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Elective Courses, Reading Groups, and Seminars

Administrative Law A1

W,Th 8:45-10:15 Block B
Professor Jody Freeman
3 classroom credits 30000-11 Fall
2, 3, or 4 optional clinical credits Fall

This course provides an introduction to the law and process of federal agency action. Federal agencies regulate practically every aspect of economic and social life, including food and drug safety, securities, environment, immigration, and occupational health and safety, to name a few examples. Agencies impose costly and burdensome regulatory burdens on both individuals and corporations but they also allocate government largesse in the form of valuable benefits, subsidies, permits and licenses. Federal agency officials (who are not elected but rather appointed) make discretionary policy decisions and issue binding regulations that have the force of law and administrative law judges make "adjudicative" decisions that are as consequential as those issued by the federal courts. This course will explore where these agencies get their power, what constrains them, and how they operate in a dynamic institutional environment in which they must answer to multiple principals. We will cover the nature and structure of administrative agencies and where they fit in our Separation of Powers scheme; the forms that agency action might take, both formal and informal; the procedures agency officials must observe under the federal Administrative Procedure Act; the means used by the legislative, judicial, and executive branches to control and review what agencies do; and the constitutional constraints that limit agency action. We will also consider normative questions about the legitimacy and accountability of government agencies in our constitutional system. Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Administrative Law A2

M,T 8:45-10:15 Block A
Assistant Professor Matthew Stephenson
3 classroom credits 30000-12 Fall
2, 3, or 4 optional clinical credits Fall

This basic course in administrative law will cover the processes of law-making and law-application by administrative agencies, the constitutional and statutory limitations on agency discretion, and the major legal doctrines that govern judicial review of agency action. Through the study of these particular doctrines and legal structures, we will investigate how administrative law influences the exercise of administrative power. In particular, we will consider the respective roles of Congress, the President, the courts, private parties, and the administrators themselves in shaping agency policy choices, and we will explore the ways in which administrative law allocates power among these interested parties.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Administrative Law B

Th,F 10:30-12:00 Block D
Professor John F. Manning
3 classroom credits 30000-31 Spring
3 or 4 optional clinical credits Spring

Administrative agencies today play an important role in determining the entitlements and duties of the public. The goal of Administrative Law is to introduce students to both the constitutional overlay and the statutory framework that regulates administrative agencies in their exercise of such authority. Roughly half of the course will examine the structure of the U.S. Constitution, considering how the modern administrative state fits with the assumptions underlying a system of separated powers and checks and balances. We will cover topics such as the nondelegation doctrine, executive appointment and removal power, the legislative veto, and non-Article III adjudication.
The second half of the course will explore the way the Administrative Procedure Act (APA) regulates the authority of agencies to determine the rights and responsibilities of the public. It will consider the evolution of administrative doctrines since the enactment of the APA in 1946 and the intellectual and background constitutional influences that have shaped the statute's development. The topics will include formality and informality in agency procedure, the choice between rulemaking and adjudication, and judicial review of agency action.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section for early drop/add deadlines and rules for all clinical courses.

Advanced Constitutional Law: The Distinctiveness of Constitutional Law: Seminar

T 4:45-6:45 Block I
Professor Frank I. Michelman
2 classroom credits 91770-31 Spring

What makes constitutional law special? What makes it different from other, "ordinary" law? (Conversely, we sometimes may find ourselves asking: If we grant that constitutional law differs in such-and-such a way from other law, how is it still law?)
Claims for -- or observations of -- the distinctiveness of constitutional law fall into several types, including the following (the list is not intended as exhaustive): (1) that constitutional law has a distinctive subject-matter (e.g., the organization of the state, the relation between the state and its citizens); (2) that constitutional law occupies a special position, or performs a special function, in the legal order (e.g., it acts as "supreme" law, or "basic" law, or "fundamental" law); (3) that constitutional law bears a special connection to justice and to political legitimacy (the idea that a just or proper body of constitutional law is the key to the justification of the state's exercise of coercive powers); (4) that constitutional law is subject to distinctive modes of judicial interpretation and development by comparison with ordinary law; (5) that final authority over the meaning and application of constitutional law resides with a different body than is true for ordinary law (e.g., the "constitutional" as opposed to the "ordinary" judiciary; the people as opposed to the courts).
The seminar will examine claims of all of the kinds just mentioned, and relations among them. We will consider relevant scholarship in the fields of constitutional theory, comparative constitutionalism, and jurisprudence, including recent work (or work in progress) of the instructor.

Alternative Methods of Dispute Resolution

M 4:45-6:45 Block L
Professor Frank E. A. Sander
2 classroom credits 30300-11 Fall

This course will seek to provide an overview of the emerging movement toward alternative forms of dispute resolution. After an introductory session designed to explore the diverse reasons for the current interest in alternatives, we will look systematically at the full range of dispute resolution processes, court adjudication, arbitration, mediation, negotiation, and hybrid combinations of these, such as the ombudsman and the mini-trial. Illustrations drawn from a number of areas (such as consumer, family, and environmental problems) will be considered. Our focus will be both conceptual and practical. Students will be required to submit two or three brief written memos on specific problems in the course of the term. An attempt will also be made to enable students who wish to do so to work with an ongoing dispute resolution institution in the Boston area. There will be an examination, but with the permission of the instructor students may write a paper in lieu of a final examination. Enrollment is limited to twenty-five students.
Students who have taken or plan to take Mediation and the Negotiation Workshop may not take this course without special permission of the instructor.
Text: Goldberg, Sander, Rogers, and Cole, Dispute Resolution (4th ed. 2003), and photocopied materials.

American History and Constitutions Abroad: An Australian Perspective

Th,F 10:30-12:00 Block D
Visiting Professor Helen Irving
3 classroom credits 30540-11 Fall

One of the earliest and most powerful examples of the influence of American constitutional history and jurisprudence abroad is Australia. The Australian colonies were settled in 1788; their path to self-government and, ultimately, to federation in 1901, thus ran parallel to the United States Constitution's first century. Both the successes and weaknesses of the American 'experiment' were closely monitored in Australia. The framers of the Constitution of the Commonwealth of Australia were deeply inspired by the United States, notwithstanding their commitment to adopting a British parliamentary system and their rejection of a Bill of Rights. Since its establishment in 1903, the High Court of Australia has drawn extensively upon Supreme Court jurisprudence.
This course examines the impact of American constitutional history on both the framing of Australia's Constitution in the 19th century and its interpretation in the 20th century.
There will be a take-home examination.

American Legal System (The)

T 4:45-6:45 Block L
Visiting Professor Peter L. Murray and Professor Arthur von Mehren
2 classroom credits 30230-11 Fall

This course is designed to acquaint jurists from other legal cultures with the salient elements and institutions of the American Legal System and to serve as a foundation for ongoing studies of American law at Harvard Law School. The course is taught from a comparative perspective. Topics covered will include sources of American state and federal law, common law and case analysis, comparative analysis of contract doctrine, the United States Constitution, the role of the Supreme Court and judicial review, the American federal system, the American civil and criminal justice systems, trial by jury and dispute resolution, American corporate law and economic regulation, the American bar and legal ethics, and globalization of law.
Course activities will consist not only of traditional classroom discussion and case analysis, but also will include some exposure to the law in action in the form of viewing court proceedings and discussions based on films and videotapes.
Materials will include von Mehren and Murray, Law in the United States, 2nd Edition (manuscript) and additional materials to be distributed.
Visiting researchers and visiting scholars may audit this course with the permission of the instructor.

American Legal Thought

M 4:45-6:45 Block L
Professor David W. Kennedy
2 classroom credits 30250-11 Fall

This course will review a canonical set of materials from the American tradition of legal scholarship from Oliver Wendell Holmes to the present. We will try to see what, if anything, makes the North American way of thinking about law distinctive. Pragmatism? Policy science? Interdisciplinary work? We will look at the foundational texts for the major "schools" of American legal scholarship, including legal realism, legal process, law and economics, law and society, critical legal studies, and feminism. We will explore how the American tradition looks and how it has been received outside the United States, as well as the relations between this peculiar way of thinking about law and the American style of legal practice.
This course is designed for students interested in understanding how American jurists think. It has been designed to be particularly helpful for LL.M. students. Rather than an exam, the course will conclude with a very short (five-page maximum) reaction paper to one of the articles we have considered.

Analytical Methods for Lawyers A

M,T 3:00-4:30 Block G
Mr. David Cope
3 classroom credits 30310-11 Fall

Lawyers in almost every area of practice (litigation, corporate, government, public interest) deal routinely with problems that are usefully illuminated by basic business and economic concepts. This course is designed to teach the most important analytical methods to law students, in a manner that will be fully accessible to those with no prior quantitative training or background in the subjects covered. Using text, classroom activities, and written exercises, we will show you how these tools may be used to analyze concrete problems that arise in a wide range of legal practice settings.
The course will consist of seven units:

1. Decision Analysis, Games and Information: Lawyers assist their clients in making a wide variety of decisions, ranging from the settlement of lawsuits to the purchase of property. We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them. We will also consider strategic interactions between parties and considerations related to imperfect information.


2. Contracting: Lawyers write many contracts, concerning such matters as acquisitions of land or corporations, creation of partnerships and nonprofit entities, settlement of lawsuits, financing arrangements, and government procurement. This unit presents practical principles concerning what issues should be addressed in contracts and how they might best be resolved.


3. Accounting: Lawyers who counsel clients in conducting their affairs or who represent them in litigation must understand the parties' financial circumstances and dealings, which often are represented in financial statements. Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.


4. Finance: Legal advice in business transactions, division of assets upon divorce, litigation, and many other matters require knowledge of valuation, assessment of financial risk, and comprehension of the relationships between those who provide financing and those who need it. We will consider basic principles of finance, such as present value, the tradeoff between risk and return, the importance of diversification, and basic methods for valuing financial assets.


5. Microeconomics: Lawyers need to understand their clients' and other parties' economic situations and opportunities as well as the principles that underlie many of the rules of our legal system. This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.


6. Law and Economics: Legal rules have important effects on clients' interests, which must be appreciated by lawyers who advise them and by judges, regulators, and legislators who formulate legal rules. We will explore these effects using the economic approach to law, with illustrations from torts, contracts, property, law enforcement, and legal procedure.


7. Statistics: Legal matters increasingly involve the use of statistics in business contexts, in the promulgation of government regulations, in the measurement of damages, in attempts to make inferences concerning parties' behavior (such as those regarding discrimination in employment), and in determination of causation (in tort, contract, and other disputes). We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom.

Analytical Methods for Lawyers B

T,W 3:00-4:30; M 3:00-4:00 Block G
Professor Louis Kaplow, Professor Guhan Subramanian, and Mr. David Cope
4 classroom credits 30310-31 Spring

Lawyers in almost every area of practice (litigation, corporate, government, public interest) deal routinely with problems that are usefully illuminated by basic business and economic concepts. This course is designed to teach the most important analytical methods to law students, in a manner that will be fully accessible to those with no prior quantitative training or background in the subjects covered. We will use a combination of text, classroom activities, instructional software, and written exercises. We will show you how these tools may be used to analyze concrete problems that arise in a wide range of legal practice settings.
The Analytical Methods course was initially developed for first-year law students without any prior training in the topics covered, and in prior years the course was limited to first-year students. As the course introduces students to a range of skills that are useful in both upper-level courses and legal practice, second- and third-year students as well as candidates for LL.M. degrees may also wish to enroll. The course is now open to any HLS student who has not previously taken or is contemporaneously enrolled in two or more of the following Law School courses: Accounting (two credits), Corporate Finance, Economic Analysis of Law, and Statistics/Regressions.
The course will consist of seven units:

1. Decision Analysis, Games and Information: Lawyers assist their clients in making a wide variety of decisions, ranging from the settlement of lawsuits to the purchase of property. We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them. We will also consider strategic interactions between parties and considerations related to imperfect information.


2. Contracting: Lawyers write many contracts, concerning such matters as acquisitions of land or corporations, creation of partnerships and nonprofit entities, settlement of lawsuits, financing arrangements, and government procurement. This unit presents practical principles concerning what issues should be addressed in contracts and how they might best be resolved.


3. Accounting: Lawyers who counsel clients in conducting their affairs or who represent them in litigation must understand parties' financial circumstances and dealings, which often are represented in financial statements. Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.


4. Finance: Legal advice in business transactions, division of assets upon divorce, litigation, and many other matters require knowledge of valuation, assessment of financial risk, and comprehension of the relationships between those who provide financing and those who need it. We will consider basic principles of finance, such as present value, the tradeoff between risk and return, conflicts among groups, the importance of diversification and basic methods for valuing financial assets.


5. Microeconomics: Lawyers need to understand their clients' and other parties' economic situations and opportunities as well as the principles that underlie many of the rules of our legal system. This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.


6. Law and Economics: Legal rules have important effects on clients' interests, which must be appreciated by lawyers who advise them and by judges, regulators, and legislators who formulate legal rules. We will explore these effects using the economic approach to law, with illustrations from torts, contracts, property, law enforcement, and legal procedure.


7. Statistics and Regressions: Legal matters increasingly involve the use of statistics in business contexts, in the promulgation of government regulations, in the measurement of damages, in attempts to make inferences concerning parties' behavior (such as those regarding discrimination in employment), and in determination of causation (in tort, contract, and other disputes). We will address the basic concepts of statistics and regression analysis, as well as issues that commonly arise when statistics are used in the courtroom.

Animal Rights Law

Th,F 1:15-2:45 Block F
Visiting Professor Paul Waldau
3 classroom credits 30550-31 Spring

This is a basic course in animal law in which the student engages a broad range of cases, legislation, and concepts as they pertain to nonhuman animals. After a brief introduction on the history and current status of nonhuman animals in the U.S. legal system, the first part of the course examines substantive law in the areas of property, contracts, torts, wills and trusts, and criminal law. Woven throughout the discussion of substantive law are comments and questions regarding current cultural attitudes towards animals outside the human species.
The second part of the course uses (a) the material from the first part of the course and (b) various constitutional and common law principles to assess current proposals that basic legal concepts, such as "rights" and "legal personhood," should be afforded some nonhuman animals.
The third part of the course uses the tools and perspectives developed in Parts I and II to examine various federal and state legislation impacting other animals. The required texts will be Frasch et al., Animal Law (2000), and S. Wise, Rattling the Cage(2000).

Antitrust Law

M,T,W,Th,F 1:00-4:00
Professor Einer R. Elhauge and Visiting Professor Damien Geradin
3 classroom credits 30600-21 Winter

In democratic capitalist societies, there are two main societal processes for deciding how to allocate and use resources: the political process and competitive markets. This course concerns the basic legal framework for regulating the latter, focusing not just on U.S. antitrust law but on the international variations that also regulate global market activities.
Topics include antitrust regulation of horizontal agreements between competitors to restrain trade, such as price-fixing, output restrictions and boycotts, and vertical agreements between suppliers and purchasers such as distributional restraints, exclusive dealing, and tying. The course will also cover unilateral conduct such as monopolization and attempted monopolization, and mergers that allegedly have anticompetitive effects. Throughout, contrasts and similarities between U.S. and EU antitrust law will be stressed. Time permitting, the course will also cover the doctrines that--by limiting antitrust review of restraints of trade resulting from state action or efforts to petition the government-set the boundary between our competitive and political processes.

Appellate Courts and Advocacy Workshop

M,T,W,Th,F 9:00-12:00
Mr. Brian Wolfman
3 classroom credits 30610-21 Winter

The Appellate Courts and Advocacy Workshop combines a substantive review of key appellate litigation doctrines concerning appellate jurisdiction, standards of review, and other topics, with an intensive advocacy component, ranging from motion and brief writing to oral argument. The course considers each stage of the appellate litigation process, beginning with a general overview, moving to the various bases for appellate jurisdiction in the federal courts, then discussing standards of review, and concluding with an intense review of the anatomy of an appellate brief. We will also briefly consider U.S. Supreme Court practice. Students considering appellate court clerkships after graduation may find this course useful.
There are about a half dozen small to medium-sized writing assignments. These assignments do two things: They introduce students to some aspect of appellate practice and demand application of one or more of the course's doctrinal topics. In addition to these smaller assignments, students are also responsible for writing an appellate brief and conducting an oral argument. For all assignments, students are provided copies of relevant practice rules, statutes, cases, and other items. No outside research is involved. Enrollment is limited to 20 students.
The doctrinal portion of the course, and the corresponding small to medium-sized writing assignments, will be covered in the Winter Term. Classroom sessions will be in regular three-hour blocks, although on one or two days, a shorter extra session may be added to accommodate special topics and guests. The appellate brief and oral argument will be completed during the Spring Term. Spring Term meetings will take place at mutually convenient times and will include a one-on-one meeting with the teacher. Students must take both the Winter and Spring sessions, and students will receive one grade after completing the Spring component that will apply to both sessions. Students who are considering enrolling in this course should read the more detailed course description located at www.citizen.org/documents/hlsdetaileddescription2006.pdf.
The instructor, Brian Wolfman, is the Director of Public Citizen Litigation Group (PCLG), a public interest law firm in Washington, D.C. He has argued and litigated dozens of cases in courts of appeals and in the Supreme Court. To learn about PCLG's work, generally, and its Supreme Court Assistance Project, specifically, go to www.citizen.org/litigation and www.citizen.org/litigation/court_assist/, respectively.

Art Law: Seminar

T 4:45-6:45 Block I
Professor Harry S. Martin
2 classroom credits 98550-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring
2, 3, or 4 optional clinical credits Fall/Spring
2 optional clinical credits Winter

This seminar will selectively explore how the law shapes and constrains the visual arts. The seminar will examine a broad spectrum of problems involving the interaction of art and the law, both historically and in contemporary society. Emphasis will be given to issues such as moral right and droit de suite statutes; legal issues that arise in the art market: stolen art, forgeries, authentication, agreements for the transfer and commission of works of art; valuation problems related to authentication and artist estates and aspects of the purchase, sale, and charitable contribution of works of art; repatriation of cultural objects and the illicit international trade in art; and ethics and legality in museum policies. The class will frequently consider contemporary art controversies as a means of examining these broader issues.
Requirements for all students include: regular attendance, active participation in discussion, a newspaper editorial on an assigned topic to be debated in class, and a research paper. The seminar requirement can be met with a paper of twenty-five pages, but students are encouraged to write a more substantial, fifty-page paper for an additional credit that can be used to satisfy the School's Written Work Requirement. Class size will be limited to twenty students. The class is not open to 1Ls.
There is no limit on the percentage of LL.M. candidates.
Students who wish to enroll in the class with a clinical component must do so through the Office of Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Bankruptcy

M,T,W 3:00-4:20 Block G
Professor Elizabeth Warren
4 classroom credits 31400-11 Fall
2, 3, or 4 optional clinical credits Fall

Bankruptcy has become part of the mainstream of commercial and business law. This course covers the federal Bankruptcy Code and explores the role it plays in a credit economy. The social and economic implication of a law of forgiveness will be the central feature of this course.
This is the survey course covering the broadest range of issues in cases that range from small, personal bankruptcies to the failure of Enron.
The course is taught exclusively from problems. The problems are designed to examine the elements of the statutes, the transactional implications of the formal laws, and the policy issues that inhere in the bankruptcy system. Ethical problems are woven throughout the course. The problem approach is based on situations that attorneys, clients, legislators, and judges encounter and on the broader social implications of these issues. The course will provide some commercial background for the problems it explores, and it will explore the available empirical evidence about the bankruptcy system.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Warren and Westbrook, The Law of Debtors and Creditors, (Little, Brown, 4th ed. 2001); Warren, Statutory Supplement (Aspen, 2005).

Behavioral Law and Economics: Seminar

M 4:45-6:45 Block H
Professor W. Kip Viscusi
2 classroom credits 90250-31 Spring

Analyses of legal processes often assume that people adhere to certain assumptions regarding rational behavior. A considerable emerging literature tests these assumptions using empirical evidence on actual performance of litigants and the courts, as well as experimental evidence on decision-making by judges and jurors. This seminar will explore a broad range of these issues, focusing particularly on how they relate to the determination of liability and setting of damages.
The seminar will begin with a brief overview of the principal findings in the psychology and economics literature concerning the rationality of individual behavior in general. To what extent are people subject to violations of assumptions or predictions of rational choice models, and are these errors systematic? The seminar will then consider a series of studies of the performance of judges and jurors. Is there a sound understanding of negligence rules? Are jurors subject to hindsight biases? How do the courts treat corporate risk analyses in accident cases? How do jurors map their desire for punishment into dollar amounts? Are there any evident biases in how jurors set punitive damages awards? What is the influence of anchoring effects on damages amounts? Studies of this behavior are not only pertinent for assessing legal reforms, but are also valuable in predicting how the courts will respond to different evidence and case situations.
Students will prepare course papers that can be written in conjunction with the Written Work Requirement. A broad range of topics consistent with the general theme of the course is permitted. No previous economics background or other prerequisites are required.

Biotechnology: Academic, Government and Industry Interactions and Tensions

M 4:45-6:45 Block L
Professor Charles R. Nesson with Mr. Bruce A. Leicher
2 classroom credits 31460-31 Spring

Today, the discovery and development of breakthrough therapeutics requires collaboration of academia, government, and industrial resources. Substantial capital and high levels of risk are associated with the development of new therapeutics. Government funding often seeds discovery research in academia, but such funding is quite limited on a product-by-product basis. Patents and intellectual property discovered using government funds, and the ability to protect that IP is often the key to attracting the level of capital from industry needed to fund critical research and development activities. These R&D activities are vital to developing products and bringing them to market. University laboratories now play a major role in developing critical patent rights. At the same time academic scientists desiring to advance their careers seek to participate in the post-academic development of their inventions. In return for research funding, biotechnology and pharmaceutical companies seek to acquire rights from universities as well as consulting and advisory services from academic scientists. Universities also seek to participate in development success through the formation of joint ventures and through equity participation in emerging companies. This course will explore historical development of the biotech field and the systemic effects of the interaction of the different interests, goals, and perspectives of government funded research and industrial funded research. Specifically, we will explore the effects (positive and negative) on research, resource allocation, and patient safety.

Business Strategy for Lawyers

W,Th 1:15-2:45 Block F
Visiting Professor Kathryn Spier
2 classroom credits 31710-11 Fall

This course presents the fundamentals of business strategy to a legal audience. Half of the classes are lectures while the other half are business school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest.
The course is divided into four parts. The first part presents the basic frameworks for the analysis of strategy. The topics include economic and game theoretic approaches to strategy, competitive advantage and industry analysis. The second part is concerned with organizational and contractual responses to agency problems. Topics include pay-for-performance, corporate control, and the design of partnerships and other business associations. The third part takes a broader view of business associations, considering the horizontal and vertical scope of the firm and the advantages of hybrid organizational forms (such as franchising and joint ventures). The fourth part covers special topics in competitive strategy, including product differentiation, tacit collusion, facilitating practices, network externalities and market foreclosure.
Although previous exposure to business strategy or economics is not required, the lectures focus on abstract frameworks and theoretic approaches. This course is well-suited for students interested in economic analysis of the law with a strong business and industry focus. Because of the significant overlap with the MBA curriculum, this class is not appropriate for students in the JD-MBA program.
This class will meet for the first eight weeks of the semester only. Enrollment is limited to 40 students. Requirements include an exam, class participation, and two or three short assignments.
Professor Spier is visiting from the Kellogg School of Management at Northwestern University.

Capital Punishment in America

M,T 1:15-2:45 Block E
Professor Carol Steiker
3 classroom credits 31980-31 Spring

This course considers the legal, political, and social implications of the practice of capital punishment in America, with an emphasis on contemporary legal issues. The course will frame contemporary questions by considering some historical perspectives on the use of the death penalty in America and by delving into the moral philosophical debate about the justice of capital punishment as a state practice. It will explore in detail the intricate constitutional doctrines developed by the Supreme Court in the three decades since the Court "constitutionalized" capital punishment in the early 1970’s. Doctrinal topics to be covered include the role of aggravating and mitigating factors in guiding the sentencer’s decision to impose life or death; challenges to the arbitrary and/or racially discriminatory application of the death penalty; the ineligibility of juveniles and persons with mental retardation for capital punishment, limits on the exclusion and inclusion of jurors in capital trials; allocation of authority between judges and juries in capital sentencing; and the scope of federal habeas review of death sentences, among other topics. The course will also consider the role of executive clemency and pardons in the administration of capital punishment. Finally, the course will conclude by again widening the lens and addressing the anomalous and "exceptional" status of American retention of capital punishment in the developed West and the proper role of international practices and legal materials on the future of the practice of capital punishment in America.
(Note: there might have to be a materials fee, as there is no casebook, only materials I put together, which will be several hundred pages long.)

