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2008-09 Course Catalog (Print View)

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Administrative Law: 2L A

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Professor Jody Freeman
4 classroom credits LAW-30010A

This course will study law making and law application by executive departments of government. Using the material covered in the first-year "Legislation and Regulation" course as a foundation, this class will cover a variety of topics, including the legal framework (both constitutional and statutory) that governs administrative adjudication; the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. The central theme of the course is how the law manages the tension between "rule of law" values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance.

Administrative Law: 2L B

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Assistant Professor Matthew Stephenson
4 classroom credits LAW-30010A

This course will study law making and law application by executive departments of government. Using the material covered in the first-year "Legislation and Regulation" course as a foundation, this class will cover a variety of topics, including the legal framework (both constitutional and statutory) that governs administrative adjudication; the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. The central theme of the course is how the law manages the tension between "rule of law" values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance.

Administrative Law: 3L A

Fall term, Block C
M,T 10:15 AM - 11:45 AM

Professor Cass Sunstein
3 classroom credits LAW-30000A

This course examines the constitutional and statutory framework surrounding the operation and governance of administrative agencies. Attention is devoted throughout to the nature and legitimacy of the modern regulatory state -- and to the question how lawyers, and law, can improve it. Substantive issues include environmental protection, national security, occupational safety, telecommunications, immigration, and much more. The first part of the course focuses on regulatory policy and on constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. In particular, it examines whether and to what extent the arrangements that mark the modern administrative state are consistent with the structural objectives that underlie our constitutional system of separated powers and checks and balances. The second part of the course considers the Administrative Procedure Act (APA). In particular, it examines both the safeguards and pathologies that have emerged after many decades of experience with the APA's prescribed framework for rule-making, adjudication, and judicial review. A pervasive question involves the relationship between the judicial system and an administrative state that was created largely in opposition to it.

Administrative Law: 3L B1

Spring term, Block G
M,T,W 3:15 PM - 4:35 PM

Visiting Professor Elizabeth Magill
4 classroom credits LAW-30000A

Administrative agencies play an important role in determining individual's legal entitlements and duties. This course is concerned with the role of agencies in the constitutional structure and their operations. With respect to constitutional structure it will cover legislative delegation of authority to agencies, agency adjudication of disputes that arise under federal law, executive appointment and removal power, and the legislative veto. With respect to the operations of agencies the course will explore the way in which the Administrative Procedure Act (APA) and other sources of law regulate and structure the authority of agencies to determine the rights and responsibilities of the public. The topics will include procedures for agency rulemaking and adjudication, the choice between rule-making and adjudication, and judicial review of agency action.

Administrative Law: 3L B2

Spring term, Block A
M,T 8:30 AM - 10:00 AM

Visiting Professor Jim Rossi
3 classroom credits LAW-30000A

This course will study the processes of law making and law application by the executive departments of government (including "independent" regulatory agencies). Its central theme is the tension between law and discretion, between the need for grants of power sufficient to ensure effective government and the need to limit that power to protect citizens from government oppression and unfairness. The course will first explore the constitutional status of the administrative agencies and how the Supreme Court has rationalized their exercise of government power outside of the traditional tripartite divisions of the Constitution. It will then explore the methods developed by Congress and courts to control administrative power, including the development of procedural formalities in administrative adjudication and rulemaking. It will also explore doctrines governing the scope and availability of judicial review of administrative action.

Advanced Clinical Practice

Fall term, Block X
Th 3:00 PM - 5:00 PM

Clinical Professor David Grossman
2 classroom credits LAW-32355A (1 Fall + 1 Spring)
6 required clinical credits LAW-32355C (3 Fall + 3 Spring)

This workshop, which is required for all 3L members of the Harvard Legal Aid Bureau, provides students with the opportunity to engage in further critical self-reflection on their clinical experience, focusing on their roles as advocates, mentors, and law office managers and incorporating readings on issues of poverty law and legal services delivery.

Students may waive up to two clinical credits per semester. Clinical grading is pass/fail.

Enrollment in this clinical course is restricted only to 3L HLAB members, and will not be in clinical registration. HLAB members in their 3L year in 2008-2009 will automatically be enrolled in this seminar and clinical.

Advanced Readings in Japanese Law: Seminar

Spring term

Professor J. Mark Ramseyer
2 classroom credits LAW-90005A

In this seminar, students will read legal materials in Japanese. The topics covered will depend on student interest, but whatever the topic the material read will include scholarly articles, statutory or regulatory provisions, and legal opinions. Enrollment is by permission of the instructor. The seminar will meet once a week, at a time and place to be determined. The grade will depend on class participation and a written exercise at the end of the semester.

Send e-mail with expression of interest to ramseyer@law.harvard.edu by February 6, 2009.

Advanced Research Seminar on Law and Policy

Fall/Spring term, Block I
T 5:00 PM - 7:00 PM

Professor Philip Heymann
3 classroom credits LAW-95311A
(1 credit Fall + 2 credits Spring)

This seminar, which will meet every other week in the fall and every week in the spring, 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, political, and ethical analysis. Discussions in the fall will use policy cases to illustrate the process of combining techniques that are then to be applied by students in their own papers, the Integrated Written Project required of joint degree students. Past fall case studies have included the investigation of Wen Ho Lee, detention of suspected terrorists, and global warming.

Students will present their work during the spring semester. The Integrated Written Project substitutes for the KSG Policy Analysis Exercise (PAE) for MPP students and Second-Year Policy Analysis (SYPA) for MPA/ID students and fulfills the HLS Written Work Requirement. The Project consists of a detailed plan of action for a public policy issue and should be directed to a particular public policy official, real or hypothetical.

Note: This seminar is required for students earning a joint degree from Harvard Law School and the Kennedy School of Government, and while usually taken in the final year of that four-year program may instead be taken in the third year by petitioning the course professors. In addition to joint degree students, students pursuing concurrent law and policy degrees, may be admitted with the permission of the instructors. Upon completion of the Integrated Written Project, students will receive one KSG credit and one HLS written work credit. In exceptional circumstances, two HLS written work credits will be awarded.

Advanced Topics in Torts

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Professor John Goldberg
4 classroom credits LAW-30195A

This class will study current issues in tort law with particular emphasis on topics not typically covered in first-year Torts classes, including defamation, fraud, invasion of privacy, and the interaction of tort law with safety regulations and compensation schemes.

American Indian Law

Fall term, Block C
M,T 10:15 AM - 11:45 AM

Visiting Professor Bethany Berger
3 classroom credits LAW-30530A

This course explores the legal relationships between American Indian tribes and the United States and the various states. Major topics in the course include the history of federal Indian law and policy, congressional power with respect to Indian peoples and nations, principles of interpretation of laws and treaties regarding Indians, the nature of tribal sovereignty, and tribal, federal, and state jurisdiction in Indian country. In examining these topics, we will also discuss tribal legal systems, gambling and taxation in Indian country, and the Indian Child Welfare Act.

American Jury (The)

Spring term, Block F
W,Th 1:00 PM - 2:30 PM

Professor Charles R. Nesson
3 classroom credits LAW-30229A

Mythic origins in Magna Carta, a history intimately connected with historic struggles for liberty, cornerstone of constitutions of the states and United States of America, the american jury is our national demonstration of law. Our class will engage the American Jury both as history and living institution, sick and in need. We will study its function, and its potential as a legal institution for revitalizing american democracy. Eclectic readings, audio-visual assignments, group work, supervised paper.

Analytical Methods for Lawyers A

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Professor Kathryn Spier
3 classroom credits LAW-30310A

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 explore 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

Spring term, Block F
W,Th,F 1:00 PM - 2:20 PM

Mr. David Cope
4 classroom credits LAW-30310A

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 explore 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.

Antitrust Law

Fall term, Block G
M,T,W 3:15 PM - 4:35 PM

Judge Michael Boudin
4 classroom credits LAW-30600A

The course covers basic U.S. antitrust law, analysis and enforcement, focusing on agreements in restraint of trade, monopolization, mergers, price discrimination, tying and similar topics. The examination will be in class, open book and open computer. The materials will be Areeda and Kaplow, Antitrust Analysis: Problems, Text, and Cases (Aspen Sixth Edition 2004), the 2008 supplement prepared over the summer and limited supplementary materials.

Antitrust, Technology, and Innovation: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Clinical Professor Phillip Malone
2 classroom credits LAW-90271A

Many of the most exciting and challenging recent developments in antitrust law have arisen in cases involving innovative technology industries such as the Internet, computer software and hardware, and other information technologies. This seminar will take a detailed and critical look at some of the unique challenges to existing antitrust doctrine and enforcement efforts raised by these industries. We will begin by exploring the relationships between competition, market structure and innovation, including the application of Schumpeterian models and subsequent refinements and critiques, and alternative models such as peer-production and user-generated innovation. We will then examine recent economic research and theory regarding the operation and characteristics of dynamic, innovation-driven markets, including network effects, standardization, platform and systems competition, technical compatibility and interoperability, and ecosystem/keystone theory. The seminar will consider difficult issues of antitrust market definition, particularly in the context of computer technology and pharmaceuticals, including technology and innovation markets and the challenge of identifying breaks in a continuum of functionality of software products. We will devote substantial attention to recent developments in the antitrust treatment of product innovation and design decisions such as predatory design, bundling, software integration, and technological tying, including a comparison of the D.C. Circuit's two Microsoft decisions, the European Commission and Court of First Instance's Microsoft decisions, and the Korean Fair Trade Commission Microsoft cases regarding software tying. We also will look at recent evolution of the definitions of exclusionary conduct in technology markets, including the Supreme Court's Trinko decision, and will specifically examine duties to deal, duties to disclose and the withholding of technical information. A substantial portion of the seminar will be devoted to analyzing some of the most challenging issues presented by the intersection of antitrust and intellectual property law in technology markets, including market power following the Supreme Court's decision in Independent Ink; general principles of limits on IP licensing; comparative US and European treatment of unilateral refusals to license intellectual property; patent thickets, cross-licenses, pools, reverse payments and other agreements to settle patent litigation; and the evolving antitrust implications of certain conduct in the context of industry standard-setting organizations.

Throughout the course, we will evaluate the similarities and differences between US and EU law in their respective doctrinal approaches to and practical treatment of various key seminar topics. Readings will be drawn from a wide variety of leading US and European court cases, government guidelines, the recent FTC/DOJ Antitrust and IP Report, recent economic and legal academic literature, enforcement Agency hearings and speeches, and actual litigation and appellate materials from relevant cases. An overview course or other prior seminar in antitrust law, or other substantial familiarity with basic antitrust principles, is a prerequisite.

This course is by-permission of the instructor for 1L students.

Appellate Courts and Advocacy Workshop

Spring term, Block X
Th 3:00 PM - 6:00 PM

Mr. Brian Wolfman
3 classroom credits LAW-30610A

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

The doctrinal portion of the course, and the corresponding small to medium-sized writing assignments, will be covered during the first two-thirds of the course. The appellate brief and oral argument will be completed at the end of the Term. In addition to classroom sessions, students will have one-on-one meetings with the teacher to review draft appellate briefs. Students who are considering enrolling in this course should read the more detailed course description located at http://www.citizen.org/documents/hlsdetaileddescri ption2009.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 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 http://www.citizen.org/litigation and http://www.citizen.org/litigation/supremecourt/, respectively.

Art, Law and Cultural Property

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Professor Bruce L. Hay
3 classroom credits LAW-30688A

A study of domestic and international laws concerning the creation, ownership, trade, theft, and destruction of art and cultural property. Topics include recovery of Nazi-looted art, trafficking in antiquities, intellectual property, freedom of speech, contracts and commercial law, jurisdictional problems. Choice between exam and paper.

Bankruptcy A

Fall term, Block C
M,T,W 10:15 AM - 11:35 AM

Professor Elizabeth Warren
4 classroom credits LAW-31400A

This course covers the federal Bankruptcy Code and explores the critical 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 personal bankruptcies to the failure of multinational corporations.

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. It provides the context for a grounded discussion of the broader social implications of debt. The course will provide some commercial background, and it will cover the available empirical evidence about the bankruptcy system.

Warren and Westbrook, The Law of Debtors and Creditors, (Little, Brown, 5th ed. 2005); Warren, Statutory Supplement (Aspen, 2008).

Bankruptcy C

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Professor George G. Triantis
3 classroom credits LAW-31400A

This course concerns the law and finance of corporate bankruptcy with an emphasis on reorganization. The course reviews the fundamentals of debt contracting, including the role of events of default, debt priority and security interests. The course examines various aspects of the bankruptcy process: including the automatic stay, the avoidance of prebankruptcy transactions (e.g. fraudulent conveyances and preferences), the treatment of executory contracts, the debtor's governance structure during bankruptcy, the financing of operations and investments in bankruptcy, sales of assets during bankruptcy, and the process of negotiating, voting, and ultimately confirming a plan of reorganization. Evaluation by written examination.

Bioethics: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Professor Frances Kamm (Harvard Kennedy School)
2 classroom credits LAW-90335A

Philosophical discussion of selected issues in bioethics, such as allocation of scarce resources, equity in healthcare, death, euthanasia and assisted suicide, abortion, embryonic stem cell research. Readings primarily from contemporary philosophical sources. This seminar is jointly offered with Harvard Kennedy School and the Philosophy Department.

Please note: Philosophy background required.

