes both so-called (1) inbound transactions (income earned by foreign persons from investing and doing business in the United States), and (2) outbound transactions (income earned by U.S. persons from business activities and investments outside the United States). The principal focus of the course will be on how the United States taxes income earned by U.S. corporations from doing business outside the United States. Topics will include the foreign tax credit; the controlled foreign corporation rules; transfer pricing; and income tax treaties. We will also consider international tax planning strategies currently used by U.S. multinational corporations, including so-called "inversion," and explore recently proposed changes to U.S. international tax law and policy. Prerequisite: Federal Income Taxation. Enrollment capped at thirty-five. Self-scheduled examination. J.M. Samuels.

    Location: SLB - 128 (Wed)
    Grade mode: graded
    CRN: 20441
    Exam: 5/04/2015 - 5/14/2015
    Questions available online
    Name or Id: Id
    Length: 5 hour(s)
    Notes: Use your name.

    Close
    • 21630-01
    • *†Veterans Legal Services Clinic
    • Wishnie
      Middleton
      Li
    • Tue 10:10 AM-12:00 PM
    • 2
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
    Expand

    *†Veterans Legal Services Clinic (21630) and Fieldwork (21681). 2 units, graded or credit/fail, at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Pending individual matters include (1) disability benefits applications for veterans who have suffered PTSD, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials; and (2) discharge upgrade applications, on administrative appeal and in U.S. District Court. Students also represent local and national veterans organizations in Freedom of Information Act litigation in U.S. District Court; civil rights litigation arising from sexual assault, other-than-honorable discharges of service members suffering undiagnosed PTSD, and wrongful detention and deportation of immigrant veterans; and federal and state regulatory and legislative advocacy concerning veterans' employment issues, treatment of service members with PTSD, and military sexual assault and rape. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Enrollment limited. Permission of the instructor required. M. Wishnie, B. Li, M. Middleton, and J.M. Schultz.

    Course Bidding: In addition to listing this clinic among experiential course selections, applicants should submit a short statement of interest, and a CV by the close of early registration on December 10, at 4:30 p.m.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork-only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 109 (Tue)
    Grade mode: graded or credit/fail
    CRN: 20463

    Close
    • 21681-01
    • †Veterans Legal Services Fieldwork
    • Wishnie
      Middleton
      Li
    • 2
    • -
    • experiential
    • not applicable
    Expand

    †Veterans Legal Services Fieldwork (21681). 2 units, credit/fail, with a graded option. The clinic and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. M. Wishnie, B. Li, and M. Middleton.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork-only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Grade mode: graded or credit/fail
    CRN: 20464

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    • 21430-01
    • White Collar Criminal Defense: Critical Issues and Strategies
    • Stith
      Zornow
    • Fri 9:10 AM-12:00 PM
    • 3
    • -
    • faculty permission
    • not applicable
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    White Collar Criminal Defense: Critical Issues and Strategies (21430). 3 units. This course will consider the legal, ethical and strategic challenges facing white-collar criminal defense lawyers, both those representing individuals and those representing entities, in this era of few trials and pressure to cooperate with the government. We will examine all stages of white-collar representations, including the financial and psychological dimensions of being retained; developing information (through internal investigations and otherwise) and controlling the flow of information to the prosecutor and other defense counsel (including through joint defense agreements); persuading prosecutors not to bring charges; negotiating with the prosecutor for immunity or cooperation agreements for individuals and corporations (including deferred prosecution agreements); assertions of the Fifth Amendment privilege; the tension between individual and corporate representations; plea or trial strategies (including the use of jury consultants) and approaches to sentencing; and parallel proceedings (including investigations by the SEC, state AGs, foreign law enforcement authorities, and private civil litigation). We will consider how the defense lawyer can succeed in disproving Dylan's observation that “you can't win with a losing hand.” Students must have taken at least one course in criminal law or criminal procedure. Regular “response” or "hypothetical" papers will be required throughout the term. Permission of the instructors required. K. Stith and D. Zornow.

    Course Selection: In addition to listing this course among permission-of-instructor selections, students must submit no more than 200 words explaining their background in criminal law and related fields, and how this seminar would contribute to their academic and/or professional goals and interests. These statements should be submitted through the online system by 4:30 p.m. on December 10.

    Location: SLB - 121 (Fri)
    Grade mode: graded
    CRN: 20455

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    • 21324-01
    • *†Worker and Immigrant Rights Advocacy Clinic
    • Wishnie
      Hallett
      Ahmad
    • Thu 10:10 AM-12:00 PM
    • 2
    • Professional Responsibility,

      Professional Skills
    • experiential
    • not applicable
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    *†Worker and Immigrant Rights Advocacy Clinic (21324) and Fieldwork (21540). 2 units, graded or credit/fail, at student option for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut in labor, immigration, and other civil rights areas, through litigation for individuals and non-litigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, Board of Immigration Appeals, U.S. District Court, the Second Circuit, and state courts. The non-litigation work will include representation of grassroots, labor, and faith organizations in regulatory and legislative reform efforts, media advocacy, strategic planning, and other matters. The seminar portion is a practice-oriented examination of advocacy on behalf of workers and non-citizens and of social justice lawyering generally. The course will be a two-term offering (four credits each term). The clinical course and fieldwork must be taken simultaneously in both terms. Enrollment limited. M. Ahmad, N. Hallett, and M.J. Wishnie.

    Course Selection: In addition to listing this clinic among experiential course selections, students should submit a short statement of interest and a CV by 4:30 p.m. on December 10.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Location: SLB - 110 (Thu)
    Grade mode: graded or credit/fail
    CRN: 20460

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    • 21540-01
    • Worker and Immigrant Rights Advocacy Fieldwork
    • Wishnie
      Hallett
      Ahmad
    • 2
    • -
    • experiential
    • not applicable
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    Worker and Immigrant Rights Advocacy Fieldwork (21540). 2 units, credit/fail, with a graded option. The clinical course and fieldwork must be taken simultaneously in both terms. M. Ahmad, N. Hallett, and M. Wishnie.

    Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork-only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.

    Course Selection: Students who are accepted in the clinical seminar will also be enrolled in the fieldwork section.

    Grade mode: graded or credit/fail
    CRN: 20461

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