Child Advocacy Clinical Workshop

TBA
Professor Elizabeth Bartholet and Ms. Jessica Budnitz
2 classroom credits 32070-32 Spring
3 or 4 required clinical credits Spring
2 optional clinical credits Winter

The Child Advocacy Clinical Workshop is linked with a set of new clinical fieldwork placement opportunities. This new clinical program is designed to educate students about the wide variety of ways in which they can use their legal abilities to work for children, and encourage critical thinking about the pros and cons of different approaches.
The fieldwork component will place students in a range of different settings--with lawyers representing children in individual advocacy contexts, with legal organizations promoting systemic change through impact litigation and/or legislative reform, and with grassroots organizing initiatives. For instance:

• In the child welfare area students may work with the state care and protective organization that is supposed to guard children against abuse and neglect, with an early home visitation program that focuses on supporting fragile families, or with a non-profit that promotes international adoption.


• In the education law area students may work with an organization promoting education reform or with an organization advocating for the special education needs of children impacted by trauma.


• In the juvenile justice area students may work with an organization fighting to improve our juvenile justice system or do individual casework on behalf of youth in the system.

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Child Advocacy Law

Th 8:15-10:15 Block B
Professors Elizabeth Bartholet and Martha Minow
2 classroom credits 32050-11 Fall
3 or 4 optional clinical credits Fall

This course will focus on children's rights and interests in the context of family, education, and the larger society, and consider how our society shapes the meaning of childhood. We will look at what role the government does and does not play in supporting families so that they can provide children with what they need, in the U.S. as compared to many other countries, and assess the potential of programs we have designed to provide special support to fragile families, such as early home visitation and family preservation. We will look at how law divides responsibility for children between parents and the state, and consider how the balance should be drawn. We will look at law and policy governing parent rights, child abuse and neglect, foster care, adoption (domestic and international), and education, including special education and "adequacy" issues. Throughout we will think about how children's advocates could change law and policy to create a better world for children.
Students can opt to do Child Advocacy Program (CAP) clinical fieldwork placements for additional clinical credit. See Child Advocacy Clinical Workshop course description for the kinds of placements available. Students who wish to exercise this option must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Participation in this course (regardless of whether the student chooses to do a related clinical placement) will give the student a preference for admission to the Child Advocacy Clinical Workshop and related clinical placements in the Spring. Enrollment in the Spring Child Advocacy Clinical Workshop is encouraged but not required.
There will be a take-home examination. Students may opt to write a paper in lieu of the examination so long as the paper adequately addresses issues covered in the course. Students may also write a more substantial paper for an additional credit, which may be used to satisfy the School's Written Work Requirement or to earn additional optional written work credit. Cross-registrants are welcome.

Child Advocacy Policy Workshop

Th 5:00-7:00 Block L
Professor Elizabeth Bartholet and Ms. Jessica Budnitz
2 classroom credits 32080-11 Fall/Spring

This course will bring into the classroom as visiting lecturers a series of leading child welfare and education advocates and policymakers from different fields (e.g., law, medicine, social science, academia, child welfare agencies, state and federal legislatures), engaging students in important debates as to how best to advance children's interests, and exposing students to a range of career paths relevant to this work. We will focus on issues involving child welfare (abuse and neglect, foster care, adoption both domestic and international), education (including both special education and "adequacy" litigation), and juvenile justice.
The course will meet for two hours once every two weeks throughout the fall and spring terms. Receptions will follow the class meetings so that students will have a chance to talk informally with the visiting lecturers, as well as the Faculty facilitating the discussion and those from the outside child advocacy community invited to participate. Each student will also have the opportunity to attend one or more of the dinners involving the visiting lecturers, Faculty, and interested others, which will take place following the reception.
Course requirements will consist of written questions or comments on the readings turned in prior to class meetings, and/or brief reaction papers turned in following class meetings. Students may also write a more substantial paper for an additional credit, which may be used to satisfy the School's Written Work Requirement or to earn additional optional written work credit.
Participation in this course will give the student a preference for admission to the Child Advocacy Clinical Workshop and related clinical placements in the Spring. Cross-registrants are welcome.

Choice: Seminar

TBA
Professor Jon D. Hanson
4 classroom credits 90490-11 Fall/Spring

Admission with permission of instructor only.
This seminar and writing workshop will examine the growing place and role of “choice” in conventional understandings of laws, markets, and many of the most salient policy debates in our culture--including abortion, sexual "preference," school options, social security, welfare, election law, and many more. It will build off of the social-psychology-based scholarship of the instructor. Students will share responsibility with instructor for planning and implementing this seminar. They will be expected to help prepare readings, facilitate class discussions, plan and collaborate in subgroups, write substantial papers, and comment upon and edit other students’ papers. One goal of the seminar will be to put together a collection of essays, chapters, or articles for publication.
Participation in this limited-enrollment seminar is by invitation, or with permission of the instructor, only. Meeting times and places will vary. Interested students should send curriculum vitae or resume and a brief statement of interest to hanson@law.harvard.edu with subject line stating: Choice.

Church and State

Th,F 10:30-12:00 Block D
Professor John H. Mansfield
3 classroom credits 32100-11 Fall

This course will explore issues arising under the Establishment and Free Exercise Clauses of the First Amendment. Attention will be given to Supreme Court decisions concerning government aid to education, tax exemption of religious institutions, conscientious objection, disputes over church property, and similar topics. The aim of the course is through the exploration of particular problems to develop a general theory of the religion clauses of the First Amendment and of the constitutional ideology that underlies these clauses. As groundwork for this effort, the course will explore the historical background of the religion clauses with particular emphasis on church-state systems in colonial Massachusetts and Virginia and the circumstances surrounding the adoption of the First Amendment.
Students may take an in-class final examination or write a paper on a topic approved by the instructor.
Multilithed cases and materials will be distributed.

Citizenship: Seminar

W 4:45-6:45 Block J
Visiting Professor Gerald Neuman
2 classroom credits 90480-11 Fall

The term "citizenship" has many meanings in sociology, political theory, and law. It can denote a relationship to a polity, a social status, an activity, a package of rights or a package of responsibilities. This seminar will explore both theoretical and practical perspectives on citizenship, particularly as they affect the legal construction of citizenship. Among the topics to be discussed are the respective rights of citizens and foreign nationals, alien suffrage, women's citizenship, multicultural citizenship , dual (or multiple) nationality, birthright citizenship, and deprivation of citizenship for violation of allegiance. No prior study of immigration or nationality law is necessary.
Requirements include regular attendance and participation, two short reaction papers, and a final seminar paper.

Civil Litigation Workshop: Advanced

W 7:00-9:00 Block M
Mr. Paul R. Collier
2 classroom credits Spring
2, 3, or 4 required clinical credits Fall or Spring

The Workshop is designed to develop more advanced civil litigation skills through real case examples and trial skills practice. In a small, interactive seminar setting, students will sharpen their written and oral advocacy skills, grapple with evidentiary issues, depose an expert witness, and brief and argue the admission of the deposed expert's opinion testimony, all with a focus on the strategic choices these skills require. Case patterns are taken from novel practice areas, including a domestic violence tort and a breach of contract case. In Workshop sessions, students will have the opportunity to analyze and critique arguments, strategy choices, and pleadings in the case materials as well as in their clinical cases. Guest expert witnesses and litigators will participate in several Workshop class meetings.
Students may do their clinical work in either the fall or spring term, or may allocate up to four clinical credits throughout the year. Students will be expected to draft their own pleadings, present their own arguments, and offer peer critique for the presentations and litigation strategies and tactics of their Workshop colleagues. Because the Workshop will address sophisticated evidentiary issues, and because students are expected to build upon their actual clinical case experiences and to perform motion and trial exercises as part of their coursework, the completion of an evidence course, prior clinical experience, and Introduction to Advocacy including the Trial Advocacy Workshop are required. Permission to take the Advanced Workshop without the above may be granted by the course instructor upon showing that the student has substantially equivalent knowledge and experience.
The workshop will be limited to eight students.
Students who wish to enroll in the class with a clinical component must do so through the Office of Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Clinical Workshops: Hale and Dorr Legal Services Center

Th 5:00-7:00 Block L
Hale and Dorr Legal Services Center Clinical Workshops
Required for clinical work at the Hale and Dorr Center

Ms. Jeanne Charn and Mr. David Grossman with Clinical Instructors at the Hale and Dorr Center

All students electing clinical work at the Hale and Dorr Center also enroll in one of the following substantive clinical workshops. Each clinical workshop is taught by clinical instructors at the Hale and Dorr Center with Ms. Charn and Mr. Grossman. Workshops meet for two hours six or seven times during the semester. In the workshops, Clinical Instructors orient students to substantive law and practice, identify key policy, ethical, and professional issues involved in each practice area, offer students the opportunity to present and analyze cases, and to hone their lawyering skills in role plays directly relevant to their practice. Each student will participate in rounds by presenting a challenging case for critique and analysis by peers and by critiquing and analyzing the rounds case presentations of fellow students. There is no paper or examination. Workshop grades will be based on participation in Workshop sessions with special emphasis on rounds presentations and discussions.
Please refer to the Clinical course section for the early drop/add deadlines and rules for all clinical courses.
Hale and Dorr Center Clinical Workshops for 2005-06 are as follows:

Clinical Workshops: Hale and Dorr Legal Services Center:
Housing Litigation/Trial Practice Workshop and Clinical Practice
Th, 5:00-7:00 Block L
Section A Fall, 1 classroom credit
Section B Spring, 1 classroom credit

Through advocacy on behalf of individual tenants and tenant groups, students in the Housing Unit have the opportunity to engage in and reflect on the full range of skills and values that together comprise "good" (in both senses of the term) lawyering. This practice-based training is complemented by rigorous consideration of the various policy issues that impact low-income housing markets and what makes for effective intervention in such markets. Student practice in the Housing Unit offers extensive opportunities for client interviewing; discovery and other fact investigation; case strategy development; negotiation/mediation; client counseling; motion practice; witness examination and other trial work. Among other projects of the Unit in which students are actively involved is a Housing Court "Attorney-for-the-Day" program, in which students, each week, assist otherwise pro se tenants on the Court's "eviction day" by spotting issues, preparing pleadings, counseling, negotiating, and arguing -- the law practice version of staffing an emergency room. The workshop meetings provide opportunities for analysis of the applicable substantive and procedural law; discussion of policy, ethical and professional issues underlying the practice; skill development through role-play exercises; and rounds presentations by students of challenging issues in their casework.

Clinical Workshops: Hale and Dorr Legal Services Center:
Family and Children's Law Workshop and Clinical Practice
T, 4:45-6:45 Block I
Section A Fall, 1 classroom credit
Section B Spring, 1 classroom credit

Students in the Family and Children's Law Unit offer a spectrum of services designed to best meet clients' dispute resolution needs. The workshop classroom component covers applicable substantive and procedural law, ethical and professional issues common in this practice, skills development through role-play exercises, and rounds presentations.
Students will choose one of the three main practice areas, although there is exposure to the other practice areas in the classroom component.
The unit's main practice areas are:
Family Trial Practice - Students represent clients dealing with family violence, divorce, separate support, paternity, adoption, modification of existing orders, and contempt actions. All students will have opportunities to interview and counsel clients, conduct factual investigation, research legal issues; develop case strategies, collect and analyze discovery, draft, file and serve pleadings, negotiate with opponents, and appear in court for motion practice, restraining orders, pre-trial conferences, status conferences, and final hearings. In cases scheduled for trial, students conduct depositions, develop witness and exhibit lists, develop trial strategies and a trial notebook, prepare and conduct direct and cross-examinations of witnesses and draft post-trial briefs. Students may have the opportunity to represent the interests of children by working with Center staff appointed by the Probate and Family Court as next friend and/or investigator guardian ad litem.
Mediation Practice and ProSe Services - Students assist parties to reach a non-adversarial resolution to family conflicts. Students who have successfully completed basic mediation training receive advance family mediation training and participate as co-mediators with a clinical instructor. Students also co-lead pro se divorce clinics and provide individual follow up to assist clinic participants to represent themselves in uncontested or simple divorce matters.
Special Education Practice - The unit's newest initiative, the Trauma and Learning Project, focuses on the educational needs of children traumatized by exposure to domestic violence. This work is based on a new area of scholarship and practice at the intersection of law, psychology and education that links exposure to violence in the home with a host of social, emotional and academic problems at school. Students represent children and their parents/guardians in special education and related matters. This will include opportunities to interview and counsel clients, conduct factual investigation and legal research, develop case strategies, collect and analyze school records, draft pleadings, work with experts, and negotiate and advocate with school personnel at team meetings. In cases scheduled for full administrative hearings, students appear for pre-hearing motions and develop and conduct direct and cross-examinations of witnesses. With the assistance of trauma experts, students may engage in case related policy activities that seek innovative remedies to improve the services and supports for these high risk, vulnerable children.

Clinical Workshops: Hale and Dorr Legal Services Center:
Health, Employment and Planning (HELLP) Workshop and Clinical Practice
Th, 5:00-7:00 Block L
Section A Fall, 1 classroom credit
Section B Spring, 1 classroom credit

The Health, Employment, Living Legacy and Planning Unit (HELLP) offers students practice opportunities in the areas of estate planning and consumer rights, disability rights, and employment rights with a focus on fully addressing these issues for individuals and families living with severe illness, including HIV and AIDS. The HELLP Workshop provides structured opportunities for analysis of the applicable substantive and procedural law; analysis of typical ethical and professional issues in each area of practice; skill development through role-play exercises; and rounds presentations by students of challenging issues in their casework. Additionally, the initial orientation provides an overview of the legal programs and entitlements available to disabled individuals and their families and of the procedure and policy issues in each practice area.
The HELLP unit has three areas of practice:
Employment - Student practice involves administrative and court casework relating to unemployment benefits or employment discrimination claims with opportunities to investigate client claims, research relevant law, draft pleadings, prepare or interview witnesses, conduct depositions, negotiate with opposing counsel, and conduct hearings before the Division of Unemployment Assistance, the Massachusetts Commission Against Discrimination, or state or federal courts. Students may also investigate and pursue violations of Fair Wage and Hour laws.
Disability - Student practice involves protecting and enhancing the resources and income of disabled and elderly clients. Casework focuses on income replacement, comprehensive public benefits counseling, and planning services including specialized trust and estate planning. Students appear before the Social Security Administration, investigate client claims, research relevant law, draft pleadings and legal memoranda, work with experts, present witnesses at hearings, and argue cases before administrative law judges and referees. Some students will have opportunities to argue appeals from adverse agency findings Federal Appeals Courts.
Estate Planning and Consumer Rights - Student practice involves estate planning and guardianship services, negotiation with creditors, appearing in bankruptcy proceedings, resolution through negotiation and, if necessary, litigation of private insurance and pension claims. Students have opportunities for extensive client contact and counseling, frequent communications with medical providers and health care professionals, drafting and execution of a broad range of planning documents, and representing clients in court probate of estates.

Clinical Workshops: Hale and Dorr Legal Services Center:
Predatory Lending/Foreclosure Prevention Workshop and Clinical Practice
Th, 5:00-7:00 Block L
Section A Fall, 1 classroom credit
Section B Spring, 1 classroom credit

The Predatory Lending Project defends against foreclosures and commences affirmative litigation against banking institutions, sub-prime lenders, servicers of loans, home improvement contractors, brokers, and foreclosure rescue scam artists. The workshop for the Predatory Lending Project introduces students to the substantive law germane to this area of practice and offers training in the skills needed to effectively litigate these claims. The workshop also addresses common ethical and professional issues involved in this practice.
Students have opportunities to interview clients, analyze loan documents, draft complaints, draft and respond to discovery, conduct and defend depositions, argue motions, negotiate with creditors and mortgage finance institutions, and engage in long-term strategizing for their clients. Predatory lending is a growing field, with emerging policy issues. Therefore, students may also participate in impact litigation, analysis of patterns of racial and gender discrimination in the Greater Boston sub-prime lending market, and legislative advocacy opposing emerging federal laws that would preempt more protective state anti-predatory lending laws.
In the Workshop students are encouraged to think globally about their cases and to discuss the larger policy framework. A series of mini-rounds provides students the opportunity to present their cases to their peers and garner feedback and suggestions on how to best approach all aspects of their cases. The workshop closes with individual rounds presentations by each student on a case, policy issue or research topic.

Clinical Workshops: Hale and Dorr Legal Services Center:
Community Enterprise Workshop and Clinical Practice
Section A Fall, 1 classroom credit
M, 4:45-6:45 Block H
Section B Spring, 1 classroom credit
W, 4:45-6:45 Block J

Student practice involves transactional work in business law, non-profit tax-exempt law, and real estate law with opportunities to engage in entity formations; contract negotiation and drafting; commercial financing; business acquisitions; commercial leasing; licensing and permitting; trademark and copyright; corporate governance and compliance; real estate development and transactions; affordable housing development; zoning; condominium development; and related legal work. Students will have considerable client contact and opportunities to develop skills in client interviewing and counseling, document drafting, issue analysis and resolution, negotiation and advocacy, case and client management, ethical problem solving, and other aspects of law practice. Clients include local small businesses and entrepreneurs, non-profit organizations, community development corporations (CDCs), parties engaged in commercial and residential real estate transactions, and other persons and firms actively involved in commercial or economic development activities.
Students interested in entertainment law may practice in the Recording Artists Project (RAP), a sub-unit of CEP, with opportunities for drafting and negotiating agreements relating to recording, management, publishing and other music agreements; and counseling clients on trademark, licensing and copyright issues. RAP clients include musicians, independent record labels, production companies, songwriters, artist managers, and other entertainment entrepreneurs and firms.
The workshop classroom component will address applicable substantive law, development of practical legal skills, policy, ethical and practice challenges in community economic development work and presentation by each student of a challenging case in Rounds sessions.

Commercial Law: Secured Transactions

M,T,W 10:30-11:50 Block C
Professor Andrew L. Kaufman
4 classroom credits 32200-11 Fall

Secured credit fuels the American economy. This course deals primarily with various aspects of the use of credit and collateral in sale and loan transactions, ranging from routine consumer purchases to complex business transactions. This is a course on commercial lawyering in the context of problems of statutory interpretation (primarily Article 9 of the Uniform Commercial Code and Federal Bankruptcy Law) and policy in meeting the needs, and reconciling the interests, of the various parties to secured transactions­-consumers, manufacturers, dealers, lenders, insurers, and the government. The focus is on the appropriate advice for a lawyer to give in a particular factual setting.
Text: LoPucki and Warren, Secured Credit: A Systems Approach (4th ed. Aspen 2003); Warren, Statutory Supplement (latest edition).

Community Action for Social and Economic Rights

Th,F 10:30-12:00 Block D
Professor Lucie E. White
5 classroom credits 32370-11 Fall/Spring
(3 credits Fall + 2 credits Spring)
2, 3, or 4 optional clinical credits
(Spring or Winter + Spring terms, or 2 optional clinical credits Winter)

This course will focus on theories and methods for promoting internationally recognized social and economic rights (e.g., health, education, housing, food security, decent work) through community-based action. The course will include hands-on training in the core practical tools of grassroots social and economic rights advocacy, such as participatory documentation, mapping, basic rights workshops, and action planning. At the same time, we will situate these practices within wider debates about North-South redistribution, the state's role in social provision, the political tilt of human rights rhetoric, and public lawyering roles. Course requirements include a case study, an advocacy project and in-class exercises. Students are encouraged to do a clinical placement in the winter and/or spring terms with a domestic or international group involved in community-based social and economic rights promotion. Students who wish to enroll in the course with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses. Both the course and clinical placements are suitable for foreign students without a U.S. law degree.

Comparative Family Law

M,T 1:15-2:45 Block E
Professor Janet Halley
3 classroom credits 32470-11 Fall

This course will concentrate on Egyptian family law. One goal of our work will be to see how this one family law system has been constructed from the disparate sources of Islamic law, Western law imposed during a colonial/mandate era, and Western and Islamic law adopted as parts of various cross-cutting processes of decolonization, modernization and "traditionalization." Another will be to explore the consequences, both for the Egyptian legal system and for the distinctive legal domain "family law," of the fact that in Egypt, as in the Muslim Middle East generally -- family law is (as Lama Abu-Odeh puts it) "perhaps the only remaining legal domain where Islamic legal doctrine still governs with a high degree of coherence." In our study of the legal rules of Egyptian family law, the rules of marriage, divorce, custody, polygamy, maintenance and obedience, etc. -- we will also make comparisons with functionally equivalent rules in US family law, seeking to notice how specific rules suggest salient features of the legal systems from which we have excised them.
The course will close with a reflection on the practice of comparison. We will have engaged in at least three modes of comparison. Egyptian law, and Egyptian family law is no exception, is a richly hybridized legal system, one marked by many layers of "transplanted" law and "reverse transplants"; this recurrent theme in the materials should enable us to reflect on the comparatist's practices of "internal comparison." We should also be in a position to reflect on the comparatist's stance with respect to family law positioned as "the same," as persistently and distinctively traditional Islamic law. And finally, we will think about the normative, ideological, and political meanings generated by comparisons between Egyptian and U.S. family law, and ways in which the practices of comparison can generate those meanings and/or give us some critical purchase on them.
The course materials will be those established by Professor Lama Abu-Odeh for her course on Comparative Family Law (Georgetown University Law Center).
Photocopied materials. Computers will not be allowed in class.

Comparative Law: European and American Civil Justice: Seminar

W 4:45-6:45 Block J
Visiting Professor Peter L. Murray
2 classroom credits 90620-11 Fall

This seminar will consist of a comparative study of some of the forms and institutions of civil justice in the United States and the principal countries of modern Europe and East Asia. The seminar will explore such issues as the roles of lawyers and judges in civil cases, fact discovery by parties, the form and process of decision by judges and juries, access to justice, expert testimony, litigation costs and fee distribution, class and multiple party actions, remedies (such as punitive damages) both in law and in practice in Germany, England and other principal European and East Asian jurisdictions on the one hand and in federal and state courts of the United States on the other. Topics will include the process of harmonization among the European jurisdictions and possible convergence between American and Continental civil justice systems. The seminar will also discuss such phenomena as the Woburn toxic waste case portrayed in A Civil Action and the "Holocaust cases" in Europe and the United States.
Seminar participants will be expected to research, write and present a paper on a relevant topic arranged with the professor.
Reading knowledge of a major European or East Asian language such as French, German, Italian, Spanish, Chinese or Japanese can be helpful, but is not necessary. Participation of graduate students from countries other than the U.S. is encouraged. Visiting Researchers and Visiting Scholars may participate in this seminar with the permission of the instructor.
Reading materials will include Murray and Stürner, German Civil Justice (2004) plus additional materials to be assigned and distributed during the course of the seminar. Participants are expected to have read Harr, A Civil Action, before the second meeting of the seminar.

Comparative Law: Foundations of Western Legal Thought

M,T 1:15-2:45 Block E
Professor Mary Ann Glendon
3 classroom credits 32640-11 Fall

This course explores the ways in which civil law (Romano-Germanic) and common law (Anglo-American) systems were influenced at crucial stages of their development by different branches of political and philosophical thought. The emphasis will be on the civil law systems. Multilithed materials and several books to be announced. Course requirements include weekly memos, two papers and an oral presentation. Enrollment limited to twenty-two students.

Comparative Law: The Globalization of Law in Historical Perspective

M,T,W 3:00-4:20 Block G
Professor Duncan M. Kennedy
4 classroom credits 32660-31 Spring

This course will examine the process by which western legal rules and legal ideas globalized during the period 1850-2000. It will include an introduction to classical comparative law techniques as applied to civil and common law, and to Islamic law. We will then review the development of Western Classical Legal Thought in the late 19th century, the Social approach in the first half of the 20th, and contemporary legal thought. We will examine the theory of "legal transplants," along with the approach that emphasizes the roles of colonialism, commercial coercion, and prestige in the spread of legal ideas. Throughout, we will study the ways in which receiving countries "selected" what ideas to import, transformed those ideas on arrival, and sometimes became exporters in their turn.

Comparative Law: The Islamic Legal System

M,W 5:00-6:30 Block L
Adjunct Professor Frank E. Vogel
3 classroom credits 32800-11 Fall

This course is a basic introduction to Islamic law and Islamic legal systems in historical and contemporary forms. Islamic law, central to Islamic religion but also the law of states past and present, offers intriguing problems of comparison with modern secular legal and constitutional thought. These problems, the organizing focus of the course, are pursued in four subject-matter areas: (i) basic Islamic legal theory (the "sources of the law," usul al-fiqh) (including immersion in primary materials on a specific legal issue ending in a mock debate between opposed positions); (ii) theory and practice of application of law within the Islamic state (ending in a mock criminal prosecution and trial); (iii) Islamic law in modern state systems (through a case study of recent family law reforms); (iv) contemporary movements to return to Islamic law and to establish Islamic states (ending in a mock constitutional court deliberation and judgment). Fields of substantive Islamic law covered are constitutional, criminal, and family law. Readings, all in English, emphasize primary sources and case studies.
There are no prerequisites. Cross-registrants are welcome.
Text: Multilithed materials; N.J. Coulson, A History of Islamic Law; M. Hodgson, The Venture of Islam, I.