Business and Human Rights Clinical Seminar: Law and Practice

Spring term, Block L
T 5:00 PM - 7:00 PM

Messrs. Tyler Giannini and Chris Jochnick
2 classroom credits LAW-94731A Spring
2, 3, or 4 required clinical credits LAW-94731C Spring

In recent years, a robust debate has emerged around the challenge of extending human rights norms to corporate actors. This clinical seminar will explore the fast growing field of business and human rights, highlighting the most critical legal and practical issues surrounding efforts to advance corporate responsibility and accountability. Historically, the legal and activist human rights communities have focused on state actors, with concerns about private actors left to other fields. As the reach and influence of companies has grown--often dwarfing the states in which they operate--their impact on human rights has become impossible to ignore. Today, the human rights movement has set its sites squarely on the private sector, marking a critical shift and raising a fascinating set of legal and practical issues.

The legal debates around business and human rights are struggling to keep pace with work on the ground. Human rights have become the currency of major brands, helping determine Citigroup investments, Exxon-Mobil relations with communities, and working conditions along the Wal-Mart supply chain. Shareholder activists are demanding greater transparency and reporting on human rights, and human rights, development, and environmental NGOs have turned their attentions to these issues, while an industry of legal and management consultants has sprung up to guide companies on human rights practices. The UN, OECD, and multilateral banks have adopted human rights standards for companies, and a growing body of soft and hard law (domestic and international) is beginning to define the precise scope of corporate human rights obligations. The seminar will be divided into three sections:

1. Background: The economic, political and social background that has spurred and shaped the current field of business and human rights, including issues of corporate power and influence, human rights impacts, and civil society developments;

2. Legal challenges: The legal challenges to defining and regulating corporate human rights obligations, including concepts of complicity, sphere of influence, extraterritorial jurisdiction, home state responsibility and corporate structure/supply chains.

3. Implementation: The current legal and practical efforts to advance corporate responsibility and accountability for human rights obligations, including voluntary standards, reporting protocols, multi-stakeholder initiatives, multilateral oversight and domestic litigation.

The course will count on a range of institutional and expert supporters as both clinical placements and class speakers. A clinical practice component is required of all students.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Business Strategy for Lawyers

Spring term, Block G
M,T,W 3:15 PM - 4:45 PM

Professor Kathryn Spier
4 classroom credits LAW-31710A

This course presents the fundamentals of business strategy to a legal audience. The class sessions include both traditional lectures and 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 main course material 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, market foreclosure, and innovation.

In addition, class sessions at the end of the semester will be devoted to student presentation and analysis of selected case studies. Working in small assigned groups, students will apply the frameworks learned in class to recent strategic and legal issues facing organizations and industries.

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.

Requirements include a final exam, several short written assignments, and a group project which includes a class presentation.

Capital Markets Regulation

Spring term, Block L
W 5:00 PM - 7:00 PM

Professors Hal S. Scott and Robert Glauber (Harvard Kennedy School)
2 classroom credits LAW-31970A

This course begins by examining the overall market structure of the capital market, e.g. retail versus institutional and public versus private. It then looks at key regulatory issues with respect to the equity and securitized debt components of the market. With respect to the equity market, we will begin by looking at the competitiveness of the public equity market with private and foreign market alternatives. We will then look at the following equity markets issues: (1) the regulatory process, with focus on the SEC; (2) the justification and impact of private enforcement through securities class actions; (3) the rise (and possible fall) of private equity as an alternative to public equity ; (4) corporate takeovers and the market for corporate control; and (5) disclosure and control of executive compensation. With respect to the securitized debt markets, we will look at what problems in these markets were revealed by the subprime crisis. We will then look at (1) how to achieve more transparency about the characteristics and value of the underlying assets in a pool of securities and of the pool as a whole; (2) possible changes in the role of the credit rating agencies; (3) key issues in borrower relief and consumer protection; and (4) capital adequacy for financial institutions with securitized debt exposure. We will conclude with an examination of possible reforms of the overall regulatory structure, including the role of the states as well as the various federal agencies. Our agenda of issues is subject to revision to take account of market and political developments in the next year.

Challenges in Global Economic Governance

Spring term, Block J
W 5:00 PM - 7:00 PM

Visiting Professor Jeffrey Dunoff
2 classroom credits LAW-90452A

This seminar will examine the main institutions, practices and challenges facing contemporary global economic governance. It will explore the key architectural elements of the post World War II international system, as well a series of specific topics, from a variety of legal, economic and political perspectives. Such topics may include, among others, the interface between international trade obligations and domestic regulation of health, safety and the environment; relations between developed and developing states; the tensions between regional and global approaches to cooperation; the rise of new actors in global governance; and the legitimacy and democratic accountability of various forms of global economic governance.

Child Advocacy Clinic

Spring term, Block L
W 5:00 PM - 7:00 PM

Ms. Jessica Budnitz
2 classroom credits LAW-32080A Spring
3 or 4 required clinical credits LAW-32080C Spring
2 optional clinical credits Winter

The CAP clinic is designed to educate students about a range of social change strategies and to encourage critical thinking about the pros and cons of different approaches. The course includes both a classroom and fieldwork component. A variety of substantive areas impacting the lives of children will be addressed, with a focus on child welfare (abuse and neglect, foster care, and adoption), education, and juvenile justice. The course is relevant for students with a particular interest in children's issues but also for those more generally interested in law reform and social change.

Enrollment Options: Students have two options, which correspond to different course listings: Child Advocacy Clinic (Spring only) or Child Advocacy Clinic (Winter/Spring). All students will be required to take 2 Spring classroom credits. Additionally, all students will engage in part-time clinical work during the Spring term, registering for 3 or 4 Spring clinical credits (which roughly translates to 15 or 20 hours of work each week). Winter/Spring students will engage in full-time clinical work during the Winter term, in addition to their part-time Spring clinical work.

Enrollment Procedures: Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates. Please note that the Child Advocacy Clinic has EARLIER drop/add deadlines than other clinicals: November 10 for Winter-Spring clinicals, and December 5 for Spring clinicals. Once enrolled in the clinic, students will be provided a description of the various fieldwork options, and students will be placed to the degree possible in accord with their preferences. Visit the Child Advocacy Program (CAP) website (www.law.harvard.edu/academics/cap) for a list of CAP clinical placements offered in past years.

Fieldwork Component: Students will be placed in a wide array of fieldwork settings, ranging from organizations providing individual advocacy, to those promoting systemic change through impact litigation and legislative reform, to grassroots organizing initiatives. Some students will work for reform from within the system and others from outside. Students will work on different types of projects such as: developing legislative reform proposals, participating in mediations, doing in-court advocacy work, drafting legal briefs, analyzing social science and psychological research, leveraging the media and writing op-ed articles, investigating new policy initiatives. For instance:


- In the child welfare area, students may work at the state agency charged with protecting children from abuse and neglect, with private lawyers representing children in the foster care system, with a model early home visitation program focused on supporting fragile families, or with the district attorney's office prosecuting parents accused of child maltreatment.


- In the education area, students may work with a program that weds social science with the promotion of policy reform, with a project advocating for the special needs of children exposed to violence, or with the state agency charged with overseeing schools on issues such as charter schools, school finance, assessment and accountability, student rights, and school discipline.


- In the juvenile justice area, students may work on legislative and policy initiatives aimed at improving the justice system for youth of color, on a new initiative providing alternatives to detention, or with a model juvenile defender organization.


- Many placements cut across substantive areas. Students may work as a law clerk in the juvenile court, with a state legislative committee focused on child welfare and education, or with a medical -legal collaborative aimed at improving child well-being.

Winter Term Fieldwork Option: The Winter Term opens up the possibility of placement with model organizations throughout the U.S. and even internationally. Most Winter-Spring students will be placed in a distant placement for the Winter Term, and then return to continue their fieldwork in the form of a research and writing project in the Spring. A small number of Winter-Spring students will be placed locally, working full-time in the Winter and then part-time at the same organization in the Spring.

Classroom Component: During the Spring term, students will bring their varied fieldwork experiences into the classroom so that all can learn from the rich combination of clinical experiences and debate the value of different approaches. Each student will give one presentation during the term - often in combination with the fieldwork supervisor - describing his/her clinical work, his/her organization, and how his/her project fits within the organization's larger child advocacy agenda.

Course Requirements: Regular attendance and active participation in discussion is required. Grading will be based on a combination of each student's presentation and related packet, contributions to class discussion throughout the term, and clinical fieldwork.

Relationship to Other Child Advocacy Program Courses: This course is part of the Child Advocacy Program (CAP). Other CAP courses being offered in 2008-09 include: (1) Child, Family, and State; and (2) Future of the Family: Adoption, Reproduction and Child Welfare seminar. Enrollment in these other CAP courses is encouraged. While there is no prerequisite for the Child Advocacy Clinic, in the event that it is overenrolled, preference will be given to students who have taken or are currently registered for other CAP courses.

Child Exploitation, Pornography, and the Internet: Seminar

Spring term, Block D
Th 10:00 AM - 12:00 PM

Ms. Diane Rosenfeld and Ms. Dena Sacco
2 classroom credits LAW-98063A
2, 3, or 4 optional clinical credits LAW-98063C Fall or Spring
or 2 optional clinical credits LAW-98063C Winter

This course addresses the complex legal, technological, and social questions created by the rapidly increasing distribution of both child and adult pornography on the Internet over the past decade. While prosecuting child pornography cases has become a law-enforcement priority, enforcement efforts have been increasingly challenged by developments in technology and concomitant changes in social mores. Adult pornography has remained outside the reach of law enforcement unless it is considered obscene. The course considers the legal frameworks for child and adult pornography, including the Constitutional and technological dimensions of regulatory efforts, the underlying social assumptions that result in the differences in how the law treats the two, and the relationship of child and adult pornography to sexual violence and exploitation. Students will be offered the opportunity to work in the Berkman Center's Cyberlaw Clinic either before or while they take the course. At the clinic, they will supplement their educational experience by working for real clients on exploitation cases that involve an Internet component. Information on the Cyberlaw Clinic and on Ms. Sacco is available on the Berkman Center's website (cyber.law.harvard.edu/teaching/clinical).

Open to 2L and 3L JD students and LL.M. candidates.

Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Child, Family, and State

Spring term, Block C
T,W 10:25 AM - 11:55 AM

Professor Elizabeth Bartholet
3 classroom credits LAW-32000A

This course will focus on children's rights and interests in the context of family, education, and child welfare, 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 appropriate nurture, and assess the potential of programs 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), education, and juvenile justice. Throughout we will think about how we could change law and policy to create a better world for children and families.

This course is part of the Child Advocacy Program (CAP), whose other courses are: The Art of Social Change: Child Welfare, Education, & Juvenile Justice, the Child Advocacy Clinic, and the Future of the Family seminar. Students participating in this Child, Family, and State course will get a preference for admission to the Winter-Spring and Spring versions of the Child Advocacy Clinic and related fieldwork placements, and to the Future of the Family seminar. Enrollment in all the CAP courses is encouraged but not required.

There will be a take-home examination for this course.

Cross-registrants are welcome.

Citizenship: Seminar

Spring term, Block J
W 5:00 PM - 7:00 PM

Professor Gerald Neuman
2 classroom credits LAW-90480A

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.

City Building: Crafting a Legal Framework for a New Development City: Seminar

Spring term

Professor Jack Landman Goldsmith
2 classroom credits LAW-90525A

In this research seminar, students will work with Professors Jack Goldsmith at Harvard and Professor Larry Lessig at Stanford to create the legal infrastructure for a new city that is being planned to enable development in an economically depressed area of the world. The seminar will involve drafting of the treaties, contracts, and corporate structures needed to create the new development city and, more broadly, to help inaugurate a public discussion of the ideal structure to enable this development.

Students interested in this seminar must seek permission from Professor Goldsmith, and should send a statement of interest and a resume to his assistant Ashley Pollock at apollock@law.harvard.edu by January 1, 2009.

The meeting time for this seminar will be determined at a later date.

Civil Procedure 1

Fall term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor Martha L. Minow
4 classroom credits LAW-10100A

This course considers the fundamental and recurrent problems in civil actions largely through the rounded study of the conduct of a single modern system of procedure, that embodied in the Federal Rules. In the first stage the student surveys the phases of litigation under this system from commencement of action through disposition on appeal; the survey is intended to convey elementary information, to propound various questions, which are more deeply studied during the rest of the course, and to exhibit the distinctive characteristics of Anglo-American civil procedure. The following subjects are then dealt with in more detail: evolution of the unitary civil action; pleadings, discovery and other pretrial devices including alternative dispute resolution; trial; jurisdiction of courts; and former adjudication. Equity jurisdiction is sketched in connection with the historical evolution of the unitary civil action, and there is some instruction in the rules of evidence in relation to the principal aspects of the trial. The division of business between federal and state courts claims attention, as does the enforcement of state law in federal courts and federal law in state courts. Contemporary developments with respect to parties, class actions and injunctive relief are also introduced. The text for the course is Subrin, Minow, Brodin and Main, Civil Procedure (3rd ed.) 2008.

Civil Procedure 2

Fall term, Block D
Th,F 10:00 AM - 12:00 PM

Visiting Professor John Leubsdorf
4 classroom credits LAW-10100A

Study of the principal elements of the civil litigation process in federal courts. The subjects studied include elements of a fair procedural system, phases of a lawsuit with an emphasis on pleadings, joinder of parties and claims, discovery, pre-trial adjudication and jury trial, the economics of litigation, subject matter and personal jurisdiction, enforcement of state law in federal courts, the effects of prior adjudication, complex litigation, and alternatives to formal adjudication. We will try to combine theoretical insight into the many functions of the procedural system with practical insight into litigation strategies.

Civil Procedure 3

Fall term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor William Rubenstein
4 classroom credits LAW-10100A

This course considers the fundamental and recurrent problems in civil actions largely through the rounded study of the conduct of a single modern system of procedure, that embodied in the Federal Rules. In the first stage the student surveys the phases of litigation under this system from commencement of action through disposition on appeal; the survey is intended to convey elementary information, to propound various questions, which are more deeply studied during the rest of the course, and to exhibit the distinctive characteristics of Anglo-American civil procedure. The following subjects are then dealt with in more detail: evolution of the unitary civil action; pleadings, discovery and other pretrial devices including alternative dispute resolution; trial; jurisdiction of courts; and former adjudication. Equity jurisdiction is sketched in connection with the historical evolution of the unitary civil action, and there is some instruction in the rules of evidence in relation to the principal aspects of the trial. The division of business between federal and state courts claims attention, as does the enforcement of state law in federal courts and federal law in state courts. Contemporary developments with respect to parties, class actions and injunctive relief are also introduced.

Civil Procedure 4

Fall term, Block B
W,Th,F 8:35 AM - 9:50 AM

Assistant Professor Jim Greiner
4 classroom credits LAW-10100A

This course considers the fundamental and recurrent problems in civil actions largely through the rounded study of the conduct of a single modern system of procedure, that embodied in the Federal Rules. In the first stage the student surveys the phases of litigation under this system from commencement of action through disposition on appeal; the survey is intended to convey elementary information, to propound various questions, which are more deeply studied during the rest of the course, and to exhibit the distinctive characteristics of Anglo-American civil procedure. The following subjects are then dealt with in more detail: evolution of the unitary civil action; pleadings, discovery and other pretrial devices including alternative dispute resolution; trial; jurisdiction of courts; and former adjudication. Equity jurisdiction is sketched in connection with the historical evolution of the unitary civil action, and there is some instruction in the rules of evidence in relation to the principal aspects of the trial. The division of business between federal and state courts claims attention, as does the enforcement of state law in federal courts and federal law in state courts. Contemporary developments with respect to parties, class actions and injunctive relief are also introduced.

Civil Procedure 5

Fall term, Block F
W,Th,F 1:15 PM - 2:30 PM

Assistant Professor I. Glenn Cohen
4 classroom credits LAW-10100A

This course considers the fundamental and recurrent problems in civil actions largely through the rounded study of the conduct of a single modern system of procedure, that embodied in the Federal Rules. In the first stage the student surveys the phases of litigation under this system from commencement of action through disposition on appeal; the survey is intended to convey elementary information, to propound various questions, which are more deeply studied during the rest of the course, and to exhibit the distinctive characteristics of Anglo-American civil procedure. The following subjects are then dealt with in more detail: evolution of the unitary civil action; pleadings, discovery and other pretrial devices including alternative dispute resolution; trial; jurisdiction of courts; and former adjudication. Equity jurisdiction is sketched in connection with the historical evolution of the unitary civil action, and there is some instruction in the rules of evidence in relation to the principal aspects of the trial. The division of business between federal and state courts claims attention, as does the enforcement of state law in federal courts and federal law in state courts. Contemporary developments with respect to parties, class actions and injunctive relief are also introduced.

Civil Procedure 6

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Visiting Professor Samuel Issacharoff
4 classroom credits LAW-10100A

This is the introductory course on civil procedure. We will cover a range of topics on the proper functioning of a procedural system. Some of the covered topics will be due process, pleading, joinder, jurisdiction, and the relation of attorneys and clients.

Civil Procedure 7

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Professor Christine Desan
4 classroom credits LAW-10100A

This course considers the fundamental and recurrent problems in civil actions largely through the rounded study of the conduct of a single modern system of procedure, that embodied in the Federal Rules. In the first stage the student surveys the phases of litigation under this system from commencement of action through disposition on appeal; the survey is intended to convey elementary information, to propound various questions, which are more deeply studied during the rest of the course, and to exhibit the distinctive characteristics of Anglo-American civil procedure. The following subjects are then dealt with in more detail: evolution of the unitary civil action; pleadings, discovery and other pretrial devices including alternative dispute resolution; trial; jurisdiction of courts; and former adjudication. Equity jurisdiction is sketched in connection with the historical evolution of the unitary civil action, and there is some instruction in the rules of evidence in relation to the principal aspects of the trial. The division of business between federal and state courts claims attention, as does the enforcement of state law in federal courts and federal law in state courts. Contemporary developments with respect to parties, class actions and injunctive relief are also introduced.

Class Action Law

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor William Rubenstein
3 classroom credits LAW-32312A

This course will study the theory and practice of class action litigation in the United States. It is an advanced course in procedure, public law, judicial administration, and litigation. Topics range from the conceptual underpinnings of representative litigation to the specific doctrines of federal complex litigation practice, including jurisdiction, certification, choice of law, overlapping class suits and multi-district litigation practice, notice and other communications with class members, remedies, settlement, fairness hearings, objectors, attorney's fees, and preclusion. The course is primarily doctrinal in nature, but it will include significant amounts of procedural theory, narratives of legal practice, and legal ethics.

Commercial Law: Secured Transactions A

Fall term, Block F
W,Th,F 1:00 PM - 2:20 PM

Visiting Professor Lynn LoPucki
4 classroom credits LAW-32200A

Credit fuels the American economy, and secured credit is how the players fix the game. This course examines the use of credit and collateral in sale and loan transactions, ranging from routine consumer purchases to complex business transactions. This is a problem-based exploration of commercial deal making that considers statutory interpretation 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 developing legal strategies appropriate to specific situations. Grades will be based principally on an in-class examination and to a very minor degree on two short written assignments. Preparation, attendance, and participation in class discussions are required.

Commercial Law: Secured Transactions B

Spring term, Block C
M,T,W 10:30 AM - 11:50 AM

Professor Andrew L. Kaufman
4 classroom credits LAW-32200A

Secured credit fuels the American economy. This course, which used to be one of the five required 2L courses, 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 (5th ed. Aspen 2006); Warren, Statutory Supplement (latest edition).

Commercial Transactions: Theory and Practice: Seminar

Fall term, Block H
M 5:00 PM - 7:00 PM

Professor George G. Triantis
2 classroom credits LAW-90815A

This seminar will look at a range of commercial contracts and the law that governs them (principally under the Uniform Commercial Code). The range of contract includes sales of goods, distributorship contracts, franchises, payment mechanisms (such as promissory notes, checks and credit card payments), letters of credit, and lending contracts. We will examine contracts used in the real world and academic articles addressing legal issues raised by these contracts. Each student will be responsible for writing a paper and presenting her/his work-in-progress in class.

Communications and Internet Law and Policy

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Professor Yochai Benkler
3 classroom credits LAW-32381A

The course will provide an introduction and overview to questions of communications and Internet law and policy. It's format will involve an workshop-like experience, where students work in groups to develop a policy paper each week, on a different subject, and share their findings and paper with the other students through in-class presentations. The topics are selected so that by following their own, and other student's presentations, students will receive an overview of the major topics currently at stake in communications and Internet law and policy, and will also develop an in-depth familiarity with a subset of the issues through intensive high-intensity research, discussion, and presentation.

Community Action for Social and Economic Rights

Spring term, Block M
M 7:00 PM - 10:00 PM

Professor Lucie White
3 classroom credits LAW-32370A
2, 3 or 4 optional clinical credits Spring
and/or 2 optional clinical credits Winter

This course will address theories and methods for promoting social and economic rights through community-based advocacy. It will include hands-on training in grassroots advocacy methods, such as human rights education and strategic action planning. We will situate these practices within theoretical debates about development, democracy, race, community, and power. Course requirements include weekly reflection memos, a case study, and facilitating a class session.

Both the course and clinical are well suited for foreign students without a US law degree.

Students are encouraged to consider a Winter and/or Spring Term clinical. Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Comparative Constitutional Law

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Mark Tushnet
3 classroom credits LAW-32460A

This course will cover a series of topics arising in the comparative study of constitutional systems. Concentrating on constitutional structure and law in such countries as Canada, Great Britain, France, Germany, India, Israel, Japan, and South Africa, it will examine selected problems of both constitutional design and constitutional adjudication. There will be little overlap between this course and Professor Hirschl's offering on comparative constitutional law and politics.

Comparative Constitutional Law: South Africa's Bill of Rights

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Professor Frank Michelman and Visiting Professor Richard Goldstone
3 classroom credits LAW-32465A

This course will examine constitutional developments in South Africa, including and following upon that country's transition to a constitutional state in 1994. It will focus mainly on adjudications under the Bill of Rights and the bearing of those adjudications on the wider development of South African law and legal (especially judicial) institutions. Reflective comparison with constitutional law in other countries will be constant expectation in the course. Topics will include protections of civil liberties, equality and affirmative action, the positive or protective duties of the state (including socioeconomic rights), and the bearing of the Bill of Rights on law governing relations to which the government is not a party (the question of "state action" or "horizontal effect").

Prior completion of a basic course on the constitutional law of some country is required for admission to this course. For J.D. students, completion of either the "First Amendment" course or the "Separation of Powers, Federalism, and the Fourteenth Amendment" course will suffice for this purpose. For graduate students, completion of a basic course in the constitutional law of their home country will suffice.

Comparative Corporate Law and Governance in Western Europe: Seminar

Spring term, Block J
W 5:00 PM - 7:00 PM

Profess Reinier Kraakman and Visiting Professor Karl Hofstetter
2 classroom credits LAW-92245A

This seminar will explore selected topics in corporate law and governance in the U.S. and Europe. It will address U.S. law and practice, key EU Directives, and domestic law and corporate governance in several large European jurisdictions. Our initial readings will sketch the law, governance institutions, and ownership structures of our focus jurisdictions. After this overview, the seminar will consider governance choices in a variety of specific areas, including the allocation of legal power between the shareholders meeting and the board, the protection of minority shareholders, the protection of corporate creditors, the participation of stakeholders such as employees and the state in corporate governance, the regulation of management compensation, and the legal framework governing mergers and acquisitions. The seminar will conclude by addressing change in corporate law and governance across jurisdictions, including the sources of pressures to reform and the extent to which these pressures operate in the direction convergence across jurisdictions. The written assignments for this seminar will consist solely of discussion memoranda addressing the weekly readings. Seminar participants may write papers for additional credit in tandem with taking the seminar but not as a substitute for weekly memos.

A prior course in U.S. corporate law or its foreign equivalent is a prerequisite for this seminar.

Comparative Law: Globalization of Law in Historical Perspective

Spring term, Block G
M,T,W 3:15 PM - 4:35 PM

Professor Duncan Kennedy
4 classroom credits LAW-32660A

This course will examine the process by which western legal rules and ideas globalized during the period 1850-2000. It will review the development of western classical legal thought in the late 19th century, and its diffusion through colonization, unequal treaties and prestige/influence. It will then take up 'the Social,' the dominant western mode of the first half of the 20th century, and contemporary legal thought, each with characteristic modes of diffusion. 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. The readings are mainly law review articles, in many fields of public, private and international law, comparative law and legal theory, and they are fairly extensive and difficult. The exam will be an open book take home distributed on the last day of class and due on the last day of exam period.

Comparative Law: Introduction to European Legal Traditions (1L)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Visiting Professor Paolo Carozza
4 classroom credits LAW-16911A

This course is designed to provide an introduction to the methods of comparative law and to the principal features of the two most influential legal traditions of the world: the common law tradition of England and the Romano-Germanic tradition of continental Western Europe. After an introduction to background concepts and methods of comparative analysis, the course will examine the main institutions, actors, processes and organization of the common law and civil law traditions in Europe, and will consider also their relationship to the supranational law of the European Union and the European human rights system. The latter part of the course will take up a number of specific comparative exercises drawn from a variety of substantive areas of law that lend themselves to fruitful comparison between the European law and legal systems being studied and our own. Throughout the course, one major objective is to deepen our understanding of our own legal tradition, by heightening our awareness of its contingencies and particularities and making us more capable of critical self-reflection from the perspective of different, but related, legal traditions. Another theme is to reflect on the possibilities of and obstacles to the development of transnational law. This course is one of the 1L required international or comparative courses and only available to HLS first-year students.

Comparative Law: Why Law? Lessons from China (1L & LL.M.)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Professor William P. Alford
4 classroom credits LAW-16910A

This course uses the example of China as a springboard for asking fundamental questions about the nature of law, and the ways in which it may (or may not) differ in different societies. Historically, China is said to have developed one of the world's great civilizations while according law a far less prominent role than in virtually any other. This course will test that assertion by commencing with an examination of classic Chinese thinking about the role of law in a well-ordered society and a consideration of the nature of legal institutions, formal and informal, in pre-20th century China -- all in a richly comparative setting. It will then examine the history of Sino-western interaction through law, intriguing and important both in itself and for the broader inquiry into which it opens concerning the transmission of ideas of law cross culturally. The remainder (and bulk) of the course will use the effort in the People's Republic of China to build a legal system -- perhaps the most extensive such effort in world history -- to ask what it means to build a legal order. Simply stated, what is central and why, what is universal and what culturally specific and why, and so forth? It is intended to be inviting to individuals both with and without prior study of China. This course is one of the 1L required international or comparative courses and is availabe to first-year and LL.M. students.