Comparative Law: Law and Society in Southeast Asia: Seminar

M 4:45-6:45 Block H
Visiting Professor Mark Sidel
2 classroom credits 91260-11 Fall

This seminar will explore the role of law in Southeast Asia, with an emphasis in the seminar sessions on issues of constitutionalism, public law, and the role of civil society and the nonprofit sector vis-a-vis the state. Participants may explore these or other issues in seminar papers. Countries to be discussed include Vietnam, Thailand, Cambodia, the Philippines, Indonesia, and Singapore, and participants are free to write on these or other countries of Southeast Asia. Some comparison will be pursued with East and South Asia. Seminar visitors will include distinguished scholars writing on aspects of law in Southeast Asia.

Comparative Law: The Role of Law in Chinese Society

F 10:30-12:30 Block D
Visiting Professor Randle Edwards
2 classroom credits 32950-31 Spring

Events of recent years on the Chinese mainland, in Taiwan, and in Hong Kong pose fundamental questions about legality, rights, and economic development. This course will examine these questions in their jurisprudential and historical contexts. It is designed to provide students with an introduction to the nature and function of law in China, to foster comparative legal analysis that tests generalizations about law derived principally from the West, and to equip future practitioners to address legal problems arising from interaction with China.
The course initially will focus upon China's rich, but much neglected, legal history. Particular attention will be paid to traditional Chinese views on the role of law in society, to the legal aspects of early Sino-Western interaction, and to efforts to introduce foreign models of law into China. The remainder of the course will center on contemporary Chinese society. Issues to be examined in this part of the course include (1) legal dimensions of Chinese "modernization"; (2) concepts of human rights and the relationship of the individual to the state (with special reference to the status of women); and (3) the place of law in China's economic development.
There are no prerequisites.
Text: Multilithed materials.

Complex Litigation and Mass Tort

M,T,W,Th,F 9:00-12:00
Professor David Rosenberg
4 credits 33310-21 Winter/Spring
(3 classroom credits + 1 paper credit)

This course will investigate the problems of law and policy associated with mass tort litigation. In recent years the courts have been confronted with the task of adjudicating, or overseeing the settlement of, a series of mass-exposure cases pitting thousands or even millions of toxic-exposure victims against dozens of defendant firms. These cases present legal institutions with a profound dilemma, the importance of which is indicated by the fact that the Supreme Court has rendered two major decisions in recent years on the viability of mass tort class actions. On the one hand, applying the traditional model of individualized, case-by-case adjudication in such settings is not only prohibitively expensive but largely fails to achieve the substantive aims of tort law such as deterrence, compensation, and corrective justice. On the other hand, adoption of collectivizing processes that depart from this traditional model collides with received notions of due process and individual justice, as well as introducing novel problems of substantive law, procedural design, and legal ethics. Our objective in this course will be to examine this dilemma from the standpoint of theory, policy, and practice, with an eye toward both the fundamental questions of social justice raised by these cases and the concrete operation of these cases.
The coverage of the course will span a number of interrelated issues of substance procedure and ethics. Among the topics we will consider are the following:

1. We will look at the distinctive problems of substantive liability and damages in mass tort cases, including proof-of-causation rules; apportionment of liability among multiple defendants; distribution of recovery among plaintiffs; and risk-based recoveries and damage scheduling.


2. We will examine the special institutional and procedural problems of resolving mass tort cases, including the choice between class and individual actions; the use of sampling or averaging techniques to avoid separate trials on individual issues; the use of statistical evidence; and difficulties associated with the settlement of large-scale actions.


3. We will look at the distinctive problems of legal ethics and representation raised by mass tort cases, including conflicts of interest between lawyers and clients, conflicts of interest between different groups of plaintiffs, and the financing of litigation. We will attempt to integrate knowledge from a number of fields of law and from other disciplines. Emphasis will be given to the functional analysis of actual practical problems.

Conflict of Laws

Th,F 10:30-12:00 Block D
Professor Jack Landman Goldsmith III
3 classroom credits 33400-31 Spring

This course examines how courts resolve disputes in cases involving parties, conduct, or transactions that are connected to more than one state or country. After reviewing the law of personal jurisdiction, the course will focus on how courts determine which law governs a multi-jurisdictional dispute, how constitutional limitations inform such determinations, the rules governing the enforcement of inter-state and foreign judgments, and the law that applies to seemingly ubiquitous Internet transactions.

Constitutional History I: Articles of Confederation to the Civil War

W,Th 1:15-2:45 Block F
Visiting Professor Michael J. Klarman
3 classroom credits 33630-11 Fall

This course examines, from the perspective of social and political history, constitutional developments from the Founding through the Civil War. The principal issues addressed include the flaws in the Articles of Confederation; the drafting and ratification of the Constitution and the Bill of Rights; the debate over the Alien and Sedition Acts of 1798; the origins of judicial review; the Marshall Court's famous nationalizing decisions; the Contracts Clause decisions of the Marshall Court; states rights constitutionalism and President Andrew Jackson's response; constitutional issues involving the rendition of fugitive slaves and congressional regulation of slavery in federal territories; the constitutionality of secession; and various constitutional issues arising during the Civil War (including emancipation, conscription, the suspension of habeas corpus, and military trials of civilians).

Constitutional History II: From Reconstruction to Brown

M,T 1:15-2:45 Block E
Visiting Professor Michael J. Klarman
3 classroom credits 33640-31 Spring

This course examines, from the perspective of social and political history, constitutional
developments from the enactment of the post-Civil War constitutional amendments to the Supreme Court's decision in Brown v. Board of Education. The principal issues addressed include the enactment and early judicial interpretations of the 13th, 14th, and 15th Amendments; the constitutional questions raised by segregation and disfranchisement during the Plessy era; economic regulation during the Lochner era; enactment of the 19th Amendment (women's suffrage); the birth of the modern First Amendment after World War I; race issues during the interwar period; the birth of modern criminal procedure in the 1920s and 1930s; the constitutional crisis over the New Deal in the 1930s; the Japanese-American internment during World War II; the revolution in religion-clause jurisprudence after World War II; free speech issues during the McCarthy era; and, finally, Brown v. Board of Education and its historical significance.

Constitutional Law Advanced: Assembling a Casebook without Scissors

Th,F 10:30-12:00 Block D
Visiting Professor Philip C. Bobbitt
3 classroom credits 33640-11 Fall

Like foot-binding, the use of appellate cases to study the application of the U.S. constitution is a historically sanctified but deforming cultural practice. For so much of American Constitutional law is not made by judges, indeed is asserted by them to be non-justiciable, that to ignore this body of cases is to pursue a willful ignorance. But how do we assess the constitutionality of such cases—did Truman need a declaration of war to send forces to Korea, can a state succeed from the Union, is a filibuster consistent with the democratic processes of Congress, what are the standards for the impeachment of a president or the confirmation of a nominee to the U.S. Supreme Court, etc.—when there are no leading judicial opinions to guide us? This class will study fundamental templates of constitutional analysis that can be used by non-judicial analysts, as well as judges, in construing the Constitution. A "casebook" will be assembled containing constitutional cases that were not decided by courts.
No prerequisite.
Students will be asked to prepare cases along the lines of Harvard Business School or Kennedy School of Government "cases" supplemented by constitutional analysis.

Constitutional Law Advanced: Strategic Studies and the Constitutional Order: Seminar

T 4:45-6:45 Block I
Visiting Professor Philip C. Bobbitt
2 classroom credits 91670-11 Fall

Open any textbook on constitutional law and you will find discussions of the regulation of commerce and the power of taxation, religious and racial accommodation, class and wealth conflicts, labor turmoil, and free speech, but little or nothing on war. Yet who would deny the constitution-shaping experiences of war on the modern state? Open any textbook and find chapters on strategy, the causes of wars, limited war, nuclear weapons, even the ethics of war, but nothing on the constitutions of societies that make war-nothing, that is, on what people are fighting to protect, to assert, to aggrandize. But even the more sophisticated contemporary books on geopolitics do not deign to mention law, unless it is to denigrate lawyers and "legalistic" thinking. And so it is that the fundamental force fields of the State-the relation between law and war, and between legitimacy and violence relations that yield the State's most basic expression of its identity, indeed that gave birth to the modern state-are rarely even mentioned, much less addressed.
This seminar aims to remedy this disconnect.
Prerequisite: Completion of the basic course in Constitutional Law. Short papers will be required of all students.

Constitutional Politics in Africa: Seminar

W 4:45-6:45 Block J
Visiting Professor Mary L. Dudziak
2 classroom credits 91630-31 Spring

This seminar will examine constitutional politics in sub-Saharan Africa from the mid-20th century to the present. Constitution writing was a central feature of the path toward independence for most African countries, and constitutional politics are important in many African countries today. This course will examine the role of constitutions in the political history of particular African nations. We will explore questions about the role of constitution-writing at transitional moments, the conditions for constitutional legitimacy, the way constitutions function in societies, and the role of courts. Each student will "adopt" a different sub-Saharan African country. Students will familiarize themselves with their country's constitution, and will share information about their country with the class. Readings may include: John Iliffe, Africans: The History of a Continent (1995); Rotimi T. Suberu, Federalism and Ethnic Conflict in Nigeria (2001); Heinz Klug, Constituting Democracy: Law, Globalism and South Africa's Political Reconstruction (2000); and Jennifer A. Widner, Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa (2001). There will be a take-home final examination.

Constitutionalism

M,T 10:30-12:00 Block C
Professors Charles Fried and Frank I. Michelman
3 classroom credits 33520-31 Spring

Every modern state has a constitution. In the post World War II years more and more nations, political actors, citizens and scholars have written, revised or reflected on their own constitution and the constitutions of others. Constitutionalism is a form of political or governmental practice--present to a greater or lesser degree in all modern nations (as well as in supra-national formations)--in which important substantive and organizational issues are considered and even decided at least in part by reference to that constitution. What are the distinguishing marks of this practice? What makes it valuable, if it is? What are its drawbacks or liabilities to excess, if it has any? What assumptions and premises underlie the answers one might give to questions such as those?
Within countries where we probably would all agree that constitutionalism holds sway, we find marked variations in major institutional arrangements, in the domains of social life to which constitutional norms and requirements are directed, and in the content of those norms along with the doctrines and rules of constitutional law to which they give rise. How do we account for these variations? Does the concept of constitutionalism offer any basis for choice or preference among the options we see?
Prerequisite: Completion of the basic course in Constitutional Law. Enrollment is limited to 100 students, including LL.M. candidates.

Contemporary Islamic Legal Thought: Law, State, and World Order

M,T 3:00-4:30 Block G
Adjunct Professor Frank E. Vogel
3 classroom credits 33790-11 Fall

This course explores contemporary Islamic thought on law, religious authority, and the legitimacy of contemporary national and international legal orders; in other words, it reviews theories about method and authority in the determining, and enforcing, of religious legal rulings; the legitimacy of modern states and of their various legal functions; how constitutions and legal systems should be framed; and international order including laws of war. The course has three major parts: first, a schematic introduction to major relevant theoretical frameworks inherited from pre-modern Islamic legal thought and legal history; second, close review and analysis of the legal thought of 20th-21st century writers, among them thinkers who fall within the loose rubrics of liberals, fundamentalist/Islamists, conservative/traditionalists, and feminists; third, analysis of the legal theories implicit in the evolving efforts by several Muslim countries to apply Islamic law, focusing on Iran, Egypt, and one other country, probably Afghanistan or Iraq. Exchange of views among students both in class and on a website is a major part of the course.
There are no prerequisites. Cross-registrants are welcome. Multilithed materials (all in English); Charles Kurzman, Liberal Islam.

Contemporary Issues in the Law of European Integration: Seminar

T 8:15-10:15 Block A
Visiting Professor Joanne Scott
2 classroom credits 91810-31 Spring

This seminar will examine a range of topical issues and debates in European Union Law. It will introduce students to aspects of the constitutional and administrative law of the EU, as well as to developments in policy and governance in a variety of spheres.
It is anticipated that the following themes will be addressed:

• The European Union Constitution


• Law and New Approaches to EU Governance


• EU Environmental Law


• Transatlantic Regulatory Cooperation

Copyright

M,T,W 10:30-12:10 Block C
Professor William W. Fisher III
4 classroom credits 33800-11 Fall

This course will explore copyright law in depth. Approximately two-thirds of the class time and readings will be devoted to the American copyright system; the remainder will be devoted to the major relevant multilateral treaties and to the laws pertaining to copyright and "neighboring rights" in other countries. Substantial attention will be paid to the efforts by philosophers and economists to justify, reform, or abolish the copyright system. Students will be expected to participate via e-mail in a discussion of the issues raised by the course. Materials will consist of Gorman and Ginsburg, Copyright (2002), the accompanying statutory supplement, and a set of ancillary readings available through the course home page.

Copyright and Other Intellectual Property

M,T,W 10:30-12:10 Block C
Professor Lloyd L. Weinreb
5 classroom credits 33800-31 Spring

The aim of this course is to give students a solid grounding in the law of intellectual property. The first part of the course (about 50%) will examine closely the law of copyright, including general theoretical and doctrinal issues and concrete problems arising out of the ownership and marketing of literary, musical, and artistic works (and computer technology). The balance of the course will cover principal topics in the law of patents (about 20%) and trademark (about 20%), unfair competition, and the right of publicity. Students are expected to participate in class discussions. Students who have taken a course in Intellectual Property or Copyright may not take this course without the permission of the instructor.
Text: Gorman and Ginsburg, Copyright: Cases and Materials (6th ed. 2002), and Supplement and supplementary materials.

Corporate Governance: Current Topics and Theories

W,Th,F 9:15-10:15 Block B
Professor Mark J. Roe
3 classroom credits 34090-31 Spring

In this course we will consider current academic thinking about corporate governance and ownership. The course work will be divided among these topics: the theory of the firm, the role of institutional investors, the foundations for venture capital markets, the role of gatekeepers (and how they failed in Enron and other recent corporate scandals), explanations for the differences in corporate governance around the world, the policy bases for building capital markets in developing and transition nations, current thinking on jurisdictional competition in producing corporate law, and bases for and against shareholder primacy in the corporation. Prerequisite: Corporations.

Corporate Governance: Reading Group

T 6:45-8:45 Block M
Professor Lucian A. Bebchuk
1 classroom credit 34030-11 Fall

Students will read and discuss work about corporate governance policy and corporate governance reforms. As is the norm with reading groups, there will be no examination or paper, and the class will be graded pass/fail.

Corporate Law Research: Seminar

M 4:45-6:45 Block H
Professor Mark J. Roe
2 classroom credits 91910-31 Spring

This spring seminar will revolve around student research in corporate law issues. Students will focus in on a research topic in the fall. (We will meet a couple of times in the fall to discuss and refine research topics.) Students will present their research in the spring. Readings will focus on current academic issues in corporate law.

Corporate Reorganization Issues: Advanced: Seminar

M 4:45-6:45 Block H
Mr. Richard Levin
1 classroom credit 92450-31 Spring

As industries decline or change, their weaker members look to Chapter 11 of the Bankruptcy Code to protect them and help them survive, reinvent themselves, and prosper once again. Steel, telecom, auto, and airlines all provide recent examples. This seminar will examine the role Chapter 11 plays in our economy, the hot topics being debated on both a policy and legal level, and the mechanics of the process,using primarily the recent Chapter 11 filings of Delta Air Lines and Northwest Airlines as examples. Topics to be considered may include whether Chapter 11 is anti-competitive and unfair to healthy industry players, whether the bankruptcy system has become corrupt, the impact of legacy costs such as pensions and retiree health benefits on survival, and the battles between creditors, shareholders, and other constituencies (employees, communities, retirees) for the value of reorganizing company, as well as legal issues such as the treatment of defaulted contracts, claims priorities, and executive compensation. Readings will include a mix of cases, law review articles, news reports, and other nontraditional sources. A basic course on bankruptcy or business reorganization is a prerequisite.

Corporate Speech, Commercial Speech, and the Constitution: Seminar

W 4:45-6:45 Block J
Professor Victor Brudney
2 classroom credits 91830-31 Spring

This seminar will address constitutional issues implicated in expenditures by investor-owned corporations for expression on political and public questions (in contrast to commercial matters), and by government regulation of commercial speech. Among the topics to be examined are the extent to which corporate laws authorize corporations to engage in political speech or in expression on other matters of public interest, and the normative considerations affecting exercise of such corporate power, including its relationship to the values that the First Amendment is designed to protect and nurture. That examination involves questions as to which participants in the corporation do, and should, have a role in the corporate decision to engage in such expression. We will also study the Court's mixed responses to the regulation of commercial speech, including the considerations that are said to justify special judicial treatment for that category of speech, the nature of that different treatment, and the criteria by which to distinguish commercial speech from other expression.

Criminal Justice Advocacy: Clinical Seminar

Th 5:00-7:00 Block K
Mr. David B. Poole
2 classroom credits 92010-31 Spring
2 optional clinical credits Spring

This seminar examines the role of the defense lawyer as an advocate in the criminal justice system, focusing on such aspects of practice as interviewing and counseling, investigation, theory formation and refinement, litigation skills, and dispositional advocacy. It will also examine the criminal and juvenile justice systems, considering such issues as equity, efficiency, ethics, and the constitutionality of all stages of the process.
Readings from a broad variety of sources and disciplines will address these issues, and will provide a framework for weekly discussions. Those discussions will integrate simulations, problems arising from students' clinical work, and a range of advocacy skills. There will be a take-home examination.
Students enrolled in the seminar's clinical component will spend a minimum of ten hours a week representing clients in adult criminal and juvenile delinquency cases in local courts, supervised by clinical instructors at the Criminal Justice Institute. Students will represent their clients at all stages of the court process. They may also represent juvenile clients in administrative proceedings such as school disciplinary and delinquency classification hearings.
This course is open to any 2L or 3L student.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Criminal Procedure: Advanced

W,Th,F 1:15-2:35 Block F
Professor William J. Stuntz
4 classroom credits 34210-11 Fall
2, 3, or 4 optional clinical credits Fall

The subject of this course is the criminal process "from bail to jail." The course will not deal with constitutional restrictions on the police, as those restrictions are covered in the first-year Criminal Law course. Rather, we will examine the legal and policy issues that arise once adversarial proceedings begin--i.e., once lawyers enter the picture. Topics include bail and pretrial detention, prosecutorial discretion, defendants' right to the effective assistance of counsel, plea bargaining, discovery, the right to a jury and jury selection, double jeopardy, and appellate review. With respect to all these topics, the goal is to understand three things: (1) the governing law, (2) how the law affects (or leaves unaffected) realities "on the ground," and (3) what role lawyers--prosecutors and defense attorneys--play in America's criminal justice system.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Current Issues in Corporate Theory: Seminar

W 4:45-6:45 Block J
Professor Reinier H. Kraakman
2 classroom credits 92250-11 Fall

This seminar surveys current issues in corporate theory with applications to selected legal problems. The readings will address the theory of the firm, ownership structure, limited liability, executive compensation and corporate governance. Legal topics will include the legal structure of the corporation, the role of the corporate board, shareholder suits, takeover regulation, and convergence across jurisdictions in corporate law and governance. Some comparative corporate law and governance materials will also be assigned. A prior course in Corporate Law and some tolerance for economics are the only prerequisites for the seminar. No examination will be given. Instead, students will be asked to write weekly memos commenting on the assigned reading.

Cyberlaw: Internet Points of Control

M,T,W,Th,F 2:00-5:00
Visiting Professor Jonathan Zittrain
3 classroom credits 39150-21 Winter
2, 3, or 4 optional clinical credits Fall or Spring

This course examines current legal, political, and technical struggles for control/ownership of the global Internet and its content. Course themes include the interaction between emerging Internet self-governance regimes and rule by traditional sovereigns; the expression of conflicting interests of commercial and individual Internet speakers/broadcasters; new modes of control over widely distributed intellectual property; and the potential for market giants and other architects of Internet technologies to constrain behavior online in ways governments find difficult to assimilate. Classroom discussion of these topics may be augmented by online discussion software through which students will have one-on-one exchanges about issues in the course.
No specialized technical expertise is required, so long as students are prepared to use and experiment with new technologies as part of their coursework and participation.
Students interested in writing their third-year papers in conjunction with this course should consult the instructor.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Disability Law

M,T 1:15-2:45 Block E
Visiting Professor Michael Stein
3 classroom credits 34600-11 Fall

This course will provide a general introduction to legal protections of the rights of people with disabilities. The course will focus primarily on the Americans with Disabilities Act, but we will also address topics arising under international instruments, such as the forthcoming European Union Directive and the proposed United Nations Convention for the Promotion and Protection of the Rights of Persons with Disabilities. We will consider application of these statutes to a wide range of public and private conduct, with special emphasis on employment. Throughout, we will evaluate critically the distinct response of disability rights law to the problem of disability--based disadvantage--a response that emphasizes anti--discrimination and reasonable accommodation mandates-and we will consider the merits of alternative responses.
Peter Blanck, Eve Hill, Charles Siegal, & Michael Waterstone, Disability Civil Rights Law and Policy: Casebook, Thomson/West Publishers (2005).

Dispute Systems Design: Reading Group

T 4:45-6:45 Block L
Professor Frank E. A. Sander and Mr. Robert Bordone
1 classroom credit 34880-31 Spring

The reading group will both introduce students to the theory and promise of dispute systems design and offer for critique several domestic and international case studies of dispute systems design in practice.
The reading group is limited to twelve students with the permission of the instructors. Preference for admission will be given to those who have already taken Alternative Dispute Resolution, Mediation, or Negotiation Workshop. Admitted students will be expected to participate actively in the six biweekly sessions, including the prior submission of some relevant questions, and the willingness to prepare with another participant to lead the discussion for one of the sessions.
Interested applicants should submit a one-page application stating their ADR background and reasons for their interest in the group to Robert Bordone (rbordone@law.harvard.edu).

Distribution and Decision: Seminar

W 4:45-6:45 Block J
Professor Janet Halley
2 classroom credits 98040-31 Spring

This seminar will read some classics in two traditions that have become important for contemporary critical legal thought and practice: the emphasis on distributive analysis as a mode of understanding legal systems and their justificatory apparatuses, and the interest in seeing legal action as the product of a moment of decision. Half of the semester will be devoted to distribution, half to decision.
In the first half of the course we will read from this list: Karl Marx, On the Jewish Question and On the Fetishism of Commodities; Oliver Wendall Holmes, Privilege, Malice and Intent; Robert Hale, Coercion and Distribution in a Supposedly Noncoercive State; Ronald Coase, The Problem of Social Cost; Amartya Sen, Commodities and Capabilities; Sigmund Freud, A Child is Being Beaten; selected essays of Michel Foucault, and Duncan Kennedy, Distributive and Paternalist Motives in Contract and Tort Law. We will examine contemporary contributions to legal scholarship to test out the "critical" capacity of various thought traditions reflected in these readings.
When we turn to decision, we will read Socrates' Apology and the related dialogues; casuistic manuals developed by Jesuits to aid priests seeking to infiltrate Elizabethan England; Nathaniel Hawthorne's The Scarlet Letter; Friedrich Nietzsche's Genealogy of Morals; Søren Kierkegaard's Fear and Trembling; Jean Paul Sartre's Being and Nothingness (selections); Max Weber, Politics as a Vocation, and Carl Schmitt's The Concept of the Political.
Students will supplement these reading with examples from contemporary legal justification.
Students will have various options for short and/or long papers.

Economic Analysis of Law

M,T,W,Th,F 9:00-12:00
Professor Steven M. Shavell
3 classroom credits 35200-21 Winter

This course will systematically develop and examine the economic approach to the analysis of law. Property, tort, contract, criminal law and the litigation process will be discussed. Also, the relationship between welfare economics, morality, and the law will be examined.
There are no prerequisites for taking the course; all students are welcome.

Economics of Regulation and Antitrust

M,T 8:45-10:15 Block A
Professor W. Kip Viscusi
3 classroom credits 35220-11 Fall

This course will provide a general economic assessment of the role of regulation and antitrust policy in the U.S. economy. The course will have four parts. The first part will consider aspects of the rulemaking process by which regulations are generated, including the economic criteria for assessing these regulations. The second section of the course will provide an introduction to antitrust issues including an examination of barriers to entry, collusion, merger guidelines, and price discrimination. The third part of the course will consider a variety of topics in the area of economic regulation including the theories of economic regulation such as capture theory. The topics considered will include natural monopoly regulation as well as case studies, such as cable television and airline regulation. The fourth section of the course will address health, safety, and environmental regulation. In addition to examining conceptual issues, such as the valuation of risks to life and health, this section will provide detailed assessment of product safety regulation, economic principles for environmental regulation, and an examination of cigarette regulation and litigation.
The principal text for the course will be W. Kip Viscusi, John Vernon and Joseph E. Harrington, Jr., Economics of Regulation and Antitrust (4th ed., MIT Press, 2005).
There will be an in-class final examination for this course.