If you have any questions whatsoever about whether to sign up for the course, please contact Professor Alford at alford@law.harvard.edu.

Complex Litigation and Mass Tort

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Professor David Rosenberg
3 classroom credits LAW-33310A
plus 1 written work credit Spring

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. The fall term will be devoted to reading and discussing the leading cases and scholarship, and selecting paper topics; in the spring term, students will present and comment on draft papers. There is no examination; the final grade will be based on the student's paper and written comments on other students' papers.

Concept of Obligation in Islamic Law (The)

Spring term, Block L
T,Th 5:00 PM - 6:30 PM

Professor Baber Johansen (Harvard Divinity School)
3 classroom credits LAW-33385A

The classical Muslim law concept of the legal personality as the seat of personal obligation and debt is the most important object of study in this course. The relation between legal personality, personal obligation and debt will be analyzed in different ritual and legal contexts in order to get a grasp on the full range of these categories' functions and meaning. We will read texts belonging to two different genres of legal literature. The first literary genre, called the "roots of the law", treats the theory of legal argumentation, the second one, "the branches of the law" presents the doctrine on actionable legal acts and legal facts. In the first group of texts we will study the concept of (divine) command, human obligation and the causes of performance of that obligation. Texts from both literary genres on the obligation to pray and to fast will help us to better understand the dimension of cultic obligations.

"Branches of the law" texts from Central Asia, Iraq and Egypt, ranging from the eleventh to the sixteenth century, will be used for the analysis of the law of transactions. As far as the objects of contractual exchange are concerned, the concept of obligation will be discussed in the light of the distinction between fungibles, individual things and their monetary value. The category of "monetary value" is a condition for a complete concept of fungibility that allows to measure the value of all things and of all obligations in comparable terms.

The obligations that arise from donations differ in status from those that result from commercial exchange. They give more importance to honor, generosity and social relations as factors of obligation than to the calculation of the monetary value of objects. Consequently, their obligatory character and the calculation of equivalents is much less strict. But precisely for a better understanding of the obligatory character of obligations ensuing from commercial exchange, a comparative analysis of both types of obligations is indispensable.

The modalities of debt extinction between living persons as developed by the classical Muslim jurists are a complex problem. The jurists work with two concepts: one is the liberation of the legal personality through the payment of the debt, the other one depicts debt as the coming into existence, through an act of commercial exchange, of the same monetary value in the hand of the buyer as an obligation to pay the price and in the legal personality of the seller as credit to the buyer. The payment of the price, in this form of reasoning, leads to a clearing of the two monetary values and the establishment of a new equilibrium. We will discuss the meaning of and the relation between these two explanatory strategies in some detail.

Another key to the jurists' understanding of the relation between the individual's legal personality, her assets and obligations is their doctrine on the insolvent person. The integration of the insolvent into the commercial exchange is conceived of at once as a risk, as a commercial necessity and as a justification for the inequality of the partners in such an exchange. We will, in this context, analyze the dissent between and within Sunni schools of law on the question whether a seller is entitled to dissolve a sale if the buyer turns out to be insolvent. We will discuss the theoretical consequences and the practical meaning of such dissent. A comparison between modern forms of microfinance and the salam contract of Muslim law will show some commonalities but also important systematic differences.

The last three sessions of the course will be dedicated to the question which elements of this concept of obligation have proved to be compatible with modern Arab or Pakistani law.

Students will be required to choose early (i.e. by the fourth or fifth session) from the reader a subject on which they will lecture the class in the second half of the course. The first three sessions will be dedicated to the discussion of the concept of obligation in the history of common law and civil law. In the fourth and fifth section we will discuss the available English texts on obligation in Islamic law.

From the sixth session on we will study classical sources of Muslim Law. At the beginning of the term, the professor will provide translations from the Arabic of legal texts for the seventh to the twelfth session. For later sessions, the translations will be available latest two weeks before the date for which their discussion is scheduled.

This course is by-permission of the instructor for 1L students.

Conflict of Laws

Spring term, Block D
Th,F 10:00 AM - 11:30 AM

Professor Joseph William Singer
3 classroom credits LAW-33400A

This course examines how courts choose which law should be applied to transactions, relationships, or occurrences having contacts with more than one state in the United States or with the United States and a foreign nation. The course will also touch on adjudicatory jurisdiction, recognition of foreign judgments, and tribal sovereignty of American Indian nations. We will address the various approaches adopted by states and/or advocated by scholars, focusing on cases involving torts, contracts, property, family law, procedure, and tribal sovereignty. Roughly one-half of the class days will be devoted to a series of moot court exercises. Students will present oral arguments and act as judges, both asking questions and meeting in conference to decide the cases. Students will be required to write short, two-page memoranda on a substantial number of the problem cases and to write a 10-page proposed opinion on one of the moot court cases that will be due at the end of the semester. The grade will be based on these papers and the moot court oral presentations. There is no exam. Enrollment is limited to 40 students and enrollment will be limited to 2L and 3L students; 1Ls are not eligible to take this course.

Constitution and the International Order (The) (1L)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Professor Noah Feldman
4 classroom credits LAW-16930A

This course examines the interplay between domestic constitutions (chiefly the U.S. Constitution, but also contemporary and historical constitutions of other countries) and the laws, institutions, and realities of what is sometimes rather hopefully called the international order. Using case law and case studies, it addresses issues including: the sources of constitutional authority; the relation between international and foreign law and the interpretation of domestic constitutions; the constitutional status of binding international treaties; the role of international actors in designing and ratifying constitutions; the cross-cutting effects of war on constitutional and international-legal norms; universal rights and local customs and practices; and the problem of the "legal" nature of both international law and constitutional law. This course is one of the 1L required international or comparative or comparative courses and only available to HLS first-year students.

Constitutional Dictatorship: Reading Group

Fall term, Block L
T 5:00 PM - 7:00 PM

Visiting Professor Sanford Levinson
1 classroom credit LAW-33599A

The very term "constitutional dictatorship" no doubt strikes many people as oxymoronic, since one purpose of constitutions is precisely to prohibit the kinds of arbitrary government that we identify with dictatorship. There is, however, a rich literature about the extent to which any well-conceived constitution should recognize the desirability, under certain conditions, of the kind of (relatively) unfettered discretion that we often associate with the term "dictator." The most important such book is surely Clinton Rossiter's Constitutional Dictatorship: Crisis Government in the Modern Democracies, originally published in 1948 and most recently republished in 2002. Rossiter begins his analysis by looking at the ancient Roman model of dictatorship and brings the story forward to discuss the responses to emergency situations in France, Germany, Great Britain, and the United States. As to the latter, he had no trouble labeling Abraham Lincoln a "constitutional dictator," and he used this as a term of commendation rather than critique. There were other discussions of what distinguished "constitutional dictatorships" from "totalitarian dictatorships" during the 1940s and '50s, though, for whatever reason, that strain of scholarship seemed to die out thereafter. September 11 and its aftermath, at both home and abroad, have generated a great deal of interest in the limits (or lack of same) on executive power to meet potential emergencies. There has been a concomitant revival of interest in the work of German (and Nazi) jurisprude Carl Schmitt, particularly his book Political Theology, inasmuch as he argues that "states of emergencies" (or, more precisely, "states of exception") put the very possibility of what might be termed standard-form liberal constitutionalism into doubt.

We will therefore read together both primary and secondary works dealing with the concept and actuality of ostensible "constitutional dictatorships" in an effort to decide whether the term is indeed necessarily oxymoronic with regard to the American constitutional order. The readings will most likely be taken from the following:

Clinton Rossiter, Constitutional Dictatorship
John Locke, Second Treatise on Government, chapters on "prerogative"
Selected numbers of The Federalist
Letter of Thomas Jefferson to John Colvin
Materials on the Lincoln presidency
Carl Schmitt, Political Theology
Selections from Korematsu, Youngstown Steel v. Sawyer (The Steel Seizure Case), and Hamdi
Portions of the so-called "torture memorandum" of the Office of Legal Counsel concerning presidential power under Article II

I anticipate that the readings will average approximately 75 pages per each bi-weekly session.

Constitutional Law Advanced: Reading the Constitution

Spring term, Block L
M 5:00 PM - 7:00 PM

Visiting Professor Akhil Amar
2 classroom credits LAW-33675A

An advanced constitutional law course focusing intently on the Constitution itself (as distinct from the case law interpreting it, sometimes quite loosely). Thus, we shall journey through the supreme law of our land article by article and amendment by amendment, from start to finish. The main textbook for the class will be Amar, America's Constitution: A Biography (2005). At the end of the semester, each student will be expected to produce a 12-15 page paper on some particular constitutional clause (or set of clauses) of the student's choice.

Constitutional Law: First Amendment A1

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Professor Noah Feldman
4 classroom credits LAW-21100A

This course is one of the two basic courses in the field; it focuses on the First Amendment and deals with the Freedom of Speech, the Free Exercise of Religion, and the Establishment Clause.

Constitutional Law: First Amendment A2

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Professor Martha L. Minow
3 classroom credits LAW-21100A

This course is one of the two basic courses in the field; it focuses on the First Amendment and deals with the Freedom of Speech, the Free Exercise of Religion, and the Establishment of Religion. There is no prerequisite.

Constitutional Law: First Amendment B1

Spring term, Block E
M,T 1:00 PM - 3:00 PM

Professor Richard Parker
4 classroom credits LAW-21100A

The course is one of the two basic courses in the field. It focuses on the First Amendment and addresses the Freedom of Speech, the Free Exercise of Religion and the Establishment Clause. This section of the course will approach the law as an ongoing practice of argument. It will deal not just with decisions and doctrine, but also with what lies beneath the surface--assumptions, images and emotions that structure and animate argument. It will analyze the internal conflicts and the ebb and flow of constitutional argument over time, concentrating on the last fifty years.

In class, there will be no cold calling on students and no panels. Instead, students will be encouraged to respond to questions put to the class as a whole and exhorted to challenge and criticize the instructor in a sort of "reverse Socratic" dialogue.

Constitutional Law: First Amendment B2

Spring term, Block F
Th,F 1:00 PM - 3:00 PM

Professor Laurence H. Tribe
4 classroom credits LAW-21100A

This course is one of the two basic courses in the field: it focuses on the First Amendment and deals with the Freedom of Speech, the Free Exercise of Religion, and the Establishment Clause. The course will be taught largely through lectures, with some discussion and time for Q&A exchanges in each class. An earlier version of the course description made reference to the inclusion of moot courts that were to have been conducted and judged by students in the course, but the instructor has decided to eliminate that feature of the course in favor of more inclusive substantive coverage of the increasingly complex subject matter and closer examination of its relationship to constitutional law as a whole. A further wrinkle of which students should be aware before enrolling in the course is that the use of laptops, iPhones, Blackberries, and other similar devices will not be permitted during class. The examination will be a space-limited, same-day take-home exam.

Constitutional Law: Separation of Powers, Federalism and Fourteenth Amendment A1

Fall term, Block G
M,T,W 3:15 PM - 4:35 PM

Professor Martha Field
4 classroom credits LAW-21000A

This course is one of the two basic courses in the field. It focuses on the structure of the United States government, including the doctrines of separation of powers and federalism. The course also involves an in-depth study of the Fourteenth Amendment's Equal Protection and Due Process Clauses.

Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment A2

Fall term, Block C
M,T,W 10:15 AM - 11:35 AM

Professor Michael Klarman
4 classroom credits LAW-21000A

This is the basic Constitutional Law course covering judicial review, congressional powers (e.g., the commerce clause), separation of powers, and individual rights issues arising under the Equal Protection and Due Process Clauses of the Fourteenth Amendment, including race discrimination, sex discrimination, and fundamental rights issues such as the right to vote, sexual autonomy, economic freedom, and abortion.

Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment A3

Fall term, Block F
W,Th,F 1:00 PM - 2:20 PM

Professor Richard Parker
4 classroom credits LAW-21000A

The course is one of the two basic courses in the field. It focuses on the Fourteenth Amendment's Equal Protection and Due Process Clauses and on the separation of powers and federalism. This section of the course will approach the law as an ongoing practice of argument. It will deal not just with decisions and doctrine, but also with what lies beneath the surface--assumptions, images and emotions that structure and animate argument. It will analyze the internal conflicts and the ebb and flow of constitutional argument over time, concentrating on the last fifty years.

In class, there will be no cold calling on students and no panels. Instead, students will be encouraged to respond to questions put to the class as a whole and exhorted to challenge and criticize the instructor in a sort of "reverse Socratic" dialogue.

Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment B1

Spring term, Block E
M,T 1:00 PM - 3:00 PM

Visiting Professor Akhil Amar
4 classroom credits LAW-21000A

An introduction to the main themes of the American Constitution--popular sovereignty, separation of powers, federalism, and rights--and to basic techniques of constitutional interpretation. Special emphasis on the interplay of constitutional text, judicial doctrine, and constitutional decision-making outside the judiciary.

Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment B2

Spring term, Block G
M,T,W 3:15 PM - 4:35 PM

Visiting Professor William Forbath
4 classroom credits LAW-21000A

This course offers an introduction to American constitutional law. It focuses on the institution of judicial review; on some aspects of constitutional structure--the principles of federalism and separation of powers; and on the equal protection and due process clauses of the Fourteenth Amendment. It also examines the role of the Constitution and of judicial review historically in the broader political life of the nation and theoretically in the enterprise of constitutional democracy. Finally, attention is given to the role of other actors besides the courts in interpreting the Constitution and shaping constitutional development.

Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment B3

Spring term, Block C
M,T,W 10:15 AM - 11:35 AM

Professor Martha L. Minow
4 classroom credits LAW-21000A

This course is one of the two basic courses in the field; it focuses on the separation of powers and federalism and on the Fourteenth Amendment's Equal Protection and Due Process Clauses.

Constraining Prosecutorial Discretion: Reading Group

Fall term, Block L
W 5:00 PM - 7:00 PM

Professors Philip B. Heymann and Alan M. Dershowitz with Mr. Stephen Heymann
1 classroom credit LAW-44451A

This reading group will address the problems arising from the vast amount of unconstrained discretion vested in prosecutors. Despite some laws and rules restricting the choices made in this most important position in our system of justice, the remaining discretion as to whom to charge and what is the appropriate sentence to seek leaves the prosecutor free to pursue convictions and harsh sentences in ways hard to defend in principle. Some examples are: threatening sentences the prosecutor regards as excessive to obtain pleas or cooperation; charging only some suspects guilty of the same crime for reasons of politics or policy or to make an example; and making extravagant undercover offers or payments to informants. Then there is the even less visible discretionary decision not to charge those who should be prosecuted.

We will explore what boundaries to constrain uses of prosecutorial discretion would be consistent with confidence in our system of justice.

Consumer Finance

Spring term, Block E/G
M 1:40 PM - 3:40 PM

Professor Howell Jackson and Professor Peter Tufano (Harvard Business School)
3 credits LAW-33720A
(2 classroom + 1 written work)
2, 3, or 4 optional clinical credits LAW-33720C

This course is designed for students who seek to understand opportunities in consumer finance businesses, and who may want to work for or with consumer finance companies, invest in them, consult to them, advise them, or regulate them. More broadly, the consumer finance sector touches most other sectors of the economy, directly or indirectly, and involves each of us in our daily lives, so it provides a window into understanding consumer behavior, personal financial choices, the broader economy, and political economy.

The course has five conceptual underpinnings. First, it emphasizes the functional perspective, which is the notion that one should focus on functions, rather than institutions or products, to best understand the financial system. The functions delivered by the consumer finance system include payments, savings, credit, and others. Second, related to this functional perspective, we take a consumer-centric approach. How do psychological and sociological factors influence needs and preferences? Third, with this consumer centric approach, we focus on product and process innovations that can deliver these needs more efficiently. Fourth, we focus on the economics of consumer finance businesses, with a special emphasis on the costs of customer acquisition, product distribution, and product delivery. Finally, we focus on the legal context within which consumer finance businesses operate. What are the guiding principles behind government involvement in the consumer finance sector? How do laws and regulations create opportunities and challenges for firms in this space? How do public authorities prevent predatory and abusive practices without unduly hampering innovation and efficiency?

The course will be organized around 13 two-hour sessions on Mondays and Tuesdays on the HBS X schedule, from 1:30 to 3:30. The course is jointly listed at Harvard Business School and Harvard Law School and will be co-taught by professors at both schools. Class sessions will rotate between HBS and HLS. To accommodate differences in school calendars, the first meeting of the class will occur on Tuesday, January 27th, which is the week before the HLS Spring semester officially begins. For this first session, students enrolled in the course should come at 1:00 p.m. for a preliminary overview of course logistics. The last session of the course will take place on Tuesday, April 21st, which is a week before the last week of HLS classes. Most sessions will involve a combination of cases and readings, and all will involve active and vigorous case discussions. Course materials will involve a wide variety of financial institutions and products, including innovations in credit products, payment products, savings products, insurance products, and consumer information systems. While the materials will largely be drawn from the US financial services sector, a few sessions will detail case studies from other countries, such as India and South Africa. The course is multidisciplinary and will deal with issues from finance, operations, marketing, and the law, among others. Students will be required to write a paper and may work in small teams. Paper topics must be approved in advance and students may be asked to present their findings orally as well.

For HLS students, the course will count for a total of three credits: two classroom credits plus one writing credit. There are no prerequisites, though the course may be of particular interest to students who have previously taken Regulation of Financial Institutions or the Predatory Lending/Consumer Protection Clinical Workshop.

HLS students may participate in the optional spring clinical, with placements at the WilmerHale Legal Services Center's Predatory Lending/Consumer Protection clinic. Please refer to the HLS Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

Consumer Law and Policy: Seminar

Fall term, Block J
W 5:00 PM - 7:00 PM

Mr. Roger Bertling and Ms. Kimberly Breger
2 classroom credits LAW-91645A
2, 3, or 4 optional clinical credits LAW-91645C Fall
or 2 optional clinical credits LAW-91645C Winter

Consumer law affects everyone - from the poorest to the wealthiest. This class will survey consumer law, from the history of the consumer movement to the new frontiers in an increasingly globalized market for consumer lending products. In addition to introducing the relevant law, the course will cover current themes and policy debates with respect to consumer finance. Specific attention will be paid to an analysis of the dynamic changes in the residential mortgage market. We will discuss the effectiveness of various regulations intended to combat lending abuses in the face of the enormous growth, and now partial collapse, of the secondary mortgage market. We will examine and debate tensions that arise in the consumer law context-- from the interplay between federal and state regulatory schemes, maintaining access to credit in a nontransparent lending regime, and the costs/benefits of home ownership against the backdrop of a sometimes unsophisticated consumer base with few other affordable options. The class will also address issues of racial discrimination in lending, debt collection practices, credit reporting, consumer arbitration, and the tensions that exist where consumer rights intersect with our electronic information society.

The class will require a final paper (15 pages) on a research topic with a practical or policy component in an area of concern for consumers.

Students may -- and are encouraged to -- elect a practice component, or clinical, in conjunction with the course. Clinical placements will be in the Predatory Lending/Consumer Protection Clinic at the WilmerHale Legal Services Center (for a clinic description visit www.law.harvard.edu/academics/clinical/lsc/ clinics/predatory.htm). Students electing the clinical component, which can be done in either the fall or winter term, will be automatically enrolled in the concurrent two-credit Predatory Lending/Consumer Protection Clinical Workshop (LAW-44795A).

Students who want to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Contracts 1

Fall term, Block A
M,T 8:00 AM - 10:00 AM

Professor Allen Ferrell
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Among the topics that may be covered are: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.

Contracts 2

Fall term, Block G
M,T,W 3:15 PM - 4:30 PM

Professor Elizabeth Warren
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, typically exchanged as part of a bargain. Contracts are the principal means by which transactions are conducted and legal obligations are voluntarily incurred. Among the topics to be covered are when a legally enforceable promise exists; when contracts should be voided in the wake of duress, nondisclosure, unconscionability, or other intervening causes; how to interpret contracts; and what remedies to award in the event of breach.

Contracts 3

Fall term, Block G
M,T,W 3:15 PM - 4:30 PM

Visiting Professor Gillian Lester
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Among the topics that may be covered are: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.

Contracts 4

Fall term, Block G
M,T,W 3:15 PM - 4:30 PM

Professor Gerald E. Frug
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Among the topics that may be covered are: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.

Contracts 5

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Visiting Professor John Pottow
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Among the topics that may be covered are: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.

Contracts 6

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Professor George G. Triantis
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Among the topics that may be covered are: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.

Contracts 7

Fall term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor John C. Coates
4 classroom credits LAW-11100A

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Among the topics that may be covered are: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.

Copyright

Fall term, Block G
M,T,W 3:15 PM - 4:45 PM

Professor William W. Fisher
4 classroom credits LAW-33800A

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 Cohen et al., Copyright in a Global Information Economy, and a set of ancillary readings available through the course homepage.

Corporate and Securities Law Policy

Fall term, Block L
M 5:00 PM - 7:00 PM

Professors Lucian A. Bebchuk and Allen Ferrell
2 classroom credits LAW-34060A

This course will consider a range of issues in corporate and securities law policy. The issues to be considered include the allocation of power between managers and shareholders, corporate transactions, boards of directors, executive pay, regulatory competition, investor litigation, and investor protection around the world. Some sessions will feature speakers, including both academics and prominent practitioners, who will present their work and thinking about current issues and research in the area. Readings will be mainly from law review articles. 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 the corporate law rules 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. Open to JD students who took or are concurrently taking a basic course in corporations, to LLM students who took a course in corporate or business law in their prior legal studies, and to other students with the permission of the instructors. Enrollment limited to 40.

Corporate Finance A

Fall term, Block A
M,T 8:00 AM - 10:00 AM

Visiting Professor Eric Talley
4 classroom credits LAW-34000A

This is a four unit course. It explores the intersection of the fields of corporate finance and corporate law, particularly in domains where the two fields tend to lean heavily upon one another: mergers and acquisitions, securities litigation, corporate governance, and state shareholder actions. Emphasis will be on developing an understanding for the greater focus and expertise that financial economists have developed over the last half century to answer "real world" problems of legal significance. In addition, we will consider how (and why) both courts and regulators now place significant emphasis on financial methodologies pertaining to valuation, transactional fairness, market dynamics, and the ability to quantify / spread risks. The course is appropriate for advanced law and business students, and does not require prerequisites. However, I highly encourage law students to have some familiarity with basic principles in corporate and securities law, and to be comfortable working with numbers (including basic algebra) and Excel. Some experience in an undergraduate or graduate statistics class is also helpful but not required. Grades will be determined on the basis of problem sets and a final exam.

Corporate Finance B

Spring term, Block E
M,T 1:00 PM - 3:00 PM

Professors Reinier Kraakman
4 classroom credits LAW-34000A

This course addresses the fundamentals of financial economics and reviews the use of financial economics in selected areas of corporate and securities law.

Corporate Governance of the Public Firm

Spring term, Block C
M,T,W 10:15 AM - 11:15 AM

Professor Mark J. Roe
3 classroom credits LAW-34090A

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 or co-requisite: Corporations or equivalent exposure to corporate law.

This course is by-permission of the instructor for 1L students. 1L students with an appropriate background can apply by sending a note with the background to Mark Roe (mroe@law.harvard.edu, ccing Lise Berg (lberg@law.harvard.edu), by November 21.

Corporate Governance: Hedge Funds, Venture Capital and Private Equity: Seminar

Fall/Spring term, Block H
M 5:00 PM - 7:00 PM

Professor Mark J. Roe
2 classroom credits LAW-91891A
(1 credit Fall + 1 credit Spring)

Spring Term: Block L
M 5:00 PM - 7:00 PM

In this seminar we will examine academic writing on corporate governance issues involving hedge funds, venture capital, and private equity. Corporations or similar is a prerequisite.

The seminar will meet a few times in the fall (in lieu of the same number of meetings in the spring) to focus on acquiring a good paper topic, with the sessions aimed for those students writing their 3L or similar papers in the seminar. For these few sessions, we'll meet during the Friday class make-up slot.

Corporate Law and Finance: Seminar

Spring term, Block J
W 5:00 PM - 7:00 PM

Visiting Professor Eric Talley
2 classroom credits LAW-92405A

This two unit seminar will consider current topics involving the intersection of corporate law and finance. It will combine in-class discussions and outside speakers (both academics and practitioners). Grades will be determined based on a term paper.

Corporate Reorganization

Spring term, Block L
M 5:00 PM - 7:00 PM

Mr. Martin Bienenstock
1 classroom credit LAW-34131A

This course uses the central topics in corporate reorganization cases to demonstrate the diverse disciplines required to rescue distressed companies, including game theory, reorganization calculus, statutory interpretation, constitutional analysis of the bankruptcy legislation, litigation, and negotiation. The major topics covered will include: corporate governance, good faith, confirmation, mass torts, collective bargaining agreements, executory contracts, claims trading, equitable subordination, statutory committee powers, debtor in possession lending, subordinated debt, and jurisdiction.

This course will meet from February 2nd through March 30th.

The course will not meet on March 16th.

Corporations A1

Fall term, Block D
Th,F 10:00 AM - 12:00 PM

Professor Reinier Kraakman
4 classroom credits LAW-22000A

This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, reorganizations, and control transactions. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on corporate factors among others.

Corporations A2

Fall term, Block A
M,T 8:00 AM - 10:00 AM

Professor J. Mark Ramseyer
4 classroom credits LAW-22000A

This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, reorganizations, and control transactions. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on corporate factors among others.

Corporations A3

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Professor Guhan Subramanian
4 classroom credits LAW-22000A

This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, reorganizations, and control transactions. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on corporate actors among others. Casebook: Allen, Kraakman and Subramanian, Commentaries and Cases on the Law of Business Organization (2nd ed. 2007).

Corporations B1

Spring term, Block C
M,T,W 10:15 AM - 11:55 AM

Professor Robert C. Clark
4 classroom credits LAW-22000A

This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, reorganizations, and control transactions. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on corporate actors among others. Materials to be announced.

Corporations B2

Spring term, Block F
W,Th,F 1:00 PM - 2:20 PM

Professor Jon Hanson
4 classroom credits LAW-22000A

This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, reorganizations, and control transactions. Throughout the semester, we will critically examine the conventional justifications, and consider the potentially harmful consequences, of existing laws.