Empirical Methods: Research Applications: Seminar

T 4:45-6:45 Block I
Adjunct Professor Joni Hersch
2 classroom credits 92640-31 Spring

This seminar provides students with the opportunity to analyze and critique empirical research and to perform an empirical study using primary data sources. We will begin with an introduction to hands-on data analysis. We will analyze primary data from sources such as the Federal Court Data: Integrated Data Base (this data set includes all civil, criminal, and appellate cases filed in federal courts), the 1990 National Survey of Lawyers' Career Satisfaction/Dissatisfaction, the General Social Surveys, and the Current Population Surveys. We will then examine empirical topics based on student interest. Topics can draw from any legal area amenable to empirical analysis, such as employment discrimination, family law, crime, bankruptcy, environmental policy, health policy, and analysis of the legal profession and the legal process. Students will select a data set to analyze and will specify and test appropriate hypotheses motivated by the relevant literature. Students are encouraged to work in small groups in order to take on more extensive research projects that require combining data from multiple sources and that examine multiple perspectives. We will also have an occasional outside speaker to present an empirical paper.
Because the emphasis is on applying empirical techniques to substantive problems rather than on learning basic statistics and regression methodology, students should have a background in multiple regression analysis. This background could be provided by the course Empirical Methods for Legal Analysis, by an advanced undergraduate econometrics course, or by work experience. If you are not sure if your background is adequate, please check with the instructor.
Students are asked to e-mail a brief description of interest at the time they register for the course (jhersch@law.harvard.edu.) This information will be used to help organize the course into themes reflective of students' interests. Requirements for all students include regular attendance, active participation in class discussions, commentary on others' empirical research, regular reports on own research project, and an empirical research paper. This paper can be arranged to satisfy the Written Work Requirement.

Empirical Methods for Legal Analysis

M,T 1:15-2:45 Block E
Adjunct Professor Joni Hersch
3 classroom credits 35260-11 Fall

The purpose of this course is to provide lawyers with an understanding of the quantitative tools commonly used in public policy decisions, legal scholarship, and litigation. The first part of the course demonstrates the use of statistics in Supreme Court decisions involving discrimination. In the second part, we analyze epidemiologic methods and evidence applied to mass torts such as asbestos, environmental tobacco smoke, Agent Orange, and breast implants. The third part applies multiple regression analysis to employment discrimination, lending discrimination, and analysis of the legal process. The fourth part demonstrates how the value of a statistical life is estimated for use by regulatory agencies, as well as how monetary values are set for wrongful death, as in the September 11th Victim Compensation Fund. The final part of the course will use tools developed in this course to various applications based on student interest. Possible topics include affirmative action, valuing the environment, evidence on whether there is an abortion breast cancer link, and analysis of the legal profession. The emphasis is on applications and interpretation of quantitative values rather than on the mechanics of deriving the values. There are no prerequisites for the course and prior statistical knowledge is not assumed, although students who have taken Analytical Methods for Lawyers (or have equivalent knowledge) are likely to find this background helpful.

Employment Discrimination B

W,Th 1:15-2:45 Block F
Professor Elizabeth Bartholet
3 classroom credits 35330-31 Spring
2, 3, or 4 optional clinical credits Spring

This course addresses developments in civil rights law in the important context of the workplace. We will look at the growing body of law designed to protect against discrimination based on race, gender, age, or disability. We will examine the ongoing debate in the Supreme Court, Congress, and the nation as to the appropriate meaning of the anti-discrimination norm, a debate that involves questions as to intent as compared to impact theories, individual as compared to group theories, affirmative action, and mandatory arbitration. At issue in this debate is the future of much of the law governing discrimination developed in the 1960s and 1970s.
We will compare race discrimination to problems involving gender, age, and disability, and also touch on national origin and religious discrimination. We will consider the work/family conflict, pay equity and comparable worth theory, sexual harassment, reasonable accommodation doctrine, and other issues of current controversy and significance. Throughout, we will assess and compare discrimination theories developed in different areas and eras.
Text is Rutherglen & Donahue, Employment Discrimination: Law and Theory (Foundation Press 2005) and multilithed packet.
There will be a take-home examination. Students may opt to write a paper in lieu of the examination so long as the professor is satisfied that the paper will adequately address issues covered in the course. In addition, students may be assigned to in-class panels for purposes of class discussion.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Employment Discrimination C

M,T,W,Th,F 9:00-12:00
Visiting Professor Richard Ford
3 classroom credits 35330-21 Winter

This course will examine legal responses to employment discrimination faced by women and racial minorities. The course will survey the relevant doctrine, focusing primarily on federal employment discrimination statutes but also addressing more expansive anti discrimination protections under some state statutes and local ordinances. We will focus primarily on race and sex discrimination, but will also address discrimination on the basis of age and disability.
The course will include both doctrine and political and social theory. The theory elements of the course will attempt to identify the social policy aspirations underlying anti-discrimination law and explore the doctrinal and conceptual difficulties inherent in identifying invidious discrimination and in devising appropriate remedies. Students will be expected to master both the doctrine and the theory and synthesize the two in classroom discussion and in a final paper; classroom participation and the paper will count toward the final grade.

Employment Law A

M,T,W 10:30-11:50 Block C
Professor Christine M. Jolls
4 classroom credits 35300-11 Fall
2, 3, or 4 optional clinical credits Fall

This is a course about legal regulation of the employment relationship. It covers all major legal issues about jobs except those involving unions, which are covered in labor law courses. Among the issues to be considered in this course are job conditions, including safety and health; drug testing of employees; "disloyal" speech by employees; off-work behavior by employees; dismissal without cause; the Family and Medical Leave Act; mandatory arbitration of employment disputes; unemployment insurance; issues related to major "fringe benefit" programs, including pensions and health insurance; and discrimination on the basis of race, sex, age, disability, and other protected traits.
The casebook for this course is WorkLaw: Cases and Materials, by Marion G. Crain, Pauline T. Kim, and Michael Selmi (2005).
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Employment Law B

W,Th,F 8:55-10:15 Block B
Visiting Professor Michael Harper
4 classroom credits 35300-31 Spring
2, 3, or 4 optional clinical credits Spring

This course concerns the legal regulation of the employment relationship. Topics to be treated include the definition of the employment relationship, the employment contract, anti-retaliation protections, whistleblower and other public policy actions, other employment torts, protection of employee privacy, post-termination restraints, regulation of compensation and hours, regulation of employee benefits, preemption of state law by federal law, employment arbitration, and first amendment protections for public employees. A significant portion of the course will also present the basic substance and procedure of the federal employment discrimination laws. Students who have taken employment discrimination should check with the instructor before taking this class. Collective bargaining and unions will not be treated.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Text to be announced.

Entertainment, Media, and the Law

W 3:00-5:00 Block G/L
Visiting Professor Michael Harper
2 classroom credits 35640-11 Fall
2, 3 or 4 optional clinical credit Fall

This course explores how the law does and should treat a series of issues presented by the modern entertainment industry. The law applied includes that of the First Amendment, FCC regulations, defamation, privacy and publicity common law, copyright and trademark, contract, agent regulation, labor and antitrust. Among the topics treated will be the regulation of sex and violence, the protection of reputation, privacy and autonomy, the encouragement of creative and commercial effort and innovation, and the facilitation and control of organized participation of labor and capital in the entertainment industry. Credit for the course is based on paper options and some class room participation. Students will be expected to defend or critique current legal doctrine. There is no examination. The case book will be Paul C. Weiler, Entertainment, Media and the Law (West 2002), supplemented by some unpublished materials.

Environmental Law

M,T 8:45-10:15 Block A
Assistant Professor Matthew Stephenson
3 classroom credits 35500-31 Spring
2, 3, or 4 optional clinical credits Spring

This basic course in environmental law will focus on the legal mechanisms used to combat perceived environmental harms, as well as the legal procedures and constraints that shape environmental decision-making. The course will focus on the major federal environmental statutes (NEPA, the Clean Air Act, the Clean Water Act, RCRA/CERCLA, the Endangered Species Act), investigating how these and other statutes have been designed, interpreted, and enforced. The course will also cover the constitutional dimensions of environmental law (e.g., federalism, standing, and takings jurisprudence), administrative decision processes as they relate to environmental regulation, the role of private enforcement in the environmental context, and the political economy of environmental policy.
Please refer to the Clinical course section for early drop/add deadlines and rules for all clinical courses.

Equality

M,T,W,Th,F 9:00-12:00
Professor Christine M. Jolls and Visiting Professor Cass R. Sunstein
3 classroom credits 35590-21 Winter

This course will explore equality as a legal concept, focusing on both constitutional and statutory law and covering discrimination on the basis of race, sex, age, and disability. A primary goal will be to evaluate the competing conceptions of equality that underlie the law's various antidiscrimination principles. There will also be an effort to compare constitutional and statutory requirements, with an emphasis on both the substantive accounts of equality and the institutional limitations of courts.

Ethics and Biotechnology: Seminar

M 4:45-6:45 Block H
Professor Michael J. Sandel
2 classroom credits 93370-11 Fall

The seminar explores the moral, legal, and political implications of recent advances in biotechnology. Topics will include human cloning, stem cell research, sex selection, genetic engineering, eugenics, genetic discrimination and insurance, and the commodification of life forms. Readings will be drawn from bioethics, political theory, and law. Requirements include regular attendance and participation and a seminar paper. Enrollment is limited to fourteen law students, and, with the permission of the instructor, Ph.D. students from the Faculty of Arts and Sciences.
Michael J. Sandel is the Anne T. and Robert M. Bass Professor of Government in the Faculty of Arts and Sciences.

Evidence A1

Th,F 1:15-2:45 Block F
Professor Scott Brewer
3 classroom credits 36000-11 Fall

Judges, jurors, and legislators depend on judgments about knowledge and justified belief in reaching decisions about when it is justifiable to deprive litigants of property, liberty, or life. But the evidence is in, and it is overwhelming: all people-certainly including judges and jurors and lay and expert witnesses-make mistakes in reasoning, in perception, and in judgments of all kinds. So how can one be sufficiently confident that anyone, judges, jurors, and witnesses included, has knowledge or justified belief? Not only is this among the most enduring questions in philosophy, it is also the central question posed, and answered in various ways, by the rules and principles of evidence. This course offers a rigorous introduction to those rules and to the principles judges and legislators offer to explain, justify, and motivate them. It focuses on the rules of the American Federal System (the Federal Rules of Evidence and cases interpreting them), but also examines some rules in state courts and other (non-U.S.) jurisdictions when doing so is useful. A guiding assumption of this course is that in order to master the rules of evidence one must understand the background philosophical assumptions and methods on which those rules demonstrably rely.
Topics covered may include: presumptions and standards of proof and persuasion; judicial notice; relevance and unfair prejudice; privileges; authentication and best evidence rules; hearsay; la,epr, and scientific expert evidence (including overtly-probabilistic and statistical evidence); examination and impeachment of witnesses; character and propensity evidence; and some of the constitutional questions that arise in connection with evidence.
Evidence is a prerequisite for the Trial Advocacy Workshop and can be used (there are other ways to do this as well) as the basis for certification to practice in conjunction with any of the School's clinical offerings.

Evidence A2

W,Th 8:45-10:15 Block B
Visiting Professor Peter L. Murray
3 classroom credits 36000-12 Fall

In a trial of the facts to a jury, the respective trial lawyers strive to recreate in the consciousness of the fact-finders clear and credible images of events and circumstances from real life. The trial lawyers' presentations relate facts proven by evidence to the common experience of the fact-finders in order to generate inferences of other facts not directly provable. The law of evidence regulates this process and legitimates outcomes in the Anglo-American jury trial tradition. In this course the rules of evidence are presented and studied in the context of effective trial advocacy with some consideration of comparative perspectives on fact-finding in various legal systems.
The course is structured around the Federal Rules of Evidence but also includes evidence issues from other sources. The basic topics of relevance, hearsay, form of direct and cross examination, rules of exclusion, illustrative aids, impeachment, authenticity, expert testimony, best evidence, privilege, and unfair prejudice will be covered through study and discussion of trial problems as well as of rules and cases.
Text: Green, Nesson, and Murray, Problems, Cases and Materials on Evidence (3rd ed. 2003), plus Evidence Rules Supplement, and computer-aided instructional materials. The course text, lecture notes, assignments, and additional materials will be available on the course website.
Evidence is a prerequisite for the Trial Advocacy Workshop and can be the basis for certification to practice in conjunction with any of the School's clinical offerings.

Evidence B1

M,T,W 3:00-4:20 Block G
Professor John H. Mansfield
4 classroom credits 36000-31 Spring

This course in the law of evidence aims to give students a thorough understanding of the basic principles in this field of law. Among the topics considered are relevance, authentication, best evidence rule, hearsay, examination and impeachment of witnesses, privileges, burden of proof, presumptions, and judicial notice. The primary focus is on the Federal Rules of Evidence, but attention is also given to other approaches to evidentiary problems. Certain constitutional questions that arise in connection with evidence are considered.
Text: Weinstein, Mansfield, Abrams, and Berger, Cases and Materials on Evidence (9th ed. 1997) with Supplement of Rules.
Evidence is a prerequisite for the Trial Advocacy Workshop and can be used (there are other ways to do this as well) as the basis for certification to practice in conjunction with any of the School's clinical offerings.

Evidence B2

M,T 1:15-2:45 Block E
Professor Frederick Schauer
3 classroom credits 36000-32 Spring

This course will examine the doctrines, rules, and policies relating to the proof of facts in court. We will deal substantially with the Federal Rules of Evidence and occasionally with their state law counterparts, focusing primarily on questions of relevance, authentication, physical evidence, documentary evidence, hearsay, privileges, burden of proof, demonstrations and experiments, qualification of witnesses, character evidence, and scientific and expert testimony.
The subject of evidence is simultaneously intensely practical and theoretically challenging. In looking at the rules by which parties seek to establish facts in court, we draw on learning from decision theory, statistics, social psychology, epistemology, the philosophy of law, and the philosophy of science, among others, all in an effort to understand what it is to prove and to know facts and how it is that judges and jurors can make decisions in the face of factual uncertainty. Yet while we are examining the deepest questions of the nature of expertise and authority, and puzzling over how we know what we know and how courts learn about the factual world, we will also be aiming to achieve genuine fluency in the use of those rules of evidence that structure the trial process and support effective trial advocacy.
Materials to be announced.
Evidence is a prerequisite for the Trial Advocacy Workshop and can be the basis for certification to practice in conjunction with any of the Law School's clinical offerings.

Evidence C

M,T,W,Th,F 9:00-12:00
Professor Charles R. Nesson
3 classroom credits 36000-21 Winter

Evidence--the law, logic, and philosophy of proof. How does our trial system generate (and sometimes fail to generate) morally and politically acceptable conclusions to factual disputes? How and why do judges shape the evidence juries consider? How do media and digital technologies affect the process of proof? What ethical issues do lawyers face in producing and presenting evidence? These and related questions are explored as part of the process of learning the Federal Rules of Evidence.
Evidence is a prerequisite for the Trial Advocacy Workshop and can be used as the basis for certification to practice in conjunction with any of the School's clinical offerings.

Evidence and Reason in Law, Philosophy, and Science: Seminar

T 4:45-6:45 Block I
Professor Scott Brewer
2 classroom credits 93040-31 Spring

The rules and principles of evidence law inevitably make and heavily rely on many philosophical assumptions. Among them are assumptions about the nature of probabilistic reasoning, the reliability of testimony (both lay and expert), the nature of scientific inquiry, and the nature of knowledge and justified belief. In this seminar we will analyze and discuss some of the most important of these assumptions. For each topic we consider, we will read relevant rules of evidence from American federal and state jurisdictions, identify some of the important philosophical issues raised by those rules, and assess the extent to which cogent philosophical reasoning either supports current rules of evidence or suggests reforms in those rules. Readings will include rules of evidence, other statutory materials, leading cases, and work by philosophers and legal scholars. No special background in philosophy is required. The basic course in evidence, taken either before this class or simultaneously, may be helpful but is not required. Course work consists of a paper and class participation.

Family Law A1

M,T,W 3:00-4:20 Block G
Professor Janet Halley
4 classroom credits 36600-11 Fall
2, 3, or 4 optional clinical credits Fall or Spring

This course comes in three parts. The first examines U.S. family law a private welfare system and a displaced set of property, contract and tort rules. To do this we will begin with some theoretical readings intended to provide various ways of seeing the distributive importance of the family law system, and then turn to an examination of rules governing divorce (including access to divorce, the role of fault, property division, child custody and child support), the property consequences of death (probate, social security survivors' benefits, and the like), the various duties assumed by family members for one anothers' support, investment and insurance schemes tied in various ways to family status, and various transfers made to families from public resources, employers, and other third parties. We will examine the differences between marriage, common law marriage, civil unions, "covenant marriage" regimes, cohabitation regimes, singleness, and sheer nonrecognition of legal relatedness as distributive regimes; we will close the section with a predictive study of same-sex marriages in a world of interstate enforcement and Defense of Marriage Act provisions. Students simultaneously enrolled in the course and in the Family Law Clinic will be invited to provide examples from their current practice.
We will then turn to an examination of the "constitutional family." Here we will examine the heavily normativized struggles over the legitimacy and scope of federal constitutional rights in the family law domain. Our approach here will be largely historical, and will take into account such matters as decisions to have sex, to reproduce and to avoid reproduction, to obtain and to avoid parental status; relative roles of parents and the state in the control and custody of children; and access to marriage. We will examine the relative effect of equality doctrine and substantive due process adjudication on family law rules and observe the rise in this domain of rational basis review with razor teeth. The goals here will be to discern the range of family law rules and the range of their constitutional permission, and to get a sense of how a relatively limited set of structural ambivalences (law/equity, rules/standards, form/substance, courts/legislatures, private/public, etc.) sets the terms for struggles over outcomes.
Finally, we will attempt to study family law as it emerges from largely administrative regimes: federal welfare law and bankruptcy law are sources of family law for poor and financially stressed families; regimes involving physical custody or mandatory residence (public schools, foster care, prisons, mental health institutions, the military, and the like) manage family life very intimately; and private and public adoption systems have their own law on the "bests interests of the child." The goal here will be to apprehend the multiplicity and administrative refinement of our ancillary family law systems.
Text: Photocopied materials and a casebook, Harris and Teitelbaum, Family Law. The examination will consist of a fifteen-page paper responding to questions distributed in class.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
In order to focus all of our attention on discussion of the materials, there will be no use of laptop computers in class. Please take this into consideration in deciding whether this is the right Family Law course for you!

Family Law A2

W,Th,F 1:45-2:45 Block E
Professor David Westfall
3 classroom credits 36600-13 Fall
2, 3, or 4 optional clinical credits Fall

This course explores the legal aspects of a broad spectrum of intimate relationships that shape our lives from birth onward. Family relationships are extensively regulated by statute, judicial decision, and, to an increasing but still limited degree, by private contract as well. Yet in few other areas is there a wider gap between the written law and the informal rules by which family members govern themselves. The causes and consequences of that gap are a recurring theme throughout the course.
The course also explores the process and consequences of the dissolution of marriage and alternative relationships, including procedural and economic aspects, as well as other consequences for the parties and their children. Contemporary issues in the division of property and allocation of support obligations and the rationales reflected in present practices are explored, as well as the tension between private ordering and state-imposed rules governing intimate relationships.
Students who wish to enroll in the course with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section for early add/drop deadline rules for all clinical courses.
Text: Harris, Teitelbaum & Carbone, Family Law, 3rd ed. (2005) and multilithed materials.

Federal Budget Process (The): Seminar

M,T 1:15-2:45 Block E
Professor Howell Jackson
2 classroom credits 93910-31 Spring

In this seminar, we will explore the law, politics and economics of federal budgets. The course begins with an overview of congressional budget procedures, and then turns to the role of the executive branch in setting spending priorities, particularly in defense spending. We will also examine the manner in which the federal budget accounts for entitlement programs, such as Social Security and Medicare, as well other long-term obligations. Students enrolled in this seminar will be assigned to write two short briefing papers on specific topics related to the federal budget process. A number of these topics would be appropriate for students interested in writing third year papers in conjunction with this seminar. Readings for the course will be from Allen Schick, The Federal Budget: Politics, Policy, Progress (rev. ed 2000) and supplemental materials.

Federal Courts and the Federal System A

M,T,W 10:30-12:10 Block C
Professor Martha A. Field
5 classroom credits 36900-11 Fall

This course involves a study of the role of the federal courts in the operation of the federal system. Topics include: choice of law in the federal courts and the development of federal common law; the power of Congress to regulate jurisdiction; Supreme Court review of state court judgments; federal habeas corpus; and the federal question jurisdiction, including limitations on its exercise. Special attention will be given to various technical doctrines that frequently limit federal jurisdiction in constitutional litigation against states: the abstention and sovereign immunity doctrines, and limitations on federal injunctions against state proceedings. Other topics concerning the Civil Rights Act, 42 U.S.C. 1983, will also be considered.
The course is open to students who have taken, or are concurrently taking, Constitutional Law.
Text: Low and Jeffries, Federal Courts and Federal-State Relations, and the most recent Supplement.

Federal Courts and the Federal System B1

M,T,W 10:30-11:50 Block C
Professor Richard H. Fallon, Jr.
4 classroom credits 36900-31 Spring

This is an advanced course on the role of the federal courts in the operation of the federal system. One set of issues arises from the structure of a federal system that recognizes both the nation and the states as sources of lawmaking authority. Another set involves the definition of the judicial function in a national government consisting of three branches.
Topics in the course will include congressional control over federal court jurisdiction; Supreme Court review of state court judgments; choice of law in the federal courts and the development of federal common law; the federal question jurisdiction; suits against state and federal governments and officials, and the immunities relevant to such suits; and federal abstention.
Constitutional Law is a prerequisite.
The casebook is Hart & Wechsler's, The Federal Courts and the Federal System (5th ed. 2003) and its 2005 Supplement.

Federal Courts and the Federal System B2

M,T,W 10:30-12:10 Block C
Professor Daniel J. Meltzer
5 classroom credits 36900-32 Spring

This course is a study of the role of the federal courts in the operation of the federal system. This is an advanced course in public law, judicial administration, and constitutional and civil rights litigation. The course will cover the following topics: the power of Congress to regulate the jurisdiction of the Supreme Court and lower federal courts; the case or controversy requirement; federal question jurisdiction, including special attention to problems of constitutional litigation against the states and abstention doctrines; doctrines of sovereign and individual immunity; choice of law in the federal courts and federal common law; Supreme Court review of state court judgments; and federal habeas corpus. Constitutional Law is a prerequisite; students who have not completed a course in constitutional law may enroll only with the prior permission of the instructor.
Richard H. Fallon Jr., Daniel J. Meltzer, and David L. Shapiro, Hart and Weschler's The Federal Courts and the Federal System (5th ed. 2003) and 2005 Supplement.

Federal Indian Law

M,T 1:15-2:45 Block E
Visiting Professor Carole E. Goldberg
3 classroom credits 37010-31 Spring

This course provides an overview of federal Indian law through a study of cases and historical and contemporary materials. It covers the basic conflicts among sovereign governments which dominate this area of law, including conflicts over jurisdiction, land rights, hunting and fishing rights, water rights, domestic relations law, and environmental protection. As time allows, other areas such as religious freedom and cultural resource protection will also be covered. Students should gain a critical understanding of the basic tenets of federal Indian law, the bases of Indian nations' sovereignty, the structure of the federal-tribal relationship and its history, and a sense of the future directions the courts, Indian nations, and Congress may take in addressing current legal issues in Indian country.

Federal Litigation: Civil

Th,F 1:15-2:45 Block F
Professor David Rosenberg
3 classroom credits 37110-31 Spring

Students will work on pretrial stages of a hypothetical case in a federal district court. Included will be interviewing, pleading, discovery, negotiations, class action certification, and preliminary relief. The work will include the drafting of pleadings, briefs, and opinions as well as oral arguments and judging of various motions.
This course is available to all interested students.

Federal Public Land and Resources Law

M,T,W,Th,F 1:00-4:00
Visiting Professor John Leshy
3 classroom credits 37130-21 Winter

This course provides a basic introduction to the principal laws and legal doctrines that govern nearly one-third of the nation's land base, that which is owned and managed by the federal government. It begins with a history of federal land policy, exploring how and why such a large body of lands came to be in federal ownership. Other topics to be addressed include constitutional issues, the relationship between the executive and the legislative branches, judicial review questions, generic laws that govern most federal lands decisions (such as the National Environmental Policy Act and the Endangered Species Act), the federal land planning process, and laws that apply to the national parks, forests, wildlife refuges, and wilderness. Considerable attention will be given to contemporary policy disputes over such lands and resources. There are no prerequisites. Credit is based upon a final examination.
The text is Coggins, Wilkinson & Leshy, Federal Public Land & Resources Law (5th ed., Foundation, 2002), plus supplementary handouts.

First Amendment Theory

M,T,W,Th,F 9:00-12:00
Visiting Professor Seana Shiffrin
3 classroom credits 37250-21 Winter

The class will explore the theoretical foundations behind the free speech protection. Topics to be covered include: different theoretical approaches to the general protection of freedom of speech, and more specific topics such as incendiary speech, hate speech, commercial speech, compelled speech, freedom of association, the significance of motive in free speech analysis, secondary effects, and the relationship between the freedom of speech protection and other civil liberties.
Readings will be drawn from historical and contemporary sources and from the philosophical and legal literature. No prior background in philosophy is presupposed, but you'll get the most from the course if philosophical questions interest you. Students will be expected to attend, participate, do the reading, write a few one to two-page reaction papers, and submit a medium-sized final paper (12-15 pages); the final paper will be more of an exercise in sustained analytical argument than in extensive legal research. The final paper will be due in early February.

Food and Drug Law

M,T,W,Th,F 9:00-12:00
Mr. Peter B. Hutt
3 classroom credits 37300-21 Winter

This course explores the full range of federal regulation of products subject to the jurisdiction of the Food and Drug Administration (FDA). These products include food, human prescription and nonprescription drugs, animal feed and drugs, biologics and blood products, medical devices, and cosmetics, which together comprise approximately 25% of the gross national product. The course examines the public policy choices underlying the substantive law, FDA enforcement power, and agency practice and procedure. The course covers such contemporary issues as controlling carcinogens, expediting approval of AIDS and cancer drugs, importing drugs from abroad, switching drugs from prescription to nonprescription status, balancing the benefits and risks of breast implants, compassionate use of experimental products, control of such biotechnology techniques as gene therapy, requiring adequate consumer and professional labeling for FDA-regulated products, and the relationship among international, federal, and state regulatory requirements. A prior course in Administrative Law is desirable but not a prerequisite.
Enrollment in this course is limited to seventy-two students. Sixty students will be enrolled through the Pre-Registration General Lottery. The remaining twelve places will be reserved for students who are not selected for the course by the lottery but who choose to combine the course paper with the third-year Written Work Requirement.
The required course paper may be combined with the Written Work Requirement. This applies to students who take the course as a 2L or a 3L. Students who know that they wish to choose this option should inform the Registrar and e-mail the instructor at phutt@cov.com.
Text: Hutt and Merrill, Food and Drug Law (2nd ed. 1991) and Statutory Supplement (1996).

Future(s) of the Large Law Firm: Seminar

W 4:45-6:45 Block J
Professor David B. Wilkins
2 classroom credits 93940-31 Spring

This seminar will examine the challenges facing U.S. large law firms as they compete for clients and labor in an increasingly competitive, multidisciplinary, and globalized marketplace. Our investigation will focus on three areas: competition, regulation, and careers. Among the questions we will address are the following: How are various large law firms (both in the U.S. and abroad) trying to position themselves in the global market for legal services and what are the costs and benefits of these strategies? How are large law firms currently managed and how should they be managed? Which other professional service firms-the Big 5, investment banks, consulting firms, technology firms-pose the greatest threat to large law firms and why? How are global law firms currently regulated and are there alternative models that might be more effective? What skills do young lawyers need to build successful careers in the twenty-first century?
Students are required to attend classes, participate in class discussion, and write a final seminar paper.

Gender Violence, Law, and Social Justice: Seminar

T 4:45-6:45 Block I
Ms. Diane Rosenfeld
2 classroom credits 94020-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring

This seminar will examine in depth the phenomenon of gender-motivated violence. From many different perspectives, we will attempt to identify both the causes and the effects of the prevalence of violence against women. Questions we will consider include: What makes violence against women different from other types of violence? What have been the law’s attempts to address such violence, and how effective have they been? What paradigmatic shifts in thinking about gender-motivated violence would be necessary to address it more effectively?
The course will start with an examination of the state of the law as it stands, emphasizing the background and repercussions of U.S. v. Morrison, in which the Supreme Court struck down the civil right to be free from gender-motivated violence that was part of the Violence Against Women Act. From there, we will move on to a study of the sociological underpinnings and cultural contexts of intimate partner violence and sexual violence more generally. This will include an examination of how the media cover high-profile cases involving sexual violence, and how that shapes the public’s sense of rights and entitlements. Finally, using case studies, we will examine the strategic use of the law to reduce the toleration of sexual violence in institutions such as the military, schools, religious institutions, athletic teams and the family.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Gender and Constitution Making: Theory and Practice from Australia to Iraq

M,T 1:15-2:45 Block E
Visiting Professor Helen Irving
3 classroom credits 37810-31 Spring

The role of women in constitution-making, and the gendered character of constitutions are not usually examined in courses on constitutional law. However, constitutions are not gender-neutral. Women's experiences, interests and needs, are critically affected by the way in which constitutions are made, and by the particular content of a country's constitution. Although it may come as a surprise to many people, women's participation in constitution-making is not just a recent phenomenon. Women were actively involved--both directly and indirectly--in Australia's processes of writing and adopting its Constitution in the 19th century. This course examines, in particular, the role of Australia's 'founding mothers'. It also considers more recent examples, including through a "watching brief" on Iraq. The course also explores the entrenchment of equality rights, and the gendered nature of other constitutional provisions, such as the federal distribution of powers.
There will be a take-home examination.

Global Governance

M,W 4:10-5:30
Professor John G. Ruggie (John F. Kennedy School of Government)
3 classroom credits 37850-31 Spring

This course focuses on the interplay among states, international organizations (such as the UN, WTO, IMF, and World Bank), multinational corporations, civil society organizations, and activist networks in making “public policy” at the global level. Cases are drawn from a broad range of issue areas, including peace and security, economic relations, human rights, and the environment. The objective is to understand better the evolution of global governance arrangements and what difference they make.

Governance and Finance of Japanese Firms: Reading Group

M 4:45-6:45 Block L
Professor J. Mark Ramseyer
1 classroom credit 38650-11 Fall

We have seen an enormous increase in English-language studies of corporate finance and corporate governance relating to Japan. In this readings class, we will survey some of that literature, paying particular attention to those studies that relate to law. We presuppose no advance knowledge of Japanese, economics, or finance.

Government Lawyer (The)

Th 5:00-7:00 Block L
Mr. Donald K. Stern
2 classroom credits 38000-11 Fall
2, 3, or 4 optional clinical credits Fall or Spring

This course will examine the unique roles and responsibilities of the government lawyer. We will look at the differences in federal, state and local functions, powers and resources, and the relationship of civil enforcement to criminal prosecution. In examining the government lawyer's roles as enforcer, prosecutor, implementor of policy, advisor, defender, and advocate for justice and the public interest, we will consider a range of questions, including: Who is the "client," how do you structure discretion and choose priorities, decide what is the public interest, and implement your higher ethical and professional responsibility standards. We will consider the government lawyer's role in investigating cases and in dealing with the public, the press, victims, witnesses, informants, whistleblowers, defense counsel, judges, legislative committees, and enforcement agencies. The course will also examine current criminal and civil enforcement issues in the context of white-collar crime, urban violence, organized crime, terrorism, hate crimes and the impact of race and ethnic bias. We will also consider the impact that civil and criminal enforcement has on corporate behavior and compliance. The course will be taught by Donald K. Stern, who has served in several different government lawyer positions, most recently as U.S. Attorney in Massachusetts. Experts from the government practice of law will participate in some classes. A paper is required in lieu of an examination.
This course will offer an optional clinical component in which students will spend ten, fifteen, or twenty hours per week working at the United States Attorney's Office or at the Office of the Attorney General in a number of criminal divisions and bureaus. Prior to the start of clinical work, students will need to apply for and receive security clearance which is processed through each of these offices, and facilitated by the HLS Office of Clinical Programs. Clinical seminars are periodically conducted throughout the semester at each site on a schedule to be announced.
Details of the clinical work and placements are available at the Office of Clinical and Pro Bono Programs. Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Harvard Legal Aid Bureau Reading Group: Reflections on 'Service Learning'

TBA
Mr. David A. Grossman
1 classroom credit 38080-31 Spring
For 3L members of the Legal Aid Bureau

The reading group is designed to provide an opportunity for third-year Legal Aid Bureau members to reflect upon their experience practicing poverty law within the context of a student-run law clinic. Participants will engage in discussions about the personal, institutional, and organizational factors that have affected their work as Bureau student-attorneys and, by tying these discussions to assigned readings, construct a framework for critical analysis of the Bureau as a poverty law clinic and as an educational institution. The topics and readings for the semester will be tailored to group interest. Some of the questions that students this year have expressed an interest in discussing include: "How have our experiences at the Bureau changed how we look at our futures, helped us connect with our passions, and given us a better feel for what we want to do with our law degrees? What are the moral frameworks in which poverty lawyers operate? Are our intake decisions value laden? If so, are they value laden in a problematic way? Are there ways in which we may be working to further entrench poor communities as opposed to help them gain a critical awareness of the institutional structures that are oppressive forces? What roles have power and authority played in our relationships with our clients?"

Health Care Institutions

M,T 8:45-10:15 Block A
Visiting Associate Professor Dean Hashimoto
3 classroom credits 38300-31 Spring

This course introduces the law of health care institutions, including hospitals, insurers, government buyers, and health maintenance organizations. We will review new payment methods and insurance forms, antitrust litigation, challenges to not-for-profit status, the influence of ERISA on medical care, rationing mechanisms, and the role of integrated delivery systems in the future of medical care. The course emphasizes the structural aspects of medical care, drawing upon diverse materials from health economics and policy literature, as well as case law and commentary.
There will be an in-class examination and no paper option.

Housing Law and Policy

Th 3:00-5:00
Mr. David A. Grossman
2 classroom credits 38100-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring

This course will provide an introduction to housing law and policy through an analysis of issues facing practitioners who represent low and moderate income tenants. We will discuss various government policies, including issues around public housing, subsidies, code enforcement, and rent control; the processes of abandonment and gentrification; and how these policies and processes do or should affect the case-taking priorities and strategies employed by attorneys striving for effective intervention in the lower income housing market. The class will draw on students' experiences in clinical placements (and elsewhere) as well as on the perspectives of a variety of players in the housing market--among them, developers, tenants, organizers, lobbyists, judges, and a variety of practicing lawyers--who will appear as guest panelists.
Students may--and are encouraged to--elect a practice component of 2, 3, or 4 clinical credits in conjunction with the course. Most clinical placements will be at the Hale and Dorr Legal Services Center or at the Harvard Legal Aid Bureau (for members). A limited number of alternative clinical placements can be arranged in advance through the Office of Clinical Programs. Clinical students with a placement at the Hale and Dorr Center must also enroll in the one-credit Clinical Workshop.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Requirements for the course will include a paper or a project. There will be no examination. Enrollment is limited to 25 students. If the course is oversubscribed, preference will be given to students who also elect the clinical component.

Human Rights Advocacy: Seminar

Section 1
M 4:45-6:45 Block H

Mr. James Cavallaro and Ms. Binaifer Nowrojee
2 classroom credits 94740-11 Fall
2, 3 or 4 optional clinical credits Fall or Spring

Section 2
M 7:15 p.m.-9:15 p.m. Block M

Mr. James Cavallaro and Ms. Binaifer Nowrojee
2 classroom credits 94740-14 Fall
2, 3 or 4 optional clinical credits Fall or Spring

In the space of fifty years, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse, if not practice. This course examines the actors and organizations behind this remarkable development. What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense?
This seminar introduces students to human rights advocacy through participation in supervised projects, as well as readings, class discussion, role-playing and participatory evaluation of advocacy strategies. The clinical projects will involve work individually or in small groups in collaboration with human rights NGOs and/or before intergovernmental bodies.
In addition to the primary clinical component, this course will expose students to some of the practical manifestations of the main debates and dilemmas within the human rights movement. These will include several of the ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of the western international nongovernmental organizations (NGOs) and their counterparts in the (frequently non-western) developing world.
Class sessions will focus on analysis of advocacy from the recent history of the human rights movement, but will also include role-playing sessions and student-led discussions of their clinical projects.
Students who wish to enroll for this course with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section for the early drop/add deadlines and rules for all clinical courses.

Human Rights Clinical Workshop A

Section A
T, 4:45-6:45
Mr. James Cavallaro
1 classroom credit 38250-11 Fall
2, 3, or 4 optional clinical credits Fall

Section B
T, 4:45-6:45
Mr. James Cavallaro
1 classroom credit 38250-31 Spring
2, 3, or 4 optional clinical credits Spring

This workshop brings together a relatively small number of students engaged in clinical work through the Human Rights Program to develop advocacy skills and analyze their clinical experience. The workshop must be taken in conjunction with clinical units (2, 3, or 4) through the Human Rights Program. Initial readings focus on the history and critiques of the human rights movement. The next several sessions focus on developing fundamental advocacy skills throughout role-playing sessions, drafting recommendations and press releases and interaction with the media. By mid-semester, the workshop will shift its focus to the students' advocacy approaches and projects.
During the second half of the semester, there will be some additional reading (to be distributed in class). In addition, for each class meeting in the second half of the semester, one or more students will present a reflection paper (of five to ten pages, double spaced), on her/his clinical work experience. Other students are required to review these papers and comment on them during class sessions. The papers must be distributed to the class by the Friday prior to the class session at which they are to be discussed.
All students will work on a clinical project or projects involving one or more of the following elements: (1) a significant research component; (2) collaboration with a human rights organization; and (3) participation in some process such as a UN or Organization of American States (OAS) session, NGO investigation, advocacy campaign or court proceedings. Unlike domestic clinical work, the projects may not involve judicial proceedings.
Grades for the workshop will be based on the brief paper and its presentation, as well as two submissions to be developed during the role playing exercises of weeks 5 and 6 (press release and recommendations), and participation in class discussions.

Human Rights Research: Seminar

M 4:45-6:45 Block H
Professor Mary Ann Glendon
2 classroom credits 94700-11 Fall

This seminar will consist of supervised research and writing on the following contemporary human rights issues: human rights and national sovereignty; roles of NGOs in human rights; human rights and foreign aid; and foreign and international norms in national courts. Applicants should send a c.v. and project description to Prof. Glendon (glendon@law.harvard.edu). Prerequisite: Submission and approval of a project outline in one of the above areas.

Human Rights, State Sovereignty, and Persecution: Issues in Forced Migration and Refugee Protection

T 4:45-6:45 Block L
Ms. Jacqueline Bhabha
2 classroom credits 38230-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring

This course explores differing types of forced migration today, including refugee flight, asylum, internal displacement, trafficking. It analyses the institution of asylum, as a tool of states and an aspect of international human rights protection. It questions whether the concept of refugee protection or asylum is outdated. The definition of a refugee in international law is considered in detail, including key concepts such as "well-founded fear of persecution." Comparative materials, including case law, from the United States, Europe, Australia, and Africa are used to explore implementation of international refugee law through domestic courts and to examine policy developments related to forced migration. Other issues covered include gender persecution, asylum eligibility for victims of non-state persecutors (husbands, rapists, guerrilla forces), asylum and "terrorism," refugee and asylum-seeking children, the relationship between the Refugee Convention and the Convention Against Torture. The course concludes with a consideration of recent responses to the problem of mass displacement, including "safe havens," and other forms of temporary or humanitarian protection. Students who wish to enroll in the course with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section for early drop/add deadline rules for all clinical courses.

Immigration Law

Th,F 1:15-2:45 Block F
Visiting Professor Gerald Neuman
3 classroom credits 38600-11 Fall
2, 3, or 4 optional clinical credits Fall

Migration policy has long provoked controversy and has become even more contentious in the new era of homeland security. This course will examine federal immigration law and policy in a variety of its aspects -- contemporary and historical, substantive and procedural, statutory and regulatory and constitutional -- including the criteria for admission to the United States on a temporary or permanent basis, the grounds and process of deportation, the peculiar constitutional status of foreign nationals, the role of the courts in ensuring the legality of official action, and an introduction to refugee law.
The examination will be open book.
Basic text: Aleinikoff, Martin and Motomura, Immigration and Citizenship: Process and Policy (5th ed. 2003), and Statutory Supplement.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

International Childhood, Rights, and Globalization

T,Th 10:00-11:30
Ms. Jacqueline Bhabha
3 classroom credits 38880-11 Fall

This course deals with the impact of globalization of different aspects of childhood, and on human rights issues affecting children who cross borders. Why are increasing numbers of children migrating without their families - to reunify with migrant parents after being left behind, in search of asylum, as victims of sexual or labor trafficking, as child soldiers, as transnational adoptees? Why are citizen children unable to prevent the deportation of their non citizen parents (does citizenship mean anything for children)? The course will consider immigration, refugee and human rights questions as they relate to international childhood today. Jointly offered by the John F. Kennedy School of Government and the Law School.

International Civil Litigation

T 4:45-6:45; Th 3:00-5:00 Block L
Visiting Professor Rolf Stürner
2 classroom credits 39040-11 Fall

The course is an introduction to international litigation in courts in the United States and Europe and special issues that arise in international cases. The topics to be discussed and considered include: subject matter and personal jurisdiction in international disputes, selection of forum and forum non conveniens, service of process abroad, taking of evidence and other ancillary proceedings in foreign countries, recognition and enforcement of foreign judgments in the United States and of American judgments in foreign countries, foreign sovereign immunity and Act of State doctrine, etc. Attention will be given to international conventions and ongoing development such as the Unidroit/ALI-Principles of Transnational Civil Procedure and the ALI’s International Jurisdiction and Judgments Project. The course will include comparative dimensions.
The course text is Born, International Civil Litigation (3rd ed. 1996). Photocopied supplemental materials will give correct and complete information on the development of the last years.
The course is designed to meet the interests and expectations of American graduate and J.D. students as well as those of graduate students from abroad. The course will be offered during the first six weeks of fall term with two 2-hour lectures each week.

International Economic Law

T,W 4:45-6:45 Block L
Visiting Professor Daniel Tarullo
4 classroom credits 38860-11 Fall

This course examines the legal and institutional structures for international economic relations. Half the course will cover the trading system (World Trade Organization and associated agreements). The other half will cover topics in investment and finance. Thematically, we will explore the economic, institutional, and political issues raised by the emergence in recent years of a trading system model for international economic arrangements that has been applied, sometimes controversially, to progressively more areas of economic relations (including some of the investment and financial arrangements studied in the course). Topically, we will cover the major features of the world trading system and relevant U.S. law--including non-discrimination obligations, import remedies, limits on domestic health and environmental regulation, trade in services, and regional trade agreements--as well as selected investment (expropriation, intellectual property protection, antitrust, anti-bribery) and financial (currency restrictions, capital transfers, international banking regulation, money laundering) subjects.

International Finance

M,T 1:15-2:45 Block E
Professor Hal S. Scott
3 classroom credits 38900-31 Spring

This course examines policies and regulation affecting cross-border banking and securities transactions in the three major markets, the United States, the European Union and Japan. In the U.S. the focus is on how post-Enron capital market regulation affects foreign firms, in the E.U. on continuing efforts to build integrated financial markets, and in Japan on the role of foreign firms in rebuilding the Japanese financial system after the "lost decade." The course also looks at the infrastructure that underlies the global financial system--the U.S. dollar payment system, the Basel Capital Accord, global standards for the clearing and settlement of securities, and rules for different exchange rate regimes. In addition, the course deals with offshore markets--like the Euromarkets and various derivatives markets, as well as global competition between stock and derivatives exchanges and some key aspects of the emerging markets, for example sovereign debt and project finance. The course ends with an examination of how the international financial system has been regulated to control the financing of terrorism.

International Finance: Seminar

M 4:45-6:45 Block H
Professors Howell Jackson and Hal S. Scott
2 classroom credits 95810-11 Fall/Spring

This seminar explores issues of current interest in the field of international finance and financial regulation. In 2005-2006, coverage will include the globalization of securities regulation, regulatory competition among national regulatory systems, regulatory cooperation and conflict between the United States and the European Union, sovereign debt restructuring, and issues related to the establishment of effective systems of financial regulation in developing nations. The seminar will meet for approximately six sessions in the fall term and approximately seven sessions in the spring term. The fall sessions will be designed to introduce students to the topics being covered in the seminar during the year and may include presentations from outside speakers. In the spring sessions, students will be expected to present and comment upon their own research papers.
Students enrolled in the seminar will be expected to write a research paper, which may constitute either an LL.M. thesis or a third-year paper. LL.M. students may enroll in the seminar only if they have been admitted into the International Finance concentration. Third-year J.D. students do not need special permission to enroll, but typically have taken or plan to take in their third year one or two related courses, such as securities regulation, international finance, corporate finance or corporate reorganization, regulation of financial institutions, international trade, or international finance. Second-year students are not generally eligible to enroll in the seminar.

International Human Rights

Th,F 10:30-12:00 Block D
Assistant Professor Ryan Goodman
3 classroom credits 38200-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring

This course examines the law, theory, and practice of international human rights. The course is designed to provide students with an informed and critical perspective on international instruments, intergovernmental organizations, and domestic legal arrangements related to the articulation and implementation of human rights. Topics will include the origins and theory of global human rights; the relationship between human rights norms and issues of state sovereignty; the universal or culturally particular nature of human rights; connections between civil, political, social, and economic rights; transnational strategies associated with implementation and enforcement; and institutional remedies in response to massive human rights violations. The course book is Steiner and Alston, International Human Rights in Context: Law, Politics, Morals (2nd ed., Oxford University Press, 2000).
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

International Human Rights Litigation: Seminar

M 4:45-6:45 Block H
Mr. James Cavallaro
2 classroom credits 94743-31 Spring
2, 3, or 4 optional clinical credits Spring

The past quarter century has witnessed the unprecedented establishment of international courts charged with adjudicating instances of human rights abuse. The newest of these bodies-the International Criminal Court (ICC)-has been heralded by some as one of the great achievements of the Twentieth Century, the culmination of decades of efforts by human rights activists to transform human rights from ideal into applicable law. Yet with the passage of time and the development of a record of performance for these international human rights bodies, critics argue that the experiment with international justice has been a grandiose failure.
This course takes a critical look at international human rights litigation to hold states accountable before regional bodies (the European Court of Human Rights; the Inter-American Commission and Court; the African Commission and Court), universal mechanisms (the conventional and special mechanisms of the United Nations), and special institutions established to render individual criminal justice after mass atrocity (the International Criminal Tribunals for Rwanda; the International Criminal Tribunal for the Former Yugoslavia; the Special Court for Sierra Leone). The seminar will evaluate the process of litigation before these bodies and their jurisprudence, as well as their role in promoting (or undermining) justice and fostering reconciliation (or intensifying tensions) in post-conflict societies.
Requirements: Students will prepare brief reflection papers on the weekly readings and/or one longer, final paper.

International Law

M,W 4:45-6:45 Block L
Visiting Professor Gabriella Blum
4 classroom credits 39000-11 Fall

This is a general introductory course to international law, designed to acquaint students with the methodologies, sources, doctrines, and institutions of international law.
The course will be divided into two parts: The first will be dedicated to the building blocks of international law and their modern development. We will begin by looking at the history and development of international law, and then move on to discuss the nature and structure of the international legal system. We will study the formation of international law; the classical subjects of international law as well as the more modern ones; the increasing role of judicial decisions in making international law, and the tension between state sovereignty and a growing body of international norms and obligations.
In the second part of the course we will briefly explore several substantive areas of international law. These will include international human rights, the use of force, the laws of war and international criminal law, international environmental law, and international economic law.

International Law and International Relations

M,T,Th,F 9:00-12:45
Visiting Professor Oona Hathaway
3 classroom credit 39030-21 Winter

This course will examine the effect of international law on state behavior. When and why does international law influence what states do? What else, aside from law, helps explain state behavior in the international system? The class will consider a variety of explanations for state behavior offered by political scientists and legal scholars, exploring the role of economic and military enforcement, third-party sanctions, domestic politics, and transnational actors (e.g., corporations and nongovernmental organizations) in creating and enforcing international law. The course will include an examination of several current issues of international law relating to, among other things, trade, human rights, use of force, international criminal law, and environmental law.

International Law Workshop: Seminar

Th 5:00-7:00 Block K
Professor William P. Alford and Assistant Professor Ryan Goodman
2 classroom credits 95860-11 Fall

Scholarly writing regarding international law, broadly defined, has changed enormously in recent years and appears likely to continue to do so. This seminar is intended to provide students with the opportunity to enmesh themselves in this scholarly transformation by bringing to the seminar a cross-section of scholars engaged in some of the most interesting new work in this field. Generally, our invited speakers--some from within Harvard and others from outside--will present work in progress. Students in the class will be required to submit brief "reflection" pieces commenting on the paper to be presented and will also have the opportunity to question the presenter during the session. Some sessions of the seminar will be reserved for meetings without outside speakers.
There are no prerequisites for this seminar.

International Law: International Commercial Arbitration

M,T,W,Th,F 1:15-4:15
Visiting Assistant Professor Amr Shalakany
3 classroom credits 39100-21 Winter

This course will consider commercial arbitration as used in international transactions. Among the topics to be discussed are: advantages and disadvantages of arbitration; availability of arbitration; drafting of arbitration clauses; arbitration proceedings (including problems respecting the law governing procedural and substantive questions); judicial review of arbitral awards; enforceability of awards.