Corporations B3

Spring term, Block E
M,T 1:00 PM - 3:00 PM

Visiting Professor Eric Talley
4 classroom credits LAW-22000A

This is a 4-unit course. Its aim is to provide foundational knowledge about the laws and regulations governing business organizations (with a primary focus on corporations). It will survey a number of topics, including rules of agency law, corporate formation, corporate identity, rights of creditors, rights of shareholders, fiduciary duties, corporate governance, executive compensation, mergers and acquisitions, and securities law. Key themes will concern how corporate law regulates the relationships among different constituencies within the corporation, including entrepreneurs, owners/shareholders, managers, capital creditors, trade creditors, employees, customers, and suppliers. Grades will be determined on the basis of a final exam.

Corporations C

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Visiting Professor Randall Thomas
3 classroom credits LAW-22000A

This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, and control transactions.

Creation of the Constitution

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:10 PM

Visiting Professor Michael McConnell
3 classroom credits LAW-34160A

This is a detailed historical study of the intellectual, political, and legal issues involved in the creation of the original U.S. Constitution. The course has four parts: (1) readings on the intellectual background (political philosophy, economic theory, theology, and British constitutional law) that informed the debates over the Constitution, together with the experience under the state constitutions and Articles of Confederation between 1776 and 1787; (2) the framing of the Constitution in Philadelphia in 1787, including significant portions of Madison's notes on the convention; (3) the ratification struggle, including significant portions of The Federalist Papers, anti-Federalist writings, and materials from the Virginia ratifying convention; and (4) the decision to adopt of Bill of Rights, with particular attention to the Religion Clauses of the First Amendment.

Criminal Adjudication

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Professor William Stuntz
4 classroom credits LAW-34210A

Though this course carries a different name, it is identical to the course that, in previous years, was called Advanced Criminal Procedure. Its subject is the criminal process "from bail to jail": in other words, the parts of the criminal process that lawyers and judges govern. Topics include bail and pretrial detention, prosecutorial discretion, defendants' right to the effective assistance of counsel, plea bargaining, discovery, the right to a jury trial and jury selection, double jeopardy, and appellate review. With respect to all these topics, the goal is to understand (1) the governing doctrine, (2) the relationship between that doctrine and the operation of the justice system "on the ground," and (3) the role lawyers' discretion plays in shaping American criminal justice.

Criminal Justice Theory: Reading Group

Spring term, Block L
M 5:00 PM - 7:00 PM

Professor Carol Steiker
1 classroom credit LAW-34180A

This Reading Group will explore topics in criminal justice theory, addressing issues relating both to substantive criminal law (theories of punishment and the shape of criminal prohibitions) and criminal procedure (theories of how the state should investigate and prosecute crime). The relationship of criminal justice to social change more broadly will be the thread connecting the particular issues/readings of each session (which will be chosen by the Reading Group itself, guided by the participants' particular interests). Participants in the group will be expected to take a turn at presenting the readings for a particular week and setting out questions/topics for discussion.

Interested students should send a statement of interest to Kristin Flower at kflower@law.harvard.edu by October 1.

Criminal Law 1

Spring term, Block F
W,Th,F 1:00 PM - 2:15 PM

Visiting Professor Dan Kahan
4 classroom credits LAW-12100A

This course will examine substantive criminal law, including general doctrinal principles as well as specific crimes and defenses.

Criminal Law 2

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Professor Daniel J. Meltzer
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law, including criminal responsibility, the significance of act, intent, causation and result, justification and excuse, and the rationale of punishment. General doctrinal principles of the criminal law and illustrative crimes are studied, usually including the following topics: defenses, insanity, attempts, conspiracy, and aspects of the law of homicide and rape. The course also considers important aspects of criminal procedure (focusing on the scope and exercise of discretion in prosecutorial charging, plea bargaining, and sentencing), especially as these discretionary decisions interact with the substantive criminal law.

Criminal Law 3

Spring term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor Charles J. Ogletree
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law, including criminal responsibility; the significance of act, intent, causation, and result; justification and excuse; and the rationale of punishment. Doctrinal principles having to do with insanity, other defenses, attempts, and conspiracy are studied, as well as the law of homicide, theft, and rape. So far as time permits, the course will include a general overview of the criminal process.

Criminal Law 4

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Professor Carol Steiker
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law, including criminal responsibility, the significance of act, intent, caustion and result, justification and excuse, and the rationales for punishment. General doctrinal principles of the criminal law and illustrative crimes are studied, including attempts, conspiracy, and the law of accomplice liability, defenses such as self-defense and insanity, and aspects of the law of homicide and rape. The course also considers some important issues in the administration of the criminal justice system, with special emphasis on the phenomenon of discretion. The rationales for allowing discretion, the proper scope of discretion, and the practical effects of discretion are examined in the context of particular institutional actors, with focus on prosecutorial charging discretion, the practice of plea bargaining, and current debates about sentencing discretion. The focus is not on criminal procedure in the conventional sense, but rather on the quintessentially substantive problem of understanding the criteria by which culpability and punishment are actually determined in the contemporary American criminal justice system.

Criminal Law 5

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Assistant Professor Jeannie Suk
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law, including criminal responsibility, the significance of act, intent, causation and result, justification and excuse, and the rationale of punishment. General doctrinal principles of the criminal law and illustrative crimes are studied, including the following topics: defenses, insanity, attempt, conspiracy, and aspects of the law of homicide and rape. The course also considers constitutional principles of criminal justice. Among the topics that may be studied are plea bargaining, aspects of trial, and due process. Laptops cannot be used in class, and regular class participation is required.

Criminal Law 6

Spring term, Block C
M,T,W 10:15 AM - 11:30 AM

Professor Lloyd Weinreb
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law, including criminal responsibility; the significance of act, intent, causation, and result; justification and excuse; and the rationale of punishment. Doctrinal principles having to do with insanity, other defenses, attempts, and conspiracy are studied, as well as the law of homicide, theft, and rape. So far as time permits, the course will include a general overview of the criminal process. Professor Weinreb will use Weinreb, Criminal Law (7th ed.).

Criminal Law 7

Spring term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor William J. Stuntz
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law, including criminal responsibility, the significance of act, intent, causation and result, justification and excuse, and the rationale of punishment. General doctrinal principles of the criminal law and illustrative crimes are studied, usually including the following topics: defenses, insanity, attempts, conspiracy, and aspects of the law of homicide and rape. The course considers also constitutional principles of criminal justice. Among the topics that may be studied are search and seizure, the privilege against compulsory self-incrimination, the right to counsel, plea-bargaining, aspects of trial, and sentencing.

Criminal Law/Police Practices. Fourth, Fifth, and Sixth Amendments

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Lloyd Weinreb
3 classroom credits LAW-34175A

This course considers the principal doctrines of the Fourth, Fifth, and Sixth Amendments affecting criminal investigation. Topics include search and seizure, stop and frisk, electronic surveillance, lineups, police questioning (the privilege against self-incrimination), and the right to counsel. Some attention will be given to the actual conduct of police investigation, aside from constitutional considerations. (Students who took the first-year course on Criminal Law in 2006-07 or earlier or who took Professor Weinreb's course on Criminal Law in the fall semester 2007 should not elect this course.) Weinreb, Leading Constitutional Cases on Criminal Justice (2008 ed.)

Criminal Procedure: Investigation

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Clinical Professor Ronald Sullivan
3 classroom credits LAW-34175A

This course studies Fourth, Fifth, and Sixth Amendment constitutional restraints on the activities of law enforcement officers during the investigatory stage of the criminal process. Special attention will be paid to how the Supreme Court has attempted to resolve the tension between individual rights and law enforcement or crime control needs. The course will cover: investigative detention, arrest, police interrogation, searches and seizures, right to counsel, and eyewitness identification. The right to a jury may also be covered. This course is duplicative of material covered in 1L Criminal Law courses taken by those who will be 3Ls in 2008-2009. This course is therefore open only to students who will be 2Ls in 2008-2009.

Criminal Regulation of Vice: Reading Group

Fall term, Block L
W 5:00 PM - 7:00 PM

Assistant Professor Jeannie Suk
1 classroom credit LAW-31215A

Sex, prostitution, pornography, drug use, gambling. All are regulated by criminal law. We will focus on the special category of crimes that have traditionally been viewed as "victimless" and prosecuted primarily for the purpose of enforcing morality. We will explore the legal and theoretical dimensions of criminal vice regulation, including debates about morality and harm, and ramifications of prohibition and enforcement.

Critical Perspectives on the Law: Issues of Race, Gender, Class and Social Change: Reading Group

Fall term, Block M
T 7:00 PM - 9:00 PM

Professor Lani Guinier and Visiting Professor Tomiko Brown-Nagin
1 classroom credit LAW-34237A

This reading group will explore relationships among law, inequality, and social change. We will focus on inequalities of race, class, and gender in areas such as education, politics, housing, employment, and the criminal justice system. The group will consider how various legal doctrines, theories, and models of advocacy advance particular types of social reform. We will explore the categories of discrimination and equality that the law recognizes and includes, and those that it rejects and excludes. We will examine the concepts of formal and individualistic, versus substantive and structural equality, descriptive versus substantive representation, procedural versus substantive justice. Ultimately, we will explore whether and how legal and political strategies could facilitate more functional and substantive forms of equality. Readings in law, history, political science, and critical theory will serve as points of departure for our brainstorming.

Class will meet the equivalent of every other week for two hours. There will be no paper or exam and class will be graded pass/fail.

Critical Race Theory: Reading Group

Fall term, Block E
T 1:00 PM - 3:00 PM

Professor Kenneth Mack
1 classroom credit LAW-34235A

This course will consider one of the newest intellectual currents within American Legal Theory -- Critical Race Theory. Emerging during the 1980s, critical race scholars made many controversial claims about law and legal education -- among them that race and racial inequality suffused American law and society, that structural racial subordination remained endemic, and that both liberal and critical legal theories marginalized the voices of racial minorities. Course readings will be taken from both classic works of Critical Race Theory and newer interventions in the field, as well as scholarship criticizing or otherwise engaging with Critical Race Theory from outside or at the margins of the field.

Current Legal Scholarship: Reading Group

Spring term
F 3:00 PM - 5:00 PM

Professor Daryl Levinson
1 classroom credit LAW-34275A

By-permission reading group.

CyberOne: Law in the Court of Public Opinion

Fall term, Block C
M,T 10:15 AM - 11:45 AM

Professor Charles R. Nesson
3 classroom credits LAW-37271A
2, 3, or 4 optional clinical credits Fall or Spring; or 2 Winter

This year's Cyberone will begin with empathic argument and programming from scratch, then segue immediately to projects. Projects will include furthering work already ongoing, as well as new inspirations expressing our growing ability to use the tools of cyberspace to connect ourselves in creativity and peace. Pending approval by appropriate committees, independent credit may be arranged.

To participate in the optional clinical, students must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Death Penalty: Jurisprudential Controversies and Challenges Arising from the Practice of Capital Punishment in America

Spring term, Block L
T,W 5:00 PM - 6:30 PM

Visiting Associate Professor Daniel R. Williams
3 classroom credits LAW-34155A
Optional clinical credits LAW-34155C (2 Winter + 2 or 3 Spring)

This course investigates the complex jurisprudence of capital punishment in the United States, with heavy emphasis on the constitutional challenges, limits and premises to using the death penalty as a criminal justice tool (including issues of federalism), and some emphasis on the litigation challenges confronting death-penalty lawyers (including issues surrounding death-row incarceration). The course will explore, among other things, the following doctrinal issues: the meaning of "cruel and unusual punishment"; the procedural mechanisms for deciding who lives and who dies, especially the role of aggravating and mitigating factors in guiding the jury's decision; the challenges to the arbitrary and racially discriminatory application of the death penalty; the categorical ban against capital punishment for juvenile offenders and persons with mental retardation; the limits on the exclusion and inclusion of jurors in capital trials; the legal challenges to lethal injection; and the scope of federal habeas review of death sentences. Philosophical, cultural, and historical issues will figure prominently in the readings and class discussions alongside the jurisprudential and litigation considerations anchoring the course.

Up to 12 students may participate in the clinical component, which will require clinical work in the Winter and Spring semesters. Clinical grading is pass/fail. Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Democratic Theory and the Law

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Visiting Professors Corey Brettschneider and David Estlund
3 classroom credits LAW-34301A

This course will examine contemporary and historical work in the area of democratic political and legal theory. Topics include the relationship between democracy and individual rights, deliberative vs. aggregative conceptions of democracy, the epistemic dimensions of courts and juries, the substance/procedure controversy, and the role of judicial review in a democracy. We will focus throughout the course on the particular problem judicial review is often thought to pose for democratic self-governance. Namely, the United States Constitution is generally viewed as creating a framework for democratic governance. Yet the practice of judicial review allows an elite, The Supreme Court, to override legislation legitimated through a majoritarian process. This practice, some have argued, is in fundamental tension with the commitment to democratic self rule and has given rise to what legal theorist Alexander Bickel has called "the counter-majoritarian" difficulty. We will examine the seminal jurisprudential accounts that have attempted to answer this difficulty as well as relevant cases. We will attempt to develop both a sophisticated understanding of the problem of judicial review in a democracy, a critical appreciation for the dominant attempts in the literature to resolve the problem, especially the perspectives of originalist fidelity theory, process theory, epistemic democratic theory, and the substantive approach to democracy.