International Legal Practice: The European Union

M,T,W,Th,F 9:00-1:00
Mr. Jean-Francois Verstrynge, with the participation of Professor David W. Kennedy
3 classroom credits 35800-21 Winter

This course is based on simulation exercises in which students analyze and develop practice skills appropriate for international legal work. Students will play roles in a range of exercises based on real-life practice problems, involving legal work as judges, advocates, lobbyists, bureaucrats, and private practitioners. We will examine the work done by attorneys in complex international negotiations and multi-jurisdictional practice. We will build skills for factual development, drafting, oral argument, negotiation, persuasion, and on-the-spot analytic thinking in cross-cultural practice settings. Substantively, we will focus on the law of the European Union, and on the relationship between EU rule-making, the U.S. trade negotiation machinery and the WTO framework. Individual simulations raise issues of environmental law, antitrust regulation, company law, intellectual property and other areas of regulation and policy in which the European Union has been active. The course will meet, often in small group preparatory and negotiation settings, for five hours each day.
Course materials: Casebook and distributed materials.

International Negotiation

W,F 1:15-2:45 Block F
Visiting Professor Gabriella Blum
3 classroom credits 39120-31 Spring

The course aims at focusing on those negotiation elements that are more particular to the international arena (with an emphasis on diplomatic and political negotiations). After setting the stage of the basic negotiation theories, we shall then proceed to examine more closely the following issues:
Negotiating across and behind the table (two-level games); strategies and tactics in diplomacy and international negotiations (threats and ultimatums, brinkmanship etc..); international mediation; multilateral negotiations, including the issues of sequencing, coalition-building and decision-making mechanisms; the use of media in international negotiations; cultural and identity issues in negotiations; designing and drafting international agreements; and ethics in international negotiations.
In exploring these issues we will look at some case studies (the Good Friday negotiations, the Dayton negotiations, Camp David negotiations, etc). The course also involves some role-playing and simulations (depending on enrollment).
Prior knowledge of negotiation theory is helpful, but not a prerequisite.

International Relations, Economics and the Nature of the State: Reading Group

T 6:45-8:45 Block M
Visiting Professor Daniel K. Tarullo
1 classroom credit 39380-11 Fall

The end of the Cold War set in motion a fundamental shift in international relations. The ongoing globalization of economic activity continues to erode old institutional structures, both international and national. These two basic features of the 21st century world are usually analyzed separately. Some intrepid scholars, however, have simultaneously tackled both topics. This reading group will consider some of the more interesting and provocative contributions to this literature, particularly books and articles that foresee these two factors changing the nature of the state and, accordingly, the nature of international economic law and relations.

Internet Law and Politics: Seminar

M 4:45-6:45 Block H
Mr. John Palfrey
2 classroom credits 95930-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring
or 2 optional clinical credits Winter

The Internet has at once a disruptive and a constructive effect on politics around the world. Information and communications technologies, of which the Internet is a primary component, have been changing the way that democracies work, the way campaigns are run, and the manner in which citizens communicate with one another and interact with their states. Just as in business, the Internet does not change everything when it comes to politics. But the Internet has, in a few instances ­ such as South Korea in its most recent presidential election, in the Ukraine's "Orange Revolution," and here in the United States ­ made a notable difference in terms of how campaigns are conducted and how people engage in civic life. The Internet enables connections among people geographically disparate from one another and whose only link is a common interest in an idea. The Internet makes possible a series of models that place power at the edges, rather than vest most power in a centralized hub. At the same time, the Internet enables states to carry out intrusive means of surveillance and control over the communications of their citizens. The puzzle is to pull apart what is real from what is hype and to examine closely what effects, if any, these technologies are having on the way that democracies work around the world. This course will consider some of the most intriguing of the political and legal issues to which the advent of the Internet gives rise. The course will seek to frame these questions in the context of political theory. The course has no prerequisites. The only requirement is a willingness to experiment with new technologies.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Introduction to Advocacy (ITA): Civil-The Lawyering Process

Section A
W 4:45-6:45 Block J

Ms. Jeanne Charn, Fall
2 classroom credits + 1 classroom clinical workshop credit + 3 or 4 required clinical credits for a total of 6 or 7 credits.

Section B
M 4:45-6:45 Block H

Mr. David A. Grossman, Spring
2 classroom credits + 1 classroom clinical workshop credit + 3 or 4 required clinical credits for a total of 6 or 7 credits.

This course introduces students to civil law practice. All students will be involved in clinical practice at the Hale and Dorr Legal Services Center and will schedule some time on site at the Center's main office in the Jamaica Plain neighborhood of Boston. Student practice experience is the primary material for all class meetings and discussions. The goal of the course is: (1) to provide a strong foundation for developing lawyer skills; (2) to enhance student understandings of what lawyers do, with particular attention to professional role, values and ethics; and (3) to develop skills of peer and self-assessment so that students will have the ability to continue to learn in practice after law school. Transactional work (advising, drafting, and deal-making) will be emphasized equally with hearing skills. Class meetings will discuss specific lawyer tasks such as client counseling and interviewing, investigation of claims, approaches to negotiation, and argument and case presentation skills. With respect to each skill studied, attention will be paid to the ethical, relational, strategic, and tactical issues involved.
The course satisfies the professional responsibility requirement for the J.D. degree and is open to 2Ls and 3Ls. Students enrolled in ITA-Civil: The Lawyering Process will be given preference for the winter Trial Advocacy Workshop. There will be no examination but students will be expected to complete a project or paper that addresses an ethical or professional issue in their casework or that arises in the weekly class meeting, course readings, or in the clinical workshop. Students may write their third-year paper in connection with the course for one additional credit.
Each student elects 3 or 4 clinical credits and chooses their substantive area of practice by enrolling in one of the substantive Clinical Workshops. See Clinical Workshops: Hale and Dorr Legal Services Center for descriptions.
Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Introduction to Advocacy (ITA): Criminal Justice

Th 5:00-7:00 Block L
Open to 3Ls only.
Professor Charles J. Ogletree
7 classroom credits Fall/Winter
(3F (TAW) + 3F +1W)
4 clinical credits (3F +1W)

This course seeks to examine the nature, functions, dynamics, and ethics of such tasks as interviewing, investigation, examination and cross-examination of witnesses, argument, and other aspects of criminal defense advocacy, both in and out of the courtroom. The course will also examine the theory and practice of defense advocacy for minors accused of delinquency, focusing on the constitutional framework of the juvenile justice system. Students will study the Massachusetts juvenile courts, examining the history and philosophy of a separate juvenile system, juvenile court jurisdiction, and the impact of various state agencies on the administration of justice in juvenile court. The course will attempt to develop a variety of operational and ethical frameworks within which students can understand and evaluate their practice experience.
Students can expect to represent clients on criminal and juvenile delinquency cases in the local courts. They may also provide representation to minors in school disciplinary hearings or represent adult clients in appellate or other post-conviction legal proceedings. Students will be responsible for providing complete legal representation to their clients during the course of the term and are expected to work a minimum of twenty hours per week at the Criminal Justice Institute under the supervision of a clinical instructor at the Institute. Students will receive one-to-one supervision, individual critique of their courtroom work, and participate in regular group sessions with their supervisor. Classroom reading and discussion will draw upon and complement the students' experiences as defense counsel.
The teaching method will include exercises and discussions on the Code of Professional Responsibility and the Model Rules of Professional Responsibility. Students will become familiar with the Fourth, Fifth, Sixth, and Fourteenth Amendment rights of both adults and juveniles accused of delinquency, as well as the law of evidence and sentencing. There will be a review of essential lawyering skills in criminal practice.
Please note that the ITA: Criminal Justice course includes a professional responsibility component and satisfies the professional responsibility graduation requirement. Students may not enroll in more than one course that fulfills the professional responsibility requirement. Enrollment for this course is through the Office of Clinical Programs only. Please refer to the Clinical course section for early drop/add deadlines and other rules.

Introduction to Advocacy (ITA): Prosecution Perspectives

Th 5:00-7:00 Block L
Open to 3Ls only.
Mr. John J. Corrigan
6 classroom credits (3F (TAW) + 2F + 1W)
4 clinical credits (3F + 1W) Fall/Winter

This course will be open to third-year students who will be placed in the Middlesex, Norfolk, Suffolk, or Essex County District Attorney's Office where they will be expected to work a minimum of twenty hours per week under the supervision of assistant district attorneys. At their fieldwork placements, students will represet the Commonwealth prosecuting non-jury District Court criminal cases. While student experiences will vary, students are likely to handle arraignments, bail hearings, pretrial conferences, motion hearings, pleas and trials. Some students may have the opportunity to assist an assistant district attorney on pretrial preparation of Superior Court cases and/or to handle a District Court jury trial.
The classroom component of the course will focus on the role of and decision-making by the prosecutor in the criminal justice system, with particular attention to the exercise of discretion by the prosecutor in investigation, charging, and plea negotiation/sentence recommendation decisions. It will also involve an examination of the lawyering skills involved in case analysis, interviewing witnesses, and negotiation, as well as other aspects of case handling and courtroom advocacy, in the context of the local prosecutor in District Court. Placements will begin the week of October 4, immediately after the completion of fall TAW.
The class instruction for the course during the fall term will consist of one two-hour class per week, as well as several supplemental orientation sessions focusing on Massachusetts criminal law and procedure. Also, extra classes will be scheduled during the winter term.
Readings will consist primarily of multilithed materials. There will be a take-home examination. In addition, students are required to keep a journal relating to their fieldwork experiences, to prepare several short practical skills exercises during the term, and to write a final journal entry containing a more in-depth reflection on an aspect of District Court practice.
All students involved in the course must have completed a course in Evidence and must have taken the Trial Advocacy Workshop. Students also must have at least two days in their schedule free from 8 a.m. to 4 p.m. for court appearances. Please note: This course includes a professional responsibility component and satisfies the professional responsibility graduation requirement.
Enrollment for this course is through the Office of Clinical and Pro Bono Programs only. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Students may enroll in a second clinical course with a professional responsibility requirement, but the course taken second will be reduced by one classroom credit.

Introduction to Advocacy (ITA): Skills and Ethics in Clinical Practice

T 4:45-6:45 Block L
Mr. David A. Grossman
For all 2L members of the Harvard Legal Aid Bureau.
2 classroom credits (Fall)
1 clinical credit (Fall) and 2 or 3 clinical credits (Spring)

This course provides skills training and professional responsibility instruction in connection with clinical training and actual client representation in litigated matters.
The fall 2L course consists of a two-hour classroom discussion focusing on ethical dilemmas encountered by lawyers in practice, especially community and legal services practice, and on basic practice skills such as interviewing, counseling, negotiation, memo and brief writing and oral advocacy. Members of the course will also meet in biweekly seminars in the fall term and four seminars in the spring term led by the Managing Attorney, and Clinical Instructors of the Legal Aid Bureau for further skills training and discussion and analysis of actual cases. All members in this course will handle actual legal services cases at the Harvard Legal Aid Bureau under the supervision of Clinical Instructors. The goals of the entire integrated classroom and clinical experience include: (1) development of strong law practice skills; (2) development of enhanced sensitivity to and understanding of some of the principal ethical issues in civil law practice; (3) development of practice disciplines of reflection, self-assessment to promote on-the-job learning. The classroom portion of the course will be graded based on a paper due at the end of the fall term. Contributions to class discussion may be considered in improving grades based on papers in borderline cases. The clinical credits will be graded on a pass/fail basis. This course fulfills the Law School's professional responsibility requirement.
All 2L members of the Harvard Legal Aid Bureau will be automatically registered for this course with the Office of Clinical Programs.
Please refer to the Clinical course section for the early drop/add deadlines and rules for all clinical courses.

Is There a Better Globalization?: Reading Group

W 6:45-8:45 Block M
Professor Dani Rodrik (John F. Kennedy School of Government)
1 classroom credit 40270-31 Spring

Globalization has raised living standards in the rich countries overall and has also helped some of the poorest nations in the world (China, India, Vietnam) lift millions out of poverty. Yet the principles on which the current model of globalization is anchored and the international economic institutions upholding them are more controversial than ever. Widening inequality in the advanced countries and marginalization of large parts of the developing world (e.g., Sub-Saharan Africa) raise the question: can we improve on the current set of rules and generate greater poverty reduction and social inclusion globally? We will read and discuss some of the leading proposals for the reform on international economic arrangements. Interested students should send their resume and a brief statement of their reasons for wanting to participate to Robert Mitchell (robert_mitchell@ksg.harvard.edu), faculty assistant to Dani Rodrik.

Jewish Law: The Legal Thought of Maimonides

Th,F 10:30-11:30 Block D
Visiting Professor Hanina Ben-Menahem
2 classroom credits 40320-31 Spring

This class will examine Maimonides' legal corpus--including his explicitly legal works, the Code and the responsa; the philosophical Guide for the Perplexed; and the interpretative Commentary on the Mishnah--and the jurisprudential assumptions on which it rests. Though we will be focusing on the legal thought and jurisprudential strategies of one individual, so central is Maimonides in the development of Jewish law that in studying his approach, a wide range of topics pertaining to Jewish law in general, many not related exclusively to Maimonides, will of necessity be touched upon. Students will thus acquire a broad understanding of various theoretical and socio-pragmatic aspects of Jewish law. A reader with all the material in English translation will be provided.

The Judicial Process in Community Courts: Seminar

W 6:45-8:45 Block M
Mr. John C. Cratsley
2 classroom credits 90920-31 Spring
2, 3, or 4 optional clinical credits Spring

This seminar examines through participant observation the functioning of the judicial process in our lower-level trial courts. Attention is paid to the various roles (adjudicatory, administrative, educational, sentencing, and symbolic) that judges play in these courts. The focus of the class is on the interaction between the local court and the community it serves, with a view toward evaluating the role of decentralized, neighborhood-oriented courts in contemporary society. The contributions of various scholars to understanding these courts is reviewed, as well as distinct proposals for reform. Attention is also paid to issues such as judicial accountability and judicial ethics which impact trial judges in all courts.
Students receive two graded credits for the classroom component and two or more clinical credits for their fieldwork activity. Students undertake this study of lower court judicial performance through clerkship-like, fieldwork placements with individual justices of the District Court, Boston Municipal Court, Juvenile Court, and Housing Court Departments of the Massachusetts Trial Court. Students are expected to be available to do research and writing projects for their assigned judge. Students who wish clinical credits are expected to observe and assist their judge for at least eight to ten hours per week (one full day or two mornings) and more fieldwork hours may be arranged through the Clinical Office and the instructor.
See Clinical Workshops: Hale and Dorr Legal Services Center for descriptions.
Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
A fifteen- to twenty-page paper describing some aspect of the judiciary's work in these courts is required and serves as a basis for each student's grade. Enrollment is limited to fifteen students. LL.M. candidates may enroll.

Judicial Profession: Its Independence, Accountability, and Ethics: Seminar

T 4:45-6:45 Block I
Professor Andrew L. Kaufman
2 classroom credits 94590-11 Fall/Spring

There are many courses about lawyers and the legal profession. This seminar focuses on judges. The principal focus will be on specific topics that are currently of most concern to those interested in the judicial profession: the independence of the judiciary; how judges are and should be selected; what kinds of political activities judges may pursue; how free judges are to express their opinions about events of the day, legal and otherwise; what organizations judges may join and what organizations they are or should be forbidden to join (i.e., the ACLU, the Federalist Society, the Sierra Club, the Boy Scouts, pro-choice and pro-life groups, and the like); when judges are or should be disqualified to sit in particular matters; the design of an advising, monitoring, and disciplining system with respect to appropriate and inappropriate judicial conduct; and how judges decide cases. These issues should be of interest to soon-to-be lawyers, especially those who might like to be judges some day.
Papers (20­25 pages) on issues covered in the seminar will be required. There will be an additional one credit for papers that satisfy the Written Work Requirement and for other papers of similar length and content. Paper topics will be chosen and approved during the fall semester for presentation in the Spring semester.
We shall meet six or seven times in the fall to cover the substantive portion of the seminar and approximately seven times in the spring (depending on enrollment) for student presentation of their papers.
No one will be admitted to the seminar who does not attend the first session.

Labor Law

W,Th,F 9:00-10:00 Block B
Professor David Westfall
3 classroom credits 40900-11 Fall
2, 3 or 4 optional clinical credits Fall

This course is a critical examination of the legal framework governing relationships among unions, employers, and employees. The major focus will be on the private sector under the National Labor Relations Act, Taft-Hartley Act, Railway Labor Act, and related statutes.
Principal topics will be:

1. Protection of the rights of employees to join unions and to engage in concerted activities or to refrain from doing so;


2. Acquisition and loss by unions of bargaining representative status;


3. Conduct and consequences of collective bargaining;


4. Strikes, lockouts, and other economic pressures by unions, employers, and employees;


5. Administration and enforcement of collective bargaining agreements;


6. Federal preemption of state authority; and


7. Application of the antitrust laws.

early

Law and Business Problems: Seminar

TBA
Professors Detlev F. Vagts and Guhan Subramanian
2 classroom credits 96100-11 Fall/Spring

This seminar is intended to be the "capstone" of the joint J.D./M.B.A. program, giving those students an opportunity to explore in some depth situations that present both legal and business complications. Each time the seminar is offered a different theme is chosen. In previous years the focus has been on the implications for law of the efficient market hypothesis, on problems of business facing economic adversity, on selected aspects of transnational business, and on the legal and commercial aspects of trading transactions on the Internet, including international issues. Students play a role in helping design individual class sessions. Multilithed materials will be used. Several sessions will be conducted by alumni of the program.
While the seminar is primarily for students in the joint degree program, the instructor may admit students from the Business School who have already obtained a law degree, law students who have an M.B.A., and undergraduate business majors.

Law and Development

T 4:45-6:45 Block L
Professor David W. Kennedy
2 classroom credits 41160-11 Fall

This course will deal with past and present debates over the role of the legal order in economic development. After preliminary discussions of economists' theories of growth and legal theorists' views of law in society, we will focus on such issues as Third World nationalist regimes' attempts at regulation and planning, the role of the international trade regime, and the legal structures put in place during current transitions to a market economy through privatization.

Law and Development in Action: The Korean Example: Seminar

Th 5:00-7:00 Block K
Visiting Professor Chang Hee Lee
2 classroom credits 96160-31 Spring

Korea has shown a remarkable transformation during the past fifty years from a poverty-stricken post-colonial economy and an authoritarian society to an advanced and democratic nation. This seminar reviews the evolution of Korean law in the context of modernization and globalization, focusing on the formation of legal institutions in the process of democratization, economic growth and globalization. The seminar will begin with the contemporary history of Korean law, culminating in the formation of democratic constitution and rule of law, and proceed to the constitutional and political issues, focusing on the turbulent and still controversial role and power of the judiciary including the Constitutional Court vis-à-vis the President and the legislature. Against this background, the subsequent discussion will narrow down to the functions of the judiciary and the legal profession, focusing more on the overall nature of the civil law aspect of the Korean legal system than the specific technical details of the legal procedure. The final parts of the seminar will discuss reform of Korean substantive laws in the process of globalization and the economic restructuring following the Asian financial crisis. All readings will be in English and there are no prerequisites.

Law and Economics: Seminar

Section A

T 4:45-6:45 Block I
Professors Louis Kaplow and Steven M. Shavell
2 classroom credits 96200-11 Fall

Section B

T 4:45-6:45 Block L
Professor Louis Kaplow
2 classroom credits 96200-31 Spring

This seminar will provide students with an opportunity to discuss ongoing research in economic analysis of law. At most of the meetings invited speakers--many from the Law School--will present works in progress. Outside speakers have included Cass Sunstein, Robert Ellickson, and Richard Posner.
Students are required to submit, before sessions, brief written comments on the papers to be presented. Enrollment in either or both terms is permitted.

Law and Finance

M,W 4:45-6:45 Block L
Professor Lucian A. Bebchuk
3 classroom credits 41220-11 Fall

This course will consider a wide range of issues in law and finance and corporate governance. The issues to be considered include takeovers, the allocation of power between managers and shareholders, corporate freezeouts, sales of control block, state competition in corporate law, corporate ownership structures, shareholder activism, insider trading and executive compensation. Readings will be mainly from law review articles. Some sessions will feature speakers from both inside and outside academia who will present their work. Many of the readings will use economic reasoning, and familiarity with (or at least tolerance for) such reasoning will be helpful. The aim will be to give students a good sense of the issues that have been discussed in the literature and the ways in which corporate law arrangements can be analyzed and criticized. There will be no examination. Instead, students will be asked to submit, before sessions, a brief memo on the assigned readings; grades will be based on these memos (primarily) and on class discussion.

Law and Literature: Seminar

Th 5:00-7:00 Block K
Professor Alan A. Stone
2 classroom credits 96410-31 Spring

This seminar deals with texts that have played a role in the Law and Literature dialogue.
Students should anticipate some changes in the readings which, have included short novels (Kafka, The Trial; Melville, Billy Budd; Coetzee, Disgrace, etc.), short stories (by Chekhov, Tolstoy, etc.), plays (The Merchant of Venice and Hamlet by Shakespeare), one long, dense and difficult novel (vol. 1 only of The Man Without Qualities by Robert Musil), and commentary on Law and Literature (Posner, etc.).
Students must read the short story Billy Budd by Herman Melville and submit a brief review before the first class. Requirements include regular class attendance and active participation in discussion. Students must write four short papers to be shared with other members of the seminar.
Enrollment is limited to fifteen.

Law and Literature: Spiritual Hygiene for Lawyers: Seminar

W 4:45-6:45 Block J
Professor Richard D. Parker
2 classroom credits 96400-31 Spring

In 1967, Dean Griswold wrote: '[I]t is important that we make changes which will give greater recognition to the role of the spirit in the training of our law students.' Otherwise, he predicted, 'we may fail in our task without ever knowing why.' Over a quarter-century later we have plenty of 'ethics' courses but still next to nothing dealing with the spiritual crisis of professional life. The seminar will approach the problem indirectly by considering fictional depictions, in the modernist tradition, of such a crisis. Reading will include short stories and short novels by such writers as Dostoyevsky, Tolstoy, Melville, Conrad, Woolf, Cather, and Camus. One long novel, The Red and the Black by Stendahl, must be read before the first meeting. One purpose of the seminar is to explore competing readings of literary texts, but the broader purpose is to consider and compare different treatments of a roughly similar spiritual theme.
Requirements include regular attendance and active participation in discussion. Each student must write two short papers to be shared with other members of the seminar.
Enrollment is limited to 15 students.

Law and Mind

Th,F 10:30-12:00 Block D
Professor Bruce L. Hay
3 classroom credits 41340-31 Spring

This course examines some of the intersections between the law and human mental processes such as language, perception, cognition, decision making, and memory. The course is interdisciplinary; the assigned readings will draw on research in psychology and the humanities as well as on legal materials. The topics we will investigate include problems of eyewitness testimony and memory; judgment under uncertainty; collective decision making; conformity, obedience, and altruism; attribution of responsibility; and prejudice. Some central themes will be (1) how research on the mind can help us understand or resolve problems of law and policy, and (2) the legal’s system’s ambivalent reception of such research. The course will not cover issues concerning mental health, which are generally treated in law & psychiatry course offerings. Please note: for pedagogical reasons, laptop computers are not permitted in the class.

Law and Psychology-The Emotions: Seminar

T 4:45-6:45 Block I
Mr. David Cope
2 classroom credits 96440-31 Spring

Love, jealousy, guilt, anger, fear, greed, compassion, hope, and joy play important roles in the lives of lawyers and those with whom they interact. The most effective lawyers are not just good thinkers, they are also empathic students of human emotions. This seminar will offer students a chance to explore what is missing from the traditional law school rational actor model of human nature through discussion of readings primarily from psychology (but with contributions from economics, biology, philosophy, and literature) about the nature and operation of the emotions, the use of emotion in persuasion and negotiation, emotions and the good life, and the role of emotions in moral and legal decision making. Students will be asked to write short papers (1-2 pages) on each week's readings and to do a brief in-class presentation. There will be no required final examination or term paper.

Law and Public Policy Advanced Research Seminar

T 4:45-6:45 Block I
Professors Philip Heymann and Christopher Stone (John F. Kennedy School of Government)
3 classroom credits 95540-11 Fall/Spring
(1 credit Fall + 2 credits Spring)

This seminar focuses on the blending of skills and styles taught at Harvard Law School and the Kennedy School of Government in addressing major policy issues.
Students will be encouraged to solve problems by simultaneously applying legal, managerial, empirical, economic, and political analysis. Discussions in the fall will use policy cases to illustrate the process of combining techniques which are then to be applied by students in their own papers. Students will present their work during the spring semester. The seminar will meet every other week in the fall and every week in the spring. Note: This seminar is required for students earning a joint degree from Harvard Law School and the Kennedy School of Government. In addition to joint degree students, students pursuing concurrent law and policy degrees, may be admitted with the permission of the instructors.

Law and Religion in India: Seminar

T 4:45-6:45 Block I
Professor John H. Mansfield
2 classroom credits 96500-11 Fall

This seminar is concerned with law in India and especially with the relation between law and religion. Writings of both a legal and non-legal nature will be considered. Among the topics that will receive attention are: the classical Hindu law and its relation to the caste system; British efforts to understand and administer the Hindu law; the interaction of Western legal ideas and indigenous Indian ideas and institutions; characteristics of the modern Indian legal system; and selected topics arising under the Indian Constitution. General questions about Indian society and the place of religion in it necessarily will be raised.