Disability Law

Spring term, Block E
M 1:00 PM - 3:00 PM

Professor Martha Field and Visiting Professor Michael Stein
2 classroom credits LAW-34600A

This course is a general introduction to United States legal protections for people with disabilities, focusing primarily but not exclusively on the Americans with Disabilities Act. We will consider application of U.S. statutes and case law 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. We will also consider the merits of alternative responses.

A third credit is available for students who choose to write a paper in conjunction with the course.

Blanck, Hill, Siegal, & Waterstone, Disability Civil Rights Law and Policy: Thomson/West Publishers (2005).

Dispute Systems Design: Seminar

Fall term, Block J
W 5:00 PM - 7:00 PM

Assistant Clinical Professor Robert C. Bordone
2 classroom credits LAW-92792A Fall
2, 3, or 4 optional clinical credits LAW-92792C Fall

Implicitly or explicitly, every institution and organization has a system for managing disputes. In some cases, the system may be formal, with administrative hearings, courts, tribunals, and complex appeal and review processes. In other cases, organizations may have few if any formal means for managing conflict. In these instances, conflicts may be managed through informal negotiation and mediation or by simply lumping it. As institutions and organizations become more aware of the ever-rising cost of conflict, many are seeking to design and implement systems to manage disputes with greater effectiveness and efficiency. Though lawyers have traditionally seen themselves primarily as advocates who resolve already-ripened disputes through litigation and negotiation, this explosion of interest in more efficient and tailored approaches to conflict management has highlighted the importance of lawyers serving as creative "dispute process architects." This seminar will introduce students to the theory and promise of dispute systems design with an aim to train students to play this new and more creative professional role. After an overview of various dispute resolution processes and a thorough introduction to the basics of dispute systems design, the course will offer for critique several domestic and international case studies of dispute systems design in practice. These will include the 9/11 Compensation Fund, the United Nations Compensation Commission, and several institutional integrated conflict management systems in U.S. companies.

Negotiation Workshop is a pre-requisite. Alternatively, LLM students make seek permission of the instructor to be admitted.

Students who would like to participate in the optional clinical must enroll through clinical registration (only JD students are eligible for the fall clinical). Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Doctrine and Practice of the Inter-American Human Rights System (The)

Winter term

Clinical Professor James Cavallaro and Ms. Stephanie Brewer
3 classroom credits LAW-36680A

On-site course in San Jose, Costa Rica
The course will provide an overview and critique of the case law and practice of the Inter-American human rights system. The system, comprised of the Inter-American Commission on Human Rights (based in Washington) and the Inter-American Court (based on San Jose, Costa Rica), is part of the Organization of American States. While of relatively limited importance in North America, the Inter-American system plays an increasingly central role in the protection of fundamental rights in Latin America and the Caribbean. Over the past two decades, the Commission and, to a greater extent, the Court, have developed important jurisprudence in the area of human rights and have served to stimulate debate and to prompt progressive change in domestic legislation and state practice in the Americas.

The course will examine the principal decisions of the Commission and the Court, as well as their impact in country. We will also study approaches to litigation in the system and a range of critiques of the system and its constituent bodies. To do so most effectively, the course will be taught in San Jose, Costa Rica, the seat of the Court. All classes will be taught in English or translated. This location will facilitate the participation of guest speakers who will include practitioners before the Court, representatives of state delegations and one or more justices of the Court. In addition, in the final few sessions, students will observe one or more hearings before the Court.

Harvard Law School will provide funding to students admitted to the course for travel to and from and lodging in San Jose, Costa Rica during the period of the course. The course will be taught on Monday-Thursday mornings, January 5-22, 2009. Note that there will be a final exam January 26, 2009 using the new online exam software approved by HLS. Students will not need to remain in Costa Rica to take the exam, which may be completed online from any location.

Admission is BY PERMISSION OF INSTRUCTORS. Interested students should send a CV/resume, a one-paragraph statement of interest in the course and in the inter-American system of human rights protection, and a MAXIMUM 300-word description of their background, including their interest in human rights, relevant coursework or job experience, or any other details pertinent to their application, to James Cavallaro (cavallaro@law.harvard.edu) and Stephanie Brewer (sebrewer@law.harvard.edu). Applications are due on or before October 24, 2008.

Economic Analysis of Law

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Professor Steven M. Shavell
3 classroom credits LAW-35200A

What effects does law have? Do people drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of legal rules, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, labeled "economic," is widely considered to be intellectually compelling and to have revolutionized thinking about the law. This course will provide an in-depth analysis and synthesis of the economic approach to the analysis of the major building blocks of our legal system -- property law, tort law, contract law, criminal law, and the legal process. The course will also address welfare economic versus moral conceptions of the social good. The course is aimed at a general audience of students. No economic background is needed to take it.

Economic and Social Rights: Seminar

Fall term, Block I
T 5:00 PM - 7:00 PM

Visiting Professor Philip Alston
2 classroom credits LAW-93115A

Economic and social rights -- the rights to food, health, housing and education, and also labor rights -- are accorded full recognition in the Universal Declaration of Human Rights. They are also now recognized in many national constitutions, are increasingly subject to judicial implementation, and are a crucial element in current international human rights discourse. Nevertheless, they continue to be neglected by governments and other actors and accorded second-rate status in practice. The seminar will explore their philosophical foundations; the key legal issues that arise in relation to states' treaty obligations; the strengths and weaknesses of the principal international and regional monitoring bodies; and the extent to which these rights have been rendered justiciable by courts at the national and international levels. The issue of whether the international community has any sort of meaningful obligation to provide assistance in cases of gross denial of economic and social rights will be considered. The attitude of the United States to these rights and their status within the US legal system will also be examined.

Education Advocacy and Systemic Change: Children at Risk Clinical Workshop A

Fall term, Block L
Th 5:00 PM - 7:00 PM

Ms. Susan Cole and Mr. Michael Gregory
2 classroom credits LAW-35244A Fall
2, 3, or 4 required clinical credits LAW-35244C Fall


This workshop and clinic engages students in individual case advocacy and systemic change projects directed toward advancing the school success of children who have endured highly adverse childhood experiences. Cutting-edge research has found high rates of learning and behavior problems in children traumatized by domestic violence, abuse, and other overwhelming experiences; many enter the special education, school discipline, juvenile justice, social service, and mental health systems. Students will utilize the latest research from psychology, neurobiology, and education about the effects of trauma on learning and behavior. Students become experts on the Individuals with Disabilities Education Act (IDEA) and other laws to advocate for individual children and identify systemic problems in the educational system's response to at-risk children. Assessing and advancing systemic reform efforts to help schools create environments where all children can be successful, students have the opportunity to experience the challenges and rewards of interdisciplinary advocacy at the intersection of the fields of law, education, medicine, psychology, and public policy. The clinic is part of the Trauma and Learning Policy Initiative, a nationally recognized collaboration with Massachusetts Advocates for Children to address the long-neglected needs of vulnerable children.

The workshop associated with the clinic is organized around a series of hands-on, case-based simulations, which enable students to practice the advocacy skills they will use in their representation of actual clients in the clinic. These skills include: interviewing and counseling clients; reading and interpreting educational evaluations; preparing and interviewing expert witnesses; identifying substantive and procedural violations; formulating legal arguments and theories of the case; interacting and negotiating with opposing counsel.

Past students have made enormous differences in the lives of children by reversing school exclusions and obtaining needed supports for individual children at school. Student systemic work has included setting up a legislative briefing at the MA state house on the impact of trauma on learning; presentations to expert evaluators and to child welfare attorneys on the laws regarding special education; setting up a domestic violence outreach project at shelters across the state; and participating in a legislative campaign on children's mental health. There is no final examination for this course; students will prepare a "rounds" memo and presentation in which they lead a discussion with their colleagues based on one of their cases.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Education Advocacy and Systemic Change: Children at Risk Clinical Workshop B

Spring term, Block L
Th 5:00 PM - 7:00 PM

Ms. Susan Cole and Mr. Michael Gregory
2 classroom credits LAW-35244A Spring
2, 3, or 4 required clinical credits LAW-35244C Spring


This workshop and clinic engages students in individual case advocacy and systemic change projects directed toward advancing the school success of children who have endured highly adverse childhood experiences. Cutting-edge research has found high rates of learning and behavior problems in children traumatized by domestic violence, abuse, and other overwhelming experiences; many enter the special education, school discipline, juvenile justice, social service, and mental health systems. Students will utilize the latest research from psychology, neurobiology, and education about the effects of trauma on learning and behavior. Students become experts on the Individuals with Disabilities Education Act (IDEA) and other laws to advocate for individual children and identify systemic problems in the educational system's response to at-risk children. Assessing and advancing systemic reform efforts to help schools create environments where all children can be successful, students have the opportunity to experience the challenges and rewards of interdisciplinary advocacy at the intersection of the fields of law, education, medicine, psychology, and public policy. The clinic is part of the Trauma and Learning Policy Initiative, a nationally recognized collaboration with Massachusetts Advocates for Children to address the long-neglected needs of vulnerable children.

The workshop associated with the clinic is organized around a series of hands-on, case-based simulations, which enable students to practice the advocacy skills they will use in their representation of actual clients in the clinic. These skills include: interviewing and counseling clients; reading and interpreting educational evaluations; preparing and interviewing expert witnesses; identifying substantive and procedural violations; formulating legal arguments and theories of the case; interacting and negotiating with opposing counsel.

Past students have made enormous differences in the lives of children by reversing school exclusions and obtaining needed supports for individual children at school. Student systemic work has included setting up a legislative briefing at the MA state house on the impact of trauma on learning; presentations to expert evaluators and to child welfare attorneys on the laws regarding special education; setting up a domestic violence outreach project at shelters across the state; and participating in a legislative campaign on children's mental health. There is no final examination for this course; students will prepare a "rounds" memo and presentation in which they lead a discussion with their colleagues based on one of their cases.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Education Law and Policy: Seminar

Fall term, Block I
T 5:00 PM - 7:00 PM

Visiting Professor Tomiko Brown-Nagin
2 classroom credits LAW-93710A

This seminar considers law and policy pertaining to education, including elementary, secondary, and higher education. The goal of the seminar is to examine how educational systems, and the laws and policies associated with them, function as tools of socialization and social ordering, and how individuals and communities shape, and are shaped by these systems. In addition to constitutional and statutory law, course materials include readings in educational theory, history, sociology, and philosophy. The course addresses tensions between the values and goals of lawyers, judges, legislators, parents, students, and theorists, with a particular emphasis on questions of pedagogy, achievement, and equality. Topics include schools as sites of civic engagement and democractic experimentalism; school desegregation and school finance; school choice, including parochial education, charter schools, and for-profit educational management companies; schools targeting students based on sex, race, or sexual orientation; homeschooling; drug testing at school; "high-stakes" and standardized testing; the federal No Child Left Behind Act; and the movement toward a market-driven model of higher education.

Election Law and Administration: Reading Group

Fall term, Block L
Th 5:00 PM - 7:00 PM

Visiting Professor Daniel Tokaji
1 classroom credit LAW-35258A

This reading group will explore contemporary election law issues, focusing especially on the "nuts and bolts" of election administration. It will address constitutional and statutory issues surrounding such topics as voter identification, voter registration, and voting technology. We will also consider the regulation of campaign-related speech and how it is financed. Throughout the course, particular attention will be paid to the proper role of the federal courts with respect to the electoral process.

Students may not take this course and Practical and Theoretical Regulation of Voting offered by Assistant Professor Greiner because of the overlap.

Election Law: the Law of Democracy

Spring term, Block L
M,T 5:00 PM - 7:00 PM

Visiting Associate Professor Michael Kang
4 classroom credits LAW-35265A

This course seeks to understand the law of the democratic political process in the United States. The course examines the principles underlying the design of our political institutions and legal frameworks, as well as the practical implications of those choices, drawing on political science and developments in contemporary politics. The course covers a wide range of topics, including the right to vote, reapportionment and redistricting, partisan and racial gerrymandering, the Voting Rights Act, campaign finance, the role of political parties, direct democracy, and Bush v. Gore.

Empirical Analysis of Law: Seminar

Fall/Spring term, Block I
T 5:00 PM - 7:00 PM

Professor Elizabeth Warren and Visiting Professor Lynn LoPucki
4 classroom credits LAW-92825A
(2 credit Fall + 2 credits Spring)

Empirical analysis is now the fastest growing area of legal scholarship. This full-year seminar is designed to teach empirical methods for students interested in careers in law teaching or policy-making. Working alone on a smaller project, or as part of a team on a larger project, each student will plan, execute, and report on a law-related empirical study. For each project, the goal will be a publishable paper (posted at http://tinyurl.com/pub-papers) that contributes previously unknown findings to a policy debate. Familiarity with spreadsheet, database, or statistical software is helpful, but not required. Papers for this course can also be used to satisfy the 3L writing requirement. Admission to the class is by permission of the instructors. Preference will be given to students interested in family economic issues, commercial law, business or consumer bankruptcy, securities filings (available on EDGAR or Compustat), federal court case files (available through PACER). Some suggestions for projects are (posted at http://tinyurl.com/mastlist) on the seminar website. To express interest in this seminar, please send a short email to ewarren@law.harvard.edu and lopucki@law.ucla.edu with four pieces of data:

1. Why are you interested in this seminar?

2. In what general area or areas of law would you like to do your empirical study?

3. Do you have a specific project or a proposed data source in mind already? If so, please describe. (Note: not yet having a project or data source is NOT disqualifying.)

4. What are your long-term career interests (practice, public interest, policy-federal, policy-state, academics, other)?

Employment Civil Rights Clinical Workshop

Spring term, Block M
W 7:00 PM - 9:00 PM

Mr. Steve Churchill
2 classroom credits LAW-35312A Spring
2, 3, or 4 required clinical credits LAW-35312C Spring
2 optional clinical credits Winter


This workshop will examine employment civil rights, with a focus on the effective enforcement of the right to be free from discrimination based on protected characteristics such as race and sex. All students will have a clinical placement, either at the Employment Civil Rights Clinic of the WilmerHale Legal Services Center or at externships with private firms, advocacy groups, or government agencies (such as the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission). Subject to availability, there may be up to three placements extending over the Winter and Spring Terms with the Lawyers' Committee for Civil Rights Under Law in Washington, D.C., to be supervised by Michael Foreman, Deputy Director of Legal Programs and Director of the Employment Discrimination Project for the Lawyers' Committee. All placements will include exposure to some aspect of employment civil rights and will play an important role in bringing diverse perspectives to the workshop. In addition to surveying the relevant law, reviewing empirical information about the prevalence of civil rights violations, and evaluating current enforcement strategies, the workshop will require completion of an individual or group project. Projects could include some combination of empirical research, legal analysis, program evaluation, or other approaches to examining and improving the effectiveness of existing civil rights statutes, doctrine, and enforcement measures.

A spring or winter-spring clinical practice component is required of all students. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Employment Law A

Fall term, Block C
M,T,W 10:15 AM - 11:35 AM

Visiting Professor Cynthia Estlund
4 classroom credits LAW-35300A

This 4-credit course is about the law governing the employment relationship in the United States, primarily in the non-union private sector. After learning some history of that law through the New Deal, we will cover in some detail the evolution of the common law doctrine of employment at will and its exceptions, and of public policy and private rights as limitations on the employer's power to discharge and manage employees. We will also discuss some constitutional rights of public employees; the basics of employment discrimination law; some legal issues arising before and after employment such as employment references and covenants not to compete; and the law governing wages and hours. Throughout the course, we will be assessing competing models of contract, regulation, and litigation, and their impact on work life, labor markets, and the society at large.

This will be a laptop-free class. There will, however, be a notetaking system that will be explained and set up at the beginning of classes.

Employment Law B

Spring term, Block G
M,T,W 3:15 PM - 4:35 PM

Visiting Professor Gillian Lester
4 classroom credits LAW-35300A

The course will cover the legal principles governing the employer-employee relationship as they are found in the common law, in federal and state constitutions, statutes, and administrative regulations. Labor law and employment discrimination law will be touched on but not explored in depth. Rather, the course will focus on employee and employer rights under contract, tort and constitutional law principles, as well as under regulatory schemes such as the Fair Labor Standards Act (and analogous state laws), workers compensation laws, and worker health and safety laws. First year students may take this course, but Contracts is a prerequisite.

Employment Law Clinical Workshop

Fall term, Block M
W 7:00 PM - 9:00 PM

Mr. Steve Churchill
2 classroom credits LAW-35315A Fall
2, 3, or 4 required clinical credits LAW-35315C Fall


This course will examine practical lawyering skills in the context of employment law. After a brief overview of relevant doctrine and procedure, the course will address -- through readings, lectures, and exercises -- skills related to legal writing, oral advocacy, case development and discovery, depositions, negotiations, counseling, and ethics. The course will follow the progress of a typical civil rights lawsuit involving a terminated employee. For example, one class session will require students to engage in a mock deposition of an opposing witness in a hypothetical sex discrimination case, and the next class will require students to engage in a negotation in the same case. A more general goal of the course is to develop the ability (1) to identify what skills make a lawyer effective (beyond legal reasoning skills) and (2) to implement strategies for independently identifying and improving those critical skills. Because this goal is advanced by exposure to actual lawyering, all students will have a clinical placement, either at the Employment Civil Rights Clinic of the WilmerHale Legal Services Center or at externships with private firms, advocacy groups, or government agencies (such as the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission). The workshop will require completion of an individual or group project that will connect clinical placements with course topics.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Energy Law

Spring term, Block H
M 5:00 PM - 7:00 PM

Visiting Professor Jim Rossi
2 classroom credits LAW-35620A
2, 3, or 4 optional clinical credits LAW-35620C Spring

This course will examine the legal, regulatory and market oversight of the energy sector, with an emphasis on contemporary legal and policy debates about energy sources, use, and transmission. Topics addressed will include regulation of the supply of energy, including siting of generation and transmission infrastructure; the regulation of demand and use behavior; regulatory reform in electricity and gas; sustainability and challenges presented by new energy sources such as renewable power; energy and climate change; other issues presented by major environmental regulations that apply to the energy sector; and energy and national security. Most of the course will focus on the operation of law and policy, both within and across state and federal regulatory contexts, but attention will also be given to major theories of market failure as well as theories from political economy that explain when, why, and how governmental bodies regulate energy systems.

Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are with the Environmental Law and Policy Clinic. Environmental Law, Administrative Law, or Legislation and Regulation are co- or pre-requisites for this clinical. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Entertainment Law

Spring term, Block H
M 5:00 PM - 7:00 PM

Professor Bruce Hay
2 classroom credits LAW-35640A

This course explores the law's treatment of a series of issues presented by the modern entertainment industry, including the representation 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 a term paper and class participation. A third writing credit is available.

Environmental Law and Policy

Spring term, Block C
W 10:15 AM - 12:15 PM

Visiting Professor Robert Percival
2 classroom credits LAW-35500A
2, 3, or 4 optional clinical credits LAW-35500C Fall or Spring

This course explores the interaction between environmental policy and environmental law. A main goal will be to provide a sense of the possible approaches to environmental problems -- approaches that cut across numerous domains. Special attention will be given to air pollution; climate change; the role and limits of cost-benefit analysis; the precautionary principle; information disclosure as a regulatory tool; and novel and emerging approaches to environmental conflicts. The resolution of environmental problems through private litigation, federal regulation, economic incentive systems, and judicial review of administrative decisions is examined.

Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are with the Environmental Law and Policy Clinic. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Environmental Law and the Supreme Court

Spring term, Block I
T 5:00 PM - 7:00 PM

Visiting Professor Richard Lazarus
2 classroom credits LAW-93024A
2, 3, or 4 optional clinical credits LAW-93024C Spring

This seminar will explore the role of the United States Supreme Court in the shaping of the nation's environmental and natural resources laws. Students will review and discuss some of the most significant Supreme Court rulings and Justices, beginning with the nation's early years and extending to current times and issues now before the Court. The seminar will also examine the role of advocacy before the Court in environmental cases. Readings will include legal scholarship on the Court's environmental law precedent, the Court's opinions, and in-depth examination of the briefs and oral arguments in significant environmental law Supreme Court cases. If there are any pending environmental law cases before the Court at the time of the seminar, those cases will invariably become a major focal point of study and discussion.

Students may participate in the optional Spring clinical by enrolling through clinical registration. Clinical placements are with the Environmental Law and Policy Clinic. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Environmental Law Practice: Skills, Methods, and Controversies: Seminar

Spring term, Block J
W 5:00 PM - 7:00 PM

Clinical Professor Wendy Jacobs
2 classroom credits LAW-93025A Spring
2, 3, or 4 optional clinical credits LAW-93025C Fall or Spring

This seminar will focus on the actual practice of environmental law, introducing students to the practical skills necessary to effectively handle a variety of environmental cases and issues in and out of the courtroom. Students will gain an understanding of some of the statutes and rules applicable in environmental cases; an appreciation for the professional roles, values and ethics involved in the practice of environmental law; and an opportunity to develop practical lawyering skills and practice analytical techniques for the resolution of contemporary environmental challenges and problems. These skills will translate to other areas of legal practice, especially those that involve complicated regulatory schemes and transactional work.

The seminar is hands-on and group oriented. Most classes will involve discussions and exercises including analyses of scientific reports and laboratory data; analysis, negotiation, and drafting of contracts; review of corporate reporting of environmental issues; drafting model rules; and interviewing clients and experts. Because the practice of environmental law is multi-disciplinary, students will work on the skills needed to hire, manage, work with, and resolve conflicts among scientists, engineers, economists, policy makers, business leaders, and other non-lawyers whose expertise is critical to legal cases and projects. Throughout the course, we will work on real and hypothetical matters. We will also hear from guest speakers who are leading experts in environmental law, policy, and economics. Each student will be responsible for leading class discussion at least once during the semester. In addition, students will be required to submit short weekly response papers on the readings, exercises, and class presentations. There is no final examination or paper for this course. Class evaluation will be based on the response papers and on preparation for and participation in class exercises and discussions.

Pre-requisite or co-requisite: Administrative Law, Environmental Law, or Legislation and Regulation.

This seminar will offer an optional clinical component in which students will be able to work on environmental cases/projects either at an offsite placement or within the Environmental Law & Policy Clinic (ELPC) itself. Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Environmental Law: Advanced

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Visiting Professor Richard Lazarus
3 classroom credits LAW-35550A
2, 3, or 4 optional clinical credits LAW-35550C Fall

This course complements the general survey course in environmental law which is not a formal prerequisite to taking this class. The primary contrast between an advanced and survey courses lies in their relative breadth and depth of coverage. The survey course can perhaps be best described as a series of broad, shallow dives into the substance of federal environmental law. The advanced environmental law course is a series, far fewer in number, of much narrower and deeper dives into the same material. The basic objective of the course is to teach students how to navigate and think about an exceedingly complex regime of statutes, regulations, informal agency practices, in the context of addressing a concrete issue. Theory and practice are combined in an as-applied setting. The issues will all relate to issues of contemporary importance. Topics more closely identified with natural resources law rather than federal environmental law may also be covered.

Advanced Environmental Law might alternatively be described as "Applied Environmental Law." Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are with the Environmental Law and Policy Clinic. Environmental Law, Administrative Law, or Legislation and Regulation are co- or pre-requisites for this clinical. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Ethics, Economics and Law: Seminar

Fall term, Block H
M 5:00 PM - 7:00 PM

Professor Michael Sandel (Faculty of Arts and Sciences)
2 classroom credits LAW-93375A

Explores controversies about the use of markets and market reasoning in areas such as organ sales, procreation, environmental regulation, immigration policy, military service, voting, health care, education, and criminal justice. The seminar will examine arguments for and against cost-benefit analysis, the monetary valuation of life and the risk of death, and the use of economic reasoning in public policy and law.

European Human Rights Law: Seminar

Fall term, Block N
F 3:00 PM - 5:00 PM

Visiting Professor Grainne de Burca
2 classroom credits LAW-93036A

This seminar aims to introduce participants to the field of European human rights law by focusing on two separate but increasingly overlapping systems of human rights protection in Europe. The first is the European Convention on Human Rights (ECHR) system, which is the supposed jewel-in-the-crown of the Council of Europe system. The second is the European Union's emergent system of human rights protection and promotion. The first part of the course will focus on the ECHR system, on its strengths and weaknesses, and the challenges currently facing it. Particular attention will be given to the role and jurisprudence of the European Court of Human Rights, focusing upon a number of selected topics such as anti-discrimination law, and human rights and anti-terrorism. The second part will examine the development of the newer human rights regime within the EU, its relationship with the ECHR system, and its implications for human rights protection in Europe more generally. The basic framework and functioning of each of the two systems will be discussed and compared, and the interaction between them considered, drawing on topics such as their treatment of Turkey, and of challenges brought against the UN Security Council.

European Union Law

Fall term, Block D
Th,F 10:30 AM - 12:00 PM

Visiting Professor Grainne de Burca
3 classroom credits LAW-35800A

This course provides an introduction to the law of the European Union, examining the evolution and development of this dynamic experiment in transnational legal, political and economic integration. The institutional structure, growth and expansion of the EU will be examined through the ongoing development of its legal order through judicial and political practice, as well as through period Treaty change and attempts at constitution-making. The topics examined will include the division of powers amongst the EU institutions and between the EU and its Member States, as well as the major doctrinal developments of the European Court of Justice in the fields of constitutional and administrative law, and in a number of key areas such as the shaping of the internal market and the development of European citizenship

Evidence A1

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Visiting Professor Frederick Schauer
3 classroom credits LAW-36000A

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 A2

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Assistant Clinical Professor Alex Whiting
3 classroom credit LAW-36000A

This course will examine the rules of evidence, focusing on the Federal Rules of Evidence but also select state counterparts. We will cover relevance, hearsay and exceptions, exclusion, confrontation, direct and cross examination, character evidence, competence, impeachment, rehabilitation, opinion evidence, scientific proof, privileges, authentication, presumptions, demonstrative evidence and judicial notice. We will consider the rules, how they function in practice, their rationales, and their wisdom. 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 B1

Spring term, Block F
W,Th 1:00 PM - 2:30 PM

Professor Scott Brewer
3 classroom credits LAW-36000A

This course examines basic rules and principles of evidence law. It focuses on American federal law (the Federal Rules of Evidence and cases interpreting them) but also covers select state rules and cases. Topics covered include: presumptions and standards of proof and persuasion, judicial notice, relevance, privileges, authentication and best evidence