Law and War in the Twentieth Century

Th,F 11:00-12:00 Block D
Visiting Professor Mary L. Dudziak
2 classroom credits 41520-31 Spring

This course will examine the impact of war and national security on American law during the 20th Century. Global developments, including both war and the anticipation of war, shaped American law through the century, affecting not only traditional war-related topics like the scope of the war power, but also seemingly "domestic" subjects like civil rights and federalism. Law was a tool used to safeguard national security not only through legal efforts to control "subversives" at home, but also in American diplomacy, as the U.S. Constitution was used in Cold War-era propaganda efforts. This course will look broadly at the relationship between law and war in 20th century American history, from the constitutional questions raised by war-related territorial expansion after the Spanish-American War, to the contemporary "war on terror." Readings will include cases, primary sources and articles, and may include Michael Sherry, In the Shadow of War: The United States Since the 1930s (1995); Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000); and Louis Fisher, Presidential War Power (1995). Classes will include lecture and discussion. There will be a final examination.

Law and the Business of Sports

T 3:00-6:00 Block G/L
Visiting Professor Roger I. Abrams
3 classroom credits 41440-31 Spring

This course explores the legal, economic, and social aspects of national and international, professional and amateur sports. The course will focus on judicial, administrative, legislative and private decision making that has created a cohesive body of principles for the resolution of disputes involving athletes, clubs, leagues, unions, and fans. The materials address issues of antitrust, labor, tort, criminal, contract, agency and constitutional law. We will pay particular attention to the operation of the sports enterprise, the governance of sports, player reservation systems and player contracts, collective bargaining and salary arbitration, franchise free agency, violence in sports, performance-enhancing drugs, NCAA rules and regulations, gender and handicapped discrimination, and the role of sports agents. Students will draft a research paper on a topic approved by the instructor. Class participation will be considered in determining the final grade.

Law and the Political Process

M,T,W,Th,F 2:00-5:00
Professor Lani Guinier
3 classroom credits 41350-21 Winter
2 optional clinical credits Spring

This course will consider the way law informs and regulates representation and participation in the political process. We will examine constitutional constraints on legislative apportionment, districting and on access to the ballot. We will explore the relationship between democratic principles and the electoral participation of racial, language, and political minorities. We will study in depth the Voting Rights Act of 1965, as amended, to understand how the law both shapes and has been shaped by social science research, political theory, historical forces, and practical considerations. We shall also briefly take up issues of alternative election systems and the role of women in politics. Constitutional Law is strongly recommended but is not a prerequisite for this course. There will be a take-home examination. Up to five students will be allowed to write papers in lieu of the exam. In addition to the exam, class participation will count in grading. Class formats will include lecture, Socratic dialogue, small-group participation, guest speakers, and student facilitation. There is an optional clinical component to this course. See Clinical Workshops: Hale and Dorr Legal Services Center for descriptions.
Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Enrollment is limited to 65 students.

Law of Democracy (The)

M,T 3:00-4:30 Block G
Visiting Professor Richard H. Pildes
3 classroom credits 41480-31 Spring

There is no better time to study the law of democracy. Just as it begins to develop as an independent discipline within the academy, the new census and recent Supreme Court decisions will generate countless legal problems for academics, courts, policymakers, and practicing lawyers to solve.
In addition to exploring the theoretical and historical underpinnings of the law of democracy, this course will provide a solid introduction to election law for anyone who plans to pursue a career litigating or making policy in this important area. It will examine the principles guiding our choice of democratic institutions as well as the practical implications of those choices.
The course will cover a wide range of topics relating to representation, participation, and democratic structures, including: the right to vote, campaign finance, reapportionment and redistricting, the protection of minority concerns within majoritarian bodies, partisan and racial gerrymandering, the unique role of political parties within the United States, and alternative democratic structures. Although this course, like many others, is at least in part a course in applied constitutional theory, a Constitutional Law course is not a prerequisite for taking this course.

Law, Economics, and Organizations Research: Seminar

M 12:30-2:00 Block E
Professors Lucian A. Bebchuk, Louis Kaplow, and Oliver Hart (Economics Department)
2 classroom credits 96250-11 Fall/Spring

This (brown-bag) seminar will involve the presentation by speakers of papers in the fields of law and economics and law and finance. The two-credit seminar will meet for one and a half hours for two-thirds of the weeks in each of the two terms. A student who has a conflict in one of the terms may, take the seminar for only one term, for one credit (one credit fall term = Course #96250-12 or one credit spring term = Course #96250-31).
The seminar is given jointly with the Economics Department and should be taken only by students with substantial prior exposure to Economic Analysis.
Students may satisfy the course requirement either by submitting, before sessions, short written comments on the paper to be presented or by writing a short seminar paper on any approved topic in law and economics.
Oliver Hart is Andrew Fuerer Professor of Economics.

Law, Psychology, and Morality: An Exploration Through Film: Seminar

T 4:45-6:45; T 6:45-8:45 Block I/M
Professor Alan A. Stone
2 classroom credits 97930-31 Spring

This seminar will deal with subjects at the intersection of law, psychology, and morality using film as "text." Subjects include: responsibility and community, love and redemption, reconstructing the claims of family, gender and sexual identity, narratives of justice and injustice, the lawyer's identity, patriarchy and misogyny, and race and the subculture of poverty.
Films shown in the past years include (director and title): Gorris, Antonia's Line; Mikhalkov, Burnt by the Sun; Fassbinder, The Marriage of Maria Braun; Coppola, Apocalypse Now; Resnais, Hiroshima Mon Amour; Verhoeven, The Nasty Girl; Tarantino, Pulp Fiction; Hrebejk, Divided We Fall; van Diem, Character; Vidor, The Crowd; Visconti, Rocco and His Brothers; Zhang, The Story of Qui Ju; Zwick, Glory; Leigh, Secrets and Lies; Fellini, 8 1/2; Allen, Crimes and Misdemeanors; Lee, Do the Right Thing; Frears, My Beautiful Laundrette, and Sautet, Un Coeur en Hiver.
Students must view John Sayles's film Lone Star and submit a brief review before the first class.
Requirements include regular class attendance and active participation in discussion.
Students must write five short papers to be shared with other members of the seminar.
Enrollment is limited to 22 students.

Law/Film

Professor Bruce Hay

Law/Film (Monday section)
3 classroom credits 41470-31 Spring
M 1:30-4:30

Law/Film (Thursday section)
3 classroom credits 41470-32 Spring
Th 4:00-7:00

The premise of this course is that the study of film raises central questions about interpretation and other problems of interest to the law. The course involves weekly film screenings and readings in cinema studies and other disciplines. Credit is based on class participation and paper assignments.

Laws, Markets, and Religions: Reading Group

M 4:45-6:45 Block H
Professor Robert C. Clark
1 classroom credit 41460-31 Spring

This reading group will explore articles and books that help to illuminate the characteristic attributes and the relative advantages and disadvantages of four major systems of social control: legal systems, markets, social groups, and the world religions. The readings may also provide comparative insight into the scope and the historical development of these differing systems. Readings will be chosen from a broad array of social-science disciplines, including sociology, psychology, evolutionary theory, and behavioral law and economics.

Laws of War and Terrorism in the 21st Century Colloquium: Seminar

W 4:45-6:45 Block J
Professor Jack Landman Goldsmith III and Assistant Professor Ryan Goodman
2 classroom credits 96430-11 Fall/Spring

This seminar will explore--primarily from the perspective of law, but also from the perspective of other disciplines such as history, philosophy, and political science--when, whether, and how the laws of war should regulate conflicts between states and terrorist organizations. A different speaker will present at each seminar. The speakers will include a cross-section of leading scholars (from various disciplines), commentators, and practitioners. Each speaker will assign readings for her session (which may be drawn from the work of the speaker or other writers). Each session will consist of a brief introduction by the speaker, followed by questions posed to the speaker by Professors Goldsmith and Goodman. For the rest of the two hours, discussion will be open to the floor with ample opportunity for students to pose questions to the speaker.
This two-semester seminar will meet 12-14 times for two hours each session. Students wishing to participate in this colloquium must enroll for both semesters, and must receive the permission of the instructors after submitting a statement of interest.

Lawyering for the President: Reading Group

T 3:00-5:00 Block G/L
Professors Jack Landman Goldsmith III and David Barron
1 classroom credit 41490-11 Fall

This course, drawing on the practice experience of the instructors and literature in the area, will examine the ethics, strategy, and policy issues confronting lawyers advising the president. Particular attention will be given to some contemporary issues related to war, but the course will also examine broader theoretical debates and some well-known historical precedents.

Leadership in the Public Sector

M,T 1:15-2:45 Block E
Professor Philip B. Heymann
3 classroom credits 41790-11 Fall

Attempting to combine knowledge about personal, organizational, and political relationships through integrating concepts such as "organizational strategy," the course will develop a descriptive and normative picture of the job and responsibility of an elected or an appointed government official. The examples will emphasize lawyers in governmental or political roles. The methodology relies extensively on case studies of people and events, such as: David Kessler addressing smoking at the Food and Drug Administration; Barry McCaffrey as drug czar; Jim Woolsey dealing with spying by Aldrich Ames at the CIA; Governor Hunt and Senator Helms designing political campaigns; or Bill Bratton trying to makeover the N.Y.P.D.
The object of the course is to increase the sophistication of students about the operations and interaction of government and politics.

Legal History: American Legal Education: Seminar

M 4:45-6:45 Block H
Visiting Professor Daniel R. Coquillette
2 classroom credits 96770-31 Spring

This seminar is designed for students who are genuinely interested in what has happened to them at law school and who would like to examine carefully the nature of their legal education. It is also a practical introduction to the many different careers available in legal education. We will commence with the English and Continental origins of legal scholarship and teaching, examine the development of formal legal education in America from the founding of the Litchfield and Harvard Law Schools to the rise of Legal Realism, and conclude with the pressing controversies facing America's law schools today. Among the topics covered will be the relationship between formal legal education and the practicing bar, the changing composition of the faculty and the student body, the early pedagogical controversies, the different methods and ends of modern legal instruction, and the role played by law schools in fundamental disputes about jurisprudence, political ideology, economics, and social reform. A research paper will be required rather than a final examination.
Enrollment is limited to fifteen.
Multilithed materials.

Legal History: Historical Perspectives on the Role of the African American Lawyer: Seminar

W 4:45-6:45 Block J
Assistant Professor Kenneth Mack
2 classroom credits 94230-11 Fall

This seminar will examine historical sources that illuminate the changing roles of African American lawyers in the nineteenth and twentieth centuries. Little is known about black lawyers of any era preceding the 1970s, save for generally laudatory biographies of mid-to-late twentieth century civil rights figures. The course will cast a critical eye on the professional and social roles played by the men and women who comprised the black bar before the 1970s, at every turn relating those roles to the structure of the legal profession, the social structure of African American communities, and the social organization of American life.

Legal History: Law, Society, and American Constitutionalism, 1865 to Present

Th,F 10:30-12:00 Block D
Assistant Professor Kenneth Mack
3 classroom credits 41920-11 Fall

Between the onset of Reconstruction and the close of the twentieth century, Americans transformed the legal contours of public life, creating both national citizenship and a centralized federal state. This course will consider how and why this happened, taking in changes in labor law, immigration law, race relations, family law and women's rights, the legal profession, as well as the rise of corporate capitalism and the administrative state. Substantial time will be devoted to discussing alternative historical methodologies and competing interpretations of the social and legal history of the period. Class format consists of both discussion, where student participation will be important, and lecture components. The readings will be taken from multilithed materials consisting of both primary and secondary historical sources.

Legal History: The Political Economy of Modern Capitalism: Seminar

T 4:00-6:00
Professor Christine A. Desan and Professor Sven Beckert (Harvard College)
2 classroom credits 98060-11 Fall/Spring

As modern capitalism becomes dominant across the globe, the need to understand it increases. Is it a form of market organization, a material or social phenomenon, an epistemological development, a set of legal categories, or a mode of governance? This seminar explores modern capitalism as an historical form of political economy, developed over the last three centuries, that may partake of all these dimensions. The seminar is designed to include both students who are interested in the in-depth study of capitalism as a political economic form, and faculty/scholars already engaged on that research who seek a forum for presenting works-in-progress. The seminar will include sessions for student participants focused on influential works that have contributed a working vocabulary to current debates over capitalism. In alternating sessions, we will discuss new research by faculty and student participants, associated scholars, and guests. The seminar will run biweekly during the Fall, 2005, and Spring, 2006 semesters. Student participants will be required to attend and participate regularly, to lead the commentary on at least one work discussed in the seminar, and to submit a final paper or twenty-five to thirty pages. Law students may write their third year papers in conjunction with the seminar.
The instructors of the course reserve the right to screen student enrollment in order to balance participation from the various schools.

Legal History: Topics in Ancient Law

M,T 1:15-2:45 Block E
Assistant Professor Adriaan Lanni
3 classroom credits 42240-11 Fall

This course examines topics in ancient law of interest to modern lawyers, including ancient approaches to freedom of speech, crime and punishment, the regulation of sexuality (rape, adultery, prostitution, homosexuality), the trial jury, court procedure, legal experts, deliberative democracy, citizenship, and commercial law. The main focus will be on the legal system of classical Athens, the world’s first well-documented democracy. We will also look to Rome and other ancient legal systems where relevant to a particular topic. The broader goal will be to explore the role of law in a democratic society.
Texts include sources for the trial of Socrates, trial speeches from Athens and Rome, and readings from Homer, Athenian tragedy and comedy, and Roman law materials. No prior knowledge of ancient history is required.
Grades will be based on three short reading responses and a final exam. A paper option is available in lieu of the exam.

Legal History: The Warren Court, 1953-1969: Seminar

M 4:45-6:45 Block H
Professor Morton J. Horwitz
2 classroom credits 98920-31 Spring

This seminar offers the opportunity to write a supervised research paper on some aspect of Warren Court jurisprudence. One can write a paper on a topic as broad as the social, economic, and political origins of the Warren Court; as specific as a biography of one of the judges; or on changes in constitutional doctrine involving race, the first amendment, equal protection, criminal procedure, reapportionment, pornography, or the right to privacy.
Reading will consist of cases, books, and articles.

Legal Issues in Dealing with Terrorism: Seminar

M 4:45-6:45 Block H
Professors Philip B. Heymann and David Rosenberg
2 classroom credits 96780-31 Spring

This seminar, available to all interested students, is designed to provide students with the opportunity to learn to combine academic research on terrorism and national security with understandings derived from the experience of policy and operational experts responsible for dealing with these matters in actual practice. There will be several research groups, each developing, with the aid of experts, proposals for a specific issue and providing the test of sharp criticism on another group's proposals and experts.
All the student groups and the faculty sponsors, Professors Philip Heymann and David Rosenberg, will meet once every week for two hours. Subject matter experts will be invited to attend a number of these meetings. As the research progresses, each group will give an hour-long presentation on its issue, followed by an hour of feedback from the other groups (particularly, from one group specifically charged with that responsibility.) The goal is to have high-quality policy papers that will be submitted to the relevant government agencies at the end of the term.
This year the course will focus on topics relating to secrecy and types of information, the public dissemination of which might detrimentally affect national security and defense ("NSD information"). All of these topics will pose one or another facet of the basic tension between the interests of national security and defense (in wartime and generally) and the importance of public access to politically relevant information. All will call for critical evaluation of current (as well as past) policy and practice in light of changing needs and technologies affecting both the control and dissemination of NSD information.
Major topics for research and analysis will include:

• What types and sources of information does and should the government designate, control and keep as "secret" and inaccessible to all but expressly authorized users? What information now classified should be shared with the public or is classified for inappropriate reasons?


• How do the rules in this area inhibit needed sharing of NSD information between federal agencies; federal and state or local agencies; and cooperating nations? What can be done to increase secure sharing of NSD information?


• Who are and should be cleared by the government for access to "secret" information; what processes have been and should be used to confer or revoke clearance and access to NSD information?


• What poses the greatest threat of harmful revelations of NSD? What countermeasures can and should the government take in the form of: counterintelligence; law enforcement; regulatory and disciplinary control of "leaks"?


• What legal sanctions, incentives, and security controls does and should the government use to preempt or punish unauthorized access, possession, release, or dissemination of secret information?
  - Should these rules apply equally to the press?
  - Should additional limitations be made a condition of being allowed special press access (e.g. in combat situations)?
  - How does the private sector define what is secret? how does the private sector (including financial institutions, new technology companies, etc.) prevent stealing of secrets?


• Should the press have any reporting policies and protocols to keep its reporters from being exploited for political purposes by enemies (e.g. hostage takers)? Does the likelihood, in a particular case, of public perceptions being distorted by psychological biases and other constraints on rational choice (e.g. cognitive or educational constraints) recommend press adjustments of what, when, how, and to whom it publishes NSD information that will shape public attitudes?


• Under what, if any, conditions may the government use disinformation (giving out inaccurate or partial information) in order to keep adversaries off balance or put them off the track?

Legal Policies, Economic Policies and the Middle Class: Seminar

M 4:45-6:45 Block H
Professor Elizabeth Warren
1 classroom credit 90320-31 Spring

The middle class is the backbone of America. Its members make the purchasers who drive our economy. They build our bridges and highways, fight our wars, and raise the children who will be our future. Today's working families are getting squeezed at every turn. Wages are stagnant, and families are struggling to pay for the basics--homes, insurance, transportation, child care, and taxes. Debt has surged to an all-time high of 113% of total annual income. Every 15 seconds, a solidly middle-class family collapses into bankruptcy. This seminar will examine the state of the middle class and explore how various government policies have supported or undermined its strength. We will discuss credit, housing, education, health care finance, race, unionization and one- and two-earner families. There are no prerequisites for the seminar, but we will deal extensively with government data from census reports, the FDIC, the Federal Reserve, the Department of Labor, the Department of Agriculture and so on, along with big research databases, so the number-phobic may find themselves at a disadvantage. For some students, this seminar may be the springboard for larger writing projects.

Legal Profession A1

W,Th 1:45-2:45 Block F
Professor David R. Herwitz
2 classroom credits 42300-11 Fall

This course will focus on the professional responsibility of lawyers in our justice system, particularly when acting as counselors. Emphasis will be given to issues of confidentiality and conflict of interest, especially for corporate lawyers, plus the tension between the duty of zealous representation and responsibility to society as a whole. Attention will also be directed to broader issues such as the availability of legal services, including consideration of a requirement that lawyers provide pro bono services for those unable to pay.
The casebook will be Kaufman and Wilkins, Problems in Professional Responsibility (4th ed. 2002). Students should also have one of the Professional Responsibility standards handbooks, such as the current abridged Dzienkowski edition, containing the most recent version of the Model Rules of Professional Conduct. There will be a regular, in-class final examination.
Enrollment is limited to fifty students.
The classroom components of certain clinical courses satisfy the Law School’s professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar’s Office if questions arise.

Legal Profession A2

M,T 8:30-10:00 Block A
Professor Andrew L. Kaufman
3 classroom credits 42300-12 Fall

This course considers three categories of materials. First, we will study the nature of professionalism in American society with readings and problems dealing with practical issues of professional responsibility faced by lawyers in the daily routine of private practice. Second, we will deal with issues faced by the profession as a whole, including the ways of providing effective legal services to all members of the community, regulation of competition, and the imposition of professional discipline. Third, we will also look at the organization and demographics of the profession and its units of practice. The course also invites students to address the questions: What kind of lawyer do I want to be, and to what kind of profession do I wish to belong?
Students are expected to attend classes and to participate in class discussions. Students who are absent frequently without the consent of the instructor will be dropped from the class. No one will be admitted to the class from the waiting list who does not attend the first week’s sessions and sign the seating chart.
Enrollment is limited to sixty students.
The materials will be Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (4th ed. 2002) and Professional Responsibility Standards, Rules & Statutes (Dzienkowski, latest abridged edition).
Enrollment is limited to sixty students.
The classroom components of certain clinical courses satisfy the Law School’s professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar’s Office if questions arise.

Legal Profession A3

M,T,W 3:00-4:20 Block G
Professor David B. Wilkins
4 classroom credits 42300-13 Fall

This course takes a comprehensive look at the organization, operation, and ideology of the legal profession. The course has three major objectives. First, through materials and simulations, the course seeks to convince students that in the practice of law they will often be asked to make difficult ethical decisions. Particular attention will be focused on the ethical problems encountered in civil litigation and the manner in which recent developments in the law regarding class actions, fee shifting, prepaid legal services, and multi-city law firms impact on these problems.
Students will be encouraged to identify and critically examine the theoretical justification for various alternative responses to these problems, as well as to understand the practical ramifications of particular actions. Emphasis will be placed on the special problems and opportunities of young lawyers, women, and minorities.
Second, the course will examine the larger questions of professional structure and ideology. Here, we will discuss the theoretical and functional implications of the changing way in which legal services are delivered. Recent trends in the organization and operation of large corporate law firms, legal services offices, public interest practice, corporate legal departments, and legal clinics will be analyzed in terms of their effect on services delivered and the working lives of lawyers. We will also examine the character, organization, and ideology of the profession itself. Issues relating to deprofessionalization, professional autonomy, commercialism, alternative mechanisms of regulations and control (state, market, common law, and court-imposed), and the increasing numbers of women and minorities will be examined in terms of their potential impact on the profession and their relationship to larger themes such as civic republicanism, feminism, and law and economics. These broader themes in turn will be related to trends in other professions and other legal systems. Finally, the course will encourage students to look seriously at the image of lawyers both inside and outside the profession. How does the image portrayed in the media differ from the way lawyers perceive themselves? What do these differences teach us about competing conceptions of the professional role? Through these and other similar questions, the course will challenge students to reflect critically on the profession they are about to enter and the role they wish to play in it.
Enrollment is limited to sixty students.
Text: Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (4th ed.), and current edition of Rules of Professional Responsibility.
Students are expected to attend classes and to participate in class discussions.
Students who are absent frequently without the consent of the instructor will be dropped from the class.
The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar's Office if questions arise.

Legal Profession B1

M,T 1:15-2:45 Block E
Visiting Professor Susan Carle
3 classroom credits 42300-31 Spring

This course examines basic issues in the ethics and regulation of the legal profession, and supplements this coverage with a particular emphasis on the history and sociology of the legal profession and critical approaches to legal ethics inquiry. Assigned readings will be from Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession 4th ed. (Carolina Academic Press 2004), and Carle, Lawyers' Ethics and the Pursuit of Social Justice: A Critical Reader (NYU Press 2005).
The classroom components of certain clinical courses satisfy the Law School’s professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar’s Office if questions arise.

Legal Profession B2

M,T 3:00-4:30 Block G
Visiting Professor Susan Carle
3 classroom credits 42300-32 Spring

This course examines basic issues in the ethics and regulation of the legal profession, and supplements this coverage with a particular emphasis on the history and sociology of the legal profession and critical approaches to legal ethics inquiry. Assigned readings will be from Kaufman & Wilkins, Problems in Professional Responsibility for a Changing Profession (4th ed.) (Carolina Academic Press 2004), and Carle, Lawyers' Ethics and the Pursuit of Social Justice: A Critical Reader (NYU Press 2005).
The classroom components of certain clinical courses satisfy the Law School’s professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar’s Office if questions arise.

Legal Profession B3

M,T 1:15-2:45 Block E
Visiting Professor Daniel R. Coquillette
3 classroom credits 42300-33 Spring

This course is in two parts. The first part focuses on central issues of professional responsibility faced by most lawyers in the daily routine of practice—whether in a large firm, a small firm, or a legal services program. Included will be problems of client confidences, conflict of interest, behavior in court, obligations to represent unpopular clients, and other restrictions on a lawyer’s own speech and actions. The second part focuses on the fundamental moral responsibility of lawyers, analyzed both in terms of the rules governing attorney conduct and principles of ethical philosophy. There also will be a discussion of the professional organizations of the bar in an historical context and their future challenges.
There will be a final examination. It will be possible to substitute a paper by special arrangement with the instructor.
This course is a basic course designed to meet the professional responsibility requirement and is not open to students who have already taken such a course.
The books used in this course will be Coquillette, Real Ethics for Real Lawyers (2005) and Lawyers and Fundamental Moral Responsibility (1995).
Enrollment is limited to 65 students.
The classroom components of certain clinical courses satisfy the Law School’s professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar’s Office if questions arise.

Legal Profession B4

M,T,W 3:00-4:20 Block G
Professor David B. Wilkins
4 classroom credits 42300-34 Spring

This course takes a comprehensive look at the organization, operation, and ideology of the legal profession. The course has three major objectives. First, through materials and simulations, the course seeks to convince students that in the practice of law they will often be asked to make difficult ethical decisions. Particular attention will be focused on the ethical problems encountered in civil litigation and the manner in which recent developments in the law regarding class actions, fee shifting, prepaid legal services, and multi-city law firms impact on these problems.
Students will be encouraged to identify and critically examine the theoretical justification for various alternative responses to these problems, as well as to understand the practical ramifications of particular actions. Emphasis will be placed on the special problems and opportunities of young lawyers, women, and minorities.
Second, the course will examine the larger questions of professional structure and ideology. Here, we will discuss the theoretical and functional implications of the changing way in which legal services are delivered. Recent trends in the organization and operation of large corporate law firms, legal services offices, public interest practice, corporate legal departments, and legal clinics will be analyzed in terms of their effect on services delivered and the working lives of lawyers. We will also examine the character, organization, and ideology of the profession itself. Issues relating to deprofessionalization, professional autonomy, commercialism, alternative mechanisms of regulations and control (state, market, common law, and court-imposed), and the increasing numbers of women and minorities will be examined in terms of their potential impact on the profession and their relationship to larger themes such as civic republicanism, feminism, and law and economics. These broader themes in turn will be related to trends in other professions and other legal systems. Finally, the course will encourage students to look seriously at the image of lawyers both inside and outside the profession. How does the image portrayed in the media differ from the way lawyers perceive themselves? What do these differences teach us about competing conceptions of the professional role? Through these and other similar questions, the course will challenge students to reflect critically on the profession they are about to enter and the role they wish to play in it.
Enrollment is limited to sixty students.
Text: Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (4th ed.), and current edition of Rules of Professional Responsibility.
Students are expected to attend classes and to participate in class discussions.
Students who are absent frequently without the consent of the instructor will be dropped from the class.
The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar's Office if questions arise.

Legal Profession: Delivery of Legal Services

T 4:45-6:45 Block L
Ms. Jeanne Charn
2 classroom credits 43300-11 Fall
2, 3, or 4 optional clinical credits Fall or Spring

High quality legal service in civil matters is beyond the financial reach of most ordinary people. This course addresses the policy, practical, and professional responsibility implications of expanding access to the civil justice system in the US. We will compare the US system to the much larger programs in other wealthy countries. Attention is paid to the professional and institutional problems of allocating scarce resources among many needy claimants and the difficulty in assuring quality and a strong consumer orientation in a no-fee delivery system such as the present U.S. program. A substantial portion of the course explores the possible contours of a more comprehensive delivery system, which might include on-line legal advice and other technological innovations; simplification of rules and procedures; expanded roles for paralegals; expanded roles for the private bar (judicare, mandatory pro bono); vouchers, reduced fee for service or "low-bono"; and pre-paid or legal insurance systems. This course meets the professional responsibility requirement for the J.D. degree.
There is no exam. Instead, students will undertake a project or paper relating to making legal services available. Many examples of student course projects are included in the course readings. Students may satisfy the writing requirement in connection with the course for one additional credit.
Students may add a clinical component at the Hale and Dorr Legal Services Center in either the fall or spring semester. Students may also allocate clinical credits between the fall and spring semesters. Students choose their substantive area of practice by enrolling in one of the following 1 credit Hale and Dorr Legal Services Center Clinical Workshops (see Clinical Workshops: Hale and Dorr Legal Services Center for descriptions).
Students who wish to add a clinical component at the Harvard Legal Aid Bureau or at an externship placement may do so with permission of the course Instructor.
Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
The classroom components of certain clinical courses satisfy the Law School’s professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar’s Office if questions arise.

Legal Profession: The Responsibilities of Public Lawyers

W,Th,F 1:15-2:45 Block F
Professor Lani Guinier
4 classroom credits 42300-35 Spring
[1L students can enroll for 3 classroom credits];
2, 3, or 4 optional clinical credits Spring

Using case studies on lobbying, public conflict resolution, class-action litigation, community-based advocacy, and lawyering for the government, this course will explore the many tensions for public lawyers who advocate on behalf of individual clients, who seek to represent causes or the "public’s" interests or who engage in legislative advocacy, community organizing, or alternative forms of problem-solving and deliberation. In particular, we will focus on the philosophical, ethical, strategic, and identity or role conflicts that confront lawyers as professionals and adversaries but also “public citizens.” We shall explore the distinctive challenges facing impact litigators, prosecutors, government agency lawyers, Legal Service lawyers, lawyers doing pro bono cases and/or community organizers. The entire class will meet weekly to discuss background readings and to engage in simulations, role-playing exercises, and small group brainstorming sessions. In addition, the class will be divided into smaller sections that will each meet separately with the professor at scheduled intervals to pursue a topic in greater depth. In lieu of an examination, students will have the option of either writing a final paper or submitting two shorter papers during the term. Those who choose to write a final paper must either do a clinical project or volunteer weekly at a public policy or public interest organization. The final paper should be an empirical-based study of an ongoing public lawyering project in which the student is a participant-observer. The paper will give students an opportunity to assess critically the public lawyering/public policy approach they observed in light of the background reading and class discussions of the philosophical, ethical, and strategic conflicts or issues at stake. Those who choose instead to write two shorter papers during the term must join one of the small facilitation groups, which will meet with the professor to discuss the assigned readings, as well as additional background material. Students enrolled in this course fulfill their professional responsibility requirement. Enrollment is limited to fifteen clinical students; fifty students total. A limited number of slots are available for interested first-year students. Students who wish to enroll in this course with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section for early drop/add deadline rules for all clinical courses.
The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components unless they get permission from the Registrar's Office.
Please note that the class as a whole meets twice a week.

Legal Research: Advanced

Section A
M 10:30-12:15 Block C

Ms. Virginia J. Wise
3 classroom credits 42900-11 Fall

Section B
M 10:30-12:15 Block C

Ms. Virginia J. Wise
3 classroom credits 42900-31 Spring

American legal research in the twenty-first century offers an often bewildering array of options. This course will offer an in-depth exposure to the dissemination and use of legal information in various formats, including print, Lexis, Westlaw, CD-ROM, and the Internet. Emphasis will be placed on contemporary developments, such as the new Lexis headnotes feature, Key Search, Search Advisor, and emerging Internet providers of information. The course will focus on practical techniques and strategies for research, but will include some examination of information policy issues. Students should find the course particularly useful to prepare for conducting third-year paper research, writing and editing for law reviews, participating in clinical courses, working as a faculty research assistant, serving a judicial clerkship, practicing law, or becoming a legal academic.
At the end of the course students should be able to find current and retrospective cases, records and briefs, verdicts, settlements and other litigation materials, statutes, administrative rules and regulations, administrative decisions, and periodical articles and books in print, online and on CD-ROM from any U.S. jurisdiction. Students will be able to compile legislative histories and use legal looseleaf services. They will be proficient in using online catalogs to retrieve materials both at Harvard and at other institutions. They will receive an introduction to an array of non-legal material available through Nexis, Harvard Libraries E Resources, Dow Jones, and Dialog databases on Westlaw which may be useful for legal researchers.
The course will meet once each week for an hour and 45 minutes in a lecture setting and for one hour and 15 minutes each week in the computer lab. Students taking the course for three credits will be required to complete a series of eight research assignments throughout the term using print and online sources, two in-class quizzes announced in advance, and one short (10-15 pages) paper. There is no final examination.
Enrollment may be limited due to constraints on lab space.
Students may elect to write a paper for one hour extra credit in this course. This paper may, but need not be, written for the third year paper requirement. Students electing this option will be expected to complete an extensive (40-60 pages) research guide in a given subject area chosen by the student. This guide is intended to apply and synthesize the practical knowledge gained during the course.
Course materials will include a legal research textbook, the Bluebook, and supplementary materials distributed by the instructor.

Legal Research: International, Foreign, and Comparative

M,T 8:15-10:15 Block A
Ms. Virginia J. Wise
3 classroom credits 43000-31 Spring

This course will provide an overview of research in international, foreign, and comparative law. As legal practice becomes more global, Harvard-educated lawyers need to be able to conduct research worldwide. The course should be especially valuable to students expecting to fill their third-year paper requirement on an international, foreign, or comparative law topic, journal editors editing and working on foreign and international materials, students planning to work in U.S. firms, government agencies, or NGOs with foreign or international concerns, or to work abroad. Emphasis will be placed on the use of Internet, CD-ROM, and online sources such as Lexis and Westlaw, although the use of print materials will also be covered. Approximately half the course will explore formal international law by examining treaty research, both U.S. and non-U.S., and use of sources, such as the international law digests, Restatement on Foreign Relations, and United Nations documents. International trade research, with an emphasis on the WTO, will serve as an example of specialized topical international legal research. The European Union will serve as a model for doing research using regional organizations' legal materials. Although it will obviously not be possible to cover all non-U.S. jurisdictions, the foreign law component of the course will use one non-U.S. common law jurisdiction and one civil law jurisdiction as paradigms of the structure of legal information in those systems. Students should be able to find legal materials, including books and periodicals, in English and foreign languages at Harvard and elsewhere around the world, upon completion of this course.
The course meets twice a week, one day in a lecture setting and one day in the computer lab. Students taking the course for three credits will be required to complete a series of eight legal research assignments requiring the use of print, CD-ROM, and online sources, take two quizzes announced in advance, and complete one short (10-15 pages) paper. There is no final examination in this course. As with any study of international, foreign, or comparative law, some knowledge of a language other than English is useful, but not required for the course. Legal Research: Advanced is not a prerequisite for this course. Any LL.M. student registering for the course must have taken Legal Research: Introduction to American and International Law.
Students may elect to write a long paper for one hour extra credit in this course. This paper may, but need not be, written for the third year paper requirement. Students electing this option will be expected to complete an extensive (40-60 page) research guide in a given subject area chosen by the student. This guide is intended to apply and synthesize the practical knowledge gained during the course.
Course materials will consist of photocopied materials prepared by the instructor and publishers' explanatory handouts.

Legal Research: Introduction to American and International Law Research: Module

T 8:15-10:15 Block A
Ms. Virginia J. Wise
1 classroom credit 43200-11 Fall

Designed for LL.M. students from countries other than the United States, this one-credit pass/fail course will be taught in two-hour modules for the first two months of the term. This course will cover sources of information about the location of cases, statutes, administrative regulations and decisions, books, and periodical articles. It will introduce computerized legal research aids such as Harvard Libraries E Resources, Westlaw, and Lexis. A limited overview of international law sources will also be offered. The course will emphasize actual use of the materials in a series of legal research exercises. Satisfactory completion of all exercises and two quizzes will be required.
Enrollment is limited to LL.M. students from countries other than the United States.

Legal Writing: Advanced

M,W 3:00-4:00 Block G
Mr. Philip Burling
2 classroom credits 43410-31 Spring

This course provides advanced training in legal writing across the range of situations typically met by the practicing lawyer and in the ways that different types of legal writing help to solve clients' problems. Using the format of a small class and one-on-one sessions with the instructor, this course will examine the way that practicing lawyers use writing for the varying types of tasks which they perform. The course asks students to distinguish between the types of writing that lawyers use for transactions, litigation, statutes, and client communication and helps them to decide how to use those four types of legal writing in particular situations. Each class session will explore a factual situation that calls for a type of legal writing. After each class, there will be a short writing assignment asking the student to deal with the problem in a paper using the relevant type of legal writing. Between classes, students will meet with the instructor to go over his comments and edits in the way that a junior lawyer can expect to meet with a superior in a law office. There will be an opportunity to revise the paper before final submission. Another focus of the course will be an exploration of the way that lawyers use the techniques of legal writing to solve problems.

Local Government Law

M,T 1:15-2:45 Block E
Professor Gerald E. Frug
3 classroom credits 43500-31 Spring
2, 3, or 4 optional clinical credits Fall or Spring

This course examines the possibility and desirability of decentralization of power in America. In the process of doing so, it focuses on issues such as federal and state control of city decision-making, the conflict between central cities and suburbs and among the suburbs themselves, alternatives to city-delivered services and to city taxation as a source of local revenue, and the ways in which racial and ethnic division fracture American metropolitan areas. Above all, this is a course about local democracy. For that reason, among others, active class participation is an integral part of the course and will be expected of every student enrolled in it.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.
Text: Frug, Ford and Barron, Local Government Law (4th ed. 2006).

Making Rights Real: The Ghana Project

Professor Lucie E. White
3 classroom credits 43610-21 Winter

In this Winter Term course, students will assist the Ghana Legal Resources Centre, one of that nation's leading human rights organizations, with a community-based Right to Health project. The partnership between HLS and the LRC on this project began in 2000. Each year a team from law and other disciplines collaborates with the LRC to plan and realize that winter's activities, which seek to make basic health care available to all Ghanaians. The work targets urban and rural areas and combines law, social movement organizing, and grassroots empowerment strategies. The team will hold several meetings at HLS prior to departure. While in Ghana, students will take part in seminars, strategy sessions, and field activities. There will also be time to visit Ghana's many historic and cultural sites and nature reserves. Each student will keep a journal and work with others to write a case study on lawyering for economic and social rights, on the ground. Enrollment is by permission of instructor.

Market Structure: Seminar

W 4:45-6:45 Block J
Professors Hal S. Scott and Allen Ferrell
2 classroom credits 97410-31 Spring

This seminar will look at issues concerning the regulation of the structure of the market for trading publicly traded securities, principally in the U.S. Among the issues we will consider are various trade-through rules (requiring orders to be routed to the market with the best price), requirements of markets to display prices and to report transactions, limits on fees charged for accessing markets, regulation of fees charged by markets for data concerning quotes and trades, prohibition on sub-penny pricing, treatment of payment for order flow, use of soft dollar compensation (in the form of high brokerage fees) to obtain benefits like research, short sale rules, responses to market timing by traders in mutual funds, order flow preferencing arrangements, governance of self-regulatory organizations, demutualization of stock exchanges, the use of self-regulation to control trading abuses, the need for policy coordination among the U.S., Europe and Japan with respect to market structure regulation, the rules for foreign exchanges operating in the U.S., and the deregistration of companies trading in U.S. public markets. Students are required to write a twenty-five page paper and to participate actively in seminar sessions. Students enrolling in the seminar are required to have taken either corporate finance or securities regulation, or to obtain the permission of the instructors.

Mediation

M 4:45-6:45 Block H
Professor Frank E. A. Sander
2 classroom credits 44000-31 Spring
3 credits (2 classroom credits + 1 clinical credit) 44000-32

This course seeks to introduce students to mediation as a concept and as a skill. Following some introductory sessions designed to explore the essential nature and characteristics of mediation, students will be provided with intensive skills training as background for doing a series of simulations. The remaining class sessions will be devoted to exploring certain emerging conceptual and ethical issues, as well as to the application of mediation in various specific contexts (such as family, neighborhood, labor, and environmental disputes). An attempt will be made to place any students who wish to gain actual mediation experience with a Boston mediation program; this can be done on a volunteer basis or for one clinical credit. Those who choose the latter option will be expected to devote four to six hours per week and to submit a reflective report on all mediated cases. A paper will be required in lieu of a final examination.
Enrollment is limited to twenty-four students. Students who are interested in the clinical option should not apply through the Clinical Office, but should apply through the Registrar's Office for the three-credit rather than the two-credit version. The maximum number of clinical students who can be accommodated is six to eight students. If there are additional opportunities, they will be made available on a lottery basis to those students who are already enrolled in the course.
There will be an intensive training session on Sunday, February 12. All students who wish to take the course must participate in that session.
Text: Goldberg, Sander, Rogers, and Cole, Dispute Resolution (4th ed. 2003), and photocopied materials.

Mergers and Acquisitions

T 4:45-6:45 Block L
Mr. Leo E. Strine, Jr.
2 classroom credits 43900-11 Fall

This course, taught by a member of Delaware's Court of Chancery, will focus primarily on the state corporate law of mergers and acquisitions and, secondarily, on important elements of merger agreements, when considered as contracts. The federal securities law relevant to M & A will not be a focus of this course. The course will have a practical bent and concentrate on the real-world legal problems faced by parties doing M & A deals and making or resisting hostile takeover bids, and the policy dilemmas faced by courts who have to address M & A litigation. To that end, at least a couple of classes will, it is hoped, involve the participation of leading M & A lawyers.
As a prerequisite, it is expected that students will have taken Corporations, and it is also useful if students have had Securities Regulation.

Mobilization and Organization: Reading Group

M 4:45-6:45 Block H
Professor Christine A. Desan and Mr. Robert Bordone
1 classroom credit 44030-11 Fall

This reading group will focus on mobilization and organization for social change as a practice at the center of a democratic society. Readings will be drawn from a wide range of disciplines including political and social history, law, sociology, negotiation, and consensus building. Some sessions will focus primarily on the theory of organizing and institutional capacity building. Others will look more closely at specific historical examples of organization and mobilization in practice. The reading group is limited to twelve students with the permission of the instructors. Preference for admission will be given to those who have already taken Negotiation Workshop. Admitted students will be expected to participate actively in the six biweekly sessions and to prepare with another participant to lead the discussion for one of the sessions. Interested applicants should submit a one-page statement of interest to Robert Bordone (rbordone@law.harvard.edu).

Modern Legal Philosophy: 6 Authors: Seminar

W 4:45-6:45 Block J
Visiting Professor Martin Stone
2 classroom credits 97210-11 Fall

This seminar will meet to read and discuss six of the most important books in general jurisprudence published in the last four decades:

Hans Kelsen, The Pure Theory of Law (1960)
H.L.A. Hart, The Concept of Law (1961)
Lon Fuller, The Morality of Law (1964)
Joseph Raz, Practical Reason and Norms (1975)
John Finnis, Natural Law and Natural Rights (1980)
Ronald Dworkin, Law's Empire (1986)

Additional readings will be recommended. Members of the seminar will be expected to participate actively in discussion and to write a final paper on a topic within the area of our discussion. Enrollment limited.

Natural Resources: Law and Policy

W,Th 1:15-2:45 Block F
Professor Jody Freeman
3 classroom credits 44070-31 Spring

The course will focus on the legal and policy mechanisms for the management, use, acquisition, and preservation of natural resources, such as wildlife, endangered species, wilderness, rivers, national parks, wetlands, fisheries, open grazing lands, coastal zones, minerals, and timber. We will examine the mission and authority of individual federal resource agencies such as the Forest Service, the Fish and Wildlife Service, the Army Corps of Engineers, and the Bureau of Land Management, and study their implementation of environmental and resource conservation laws. The course will explore the intense conflicts that arise over natural resources from the perspective of the different stakeholders who lay claim to them, and track the evolution of natural resource policy from the conservation movement to contemporary ecosystem and watershed management approaches.

Negotiation Advanced: Deal Design and Implementation

Th,F 10:30-12:15 Block D
Professor Guhan Subramanian
4 classroom credits 44130-31 Spring

This course will focus on the creation of value through transaction design. The first half of the course will examine barriers to transacting, such as information asymmetries, strategic behavior, and transaction costs. The goal for this part of the course is to understand the generic set of problems and solutions that are common to all complex transactions. The second half of the course will apply these tools to a series of real-world deals. In some of these case studies, student teams will participate in simulated negotiation and drafting exercises; in other cases, student teams will examine and present the deal from a third-party perspective. For several of the case studies, the lawyers and/or principals who participated in the transactions will attend class to provide their perspectives.
The basic course in Corporations and the Negotiation Workshop are prerequisites, or permission of the instructor.

Negotiation: Dealing with Emotions: Seminar

Th 5:00-7:00 Block K
Dr. Daniel L. Shapiro
2 classroom credits 97810-11 Fall

This course offers a framework to help lawyers deal with the emotional dimension of negotiation. Lawyers often negotiate. And they have emotions all the time. The challenge is how to cope with their own emotional reactions to a situation as well as with the emotions of clients and other lawyers. Negotiators often get caught up in negative emotions such as anger, fear, and suspicion. As a result, negotiated outcomes are not as good as they could be.
In this course, students will learn about five "core concerns" that stimulate many emotions in a negotiation. Students will learn how to use the core concerns as a lens to understand the emotional dimension of a negotiation and as a lever to improve rapport and positive relations. With a deep understanding of the five core concerns, students will know some of the fundamental emotional interests of other negotiators even upon meeting them for the first time.
Participants will learn prescriptive strategies to "level" the emotional field and to change perceived roles from adversaries to colleagues facing a joint problem. Through in-class and out-of-class exercises, students will have the opportunity to experiment with techniques to enlist helpful emotions such as enthusiasm and hope, and to deal with problematic emotions such as anger, fear, or guilt.
The "core concerns framework" for dealing with emotions has been co-developed by Roger Fisher and Daniel Shapiro. Much of the thought behind their framework has been enriched by the growing empirical literature on emotions, identity-based conflict, and social interaction.
The seminar will be offered in a two-hour session, one day a week. Each participant will be expected to write a paper on a topic approved by the instructor.
As available, Professor Roger Fisher has agreed to participate in some of the classes.
Prerequisite: A basic negotiation course, workshop, or seminar.

Negotiation and Dispute Resolution - Interdisciplinary Research Seminar

W 4:45-6:45 Block J
Mr. Robert Bordone with Assistant Professor Siobhan O'Mahony (Harvard Business School)
2 classroom credits 97800-11 Fall

This interdisciplinary seminar represents a university-wide initiative to encourage research relating to negotiation, bargaining, dispute-resolution, and other forms of joint decision-making. Most of the sessions will consist of a series of presentations by Harvard faculty from various schools and departments describing and characterizing the core assumptions of different theoretical, disciplinary, and professional approaches to these topics. These perspectives will include decision analysis and behavioral decision theory, game theory, negotiation analysis, cognitive psychology, social psychology, and law and economics. In addition, sessions may focus on the role of gender and culture as well as labor, regulatory, and international negotiation. The course will assemble some of the leading thinkers in the negotiation and dispute resolution discipline, most of whom are affiliated with Harvard's Program on Negotiation.
This seminar will be open to law students who have taken the Negotiation Workshop at the Law School. With permission of the instructor, students who are registered to take either the spring 2006 or winter 2006 Negotiation Workshops may also enroll for this course. Students will be expected to attend all sessions, write a final research paper of twenty to twenty-five pages, and participate in any exercises or group projects associated with the weekly presentations.

Negotiation Workshop B

W,Th 3:00-7:10 Block G/L
Mr. Robert Bordone with Ms. Florrie Darwin and Ms. Gillien Todd
4 classroom credits 44120-31 Spring

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers--whether putting together a start-up company, arranging venture financing, or preparing an initial public offering--are called upon to negotiate on behalf of their clients. Public interest lawyers, in-house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators.
This Workshop, by combining theory and practice, aims to improve both the participants’ understanding of negotiation and their effectiveness as negotiators. Drawing on work from a variety of research perspectives, the readings and lectures will provide students with a framework for analyzing negotiations and tools and concepts useful in negotiating more effectively. Participants will spend much of their time in a series of negotiation exercises and simulations, where as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what does not work, and why.
The Workshop is intensive and time-consuming. It meets Wednesdays and Thursdays from 3:00 p.m. to 7:10 p.m. In addition, students will need to be present for exercises for portions of two weekends during the term. These sessions are required.
The Workshop will be limited to 72 students who will be divided into three working groups of 24 each. Plenary sessions of the full class will be devoted to demonstrations, discussion problems, lectures, video and film. Much of the time devoted to exercises and simulations will take place in the smaller working groups, each of which will be led by an experienced instructor and a teaching assistant.
No fewer than 15 spots will be reserved for 1Ls. 1Ls will be admitted to the course through an application process during the fall semester. The remainder of the slots will be open to all 2Ls, 3Ls, LL.M.s and cross-registrants who will be interspersed within the working groups.
In addition to participating in the daily activities, students will be expected to keep a journal and write a short paper. The journal is submitted weekly. This course has no final examination and will end several weeks before the end of the spring semester in light of the intensity of the Workshop during the term.
During the first week of the Workshop, upperclass and LL.M. students will be given an opportunity to elect to take the Workshop on a pass/fail basis. For cross-registrants, the availability of the pass/fail option is dependent on the policies of their home school.

Negotiation Workshop C

M,T,W,Th,F 8:30-5:00
Professor Robert H. Mnookin with Ms. Erica Fox, Ms. Sheila Heen, Ms. Kathy Holub, Ms. Linda Netsch, and Mr. Douglas Stone
4 classroom credits 44100-21 Winter/Spring
(3 classroom credits Winter + 1 classroom credit Spring)

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers-whether putting together a start-up company, arranging venture financing, or preparing an initial public offering-are called upon to negotiate on behalf of their clients. Public interest lawyers, house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators.
This workshop, by combining theory and practice, aims to improve both the participant's understanding of negotiation and effectiveness as a negotiator. Drawing on work from a variety of research perspectives, the readings and lectures will provide students with a framework for analyzing negotiations and with tools and concepts useful in negotiating more effectively. Participants will spend much of their time in a series of negotiation exercises and simulations, where, as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what doesn't work, and why.
The workshop is intensive and time-consuming. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9 a.m. until 4:30 p.m. (although class will often end earlier). There will be simulations and videotaping some evenings and some weekends. Class attendance is essential and required at all sessions. Students may not take the workshop if they have other courses that conflict with the daily hours or with any other significant obligation during the winter term. There will be no classes during the spring term.
The workshop will be limited to 144 students who will be divided into six working groups of twent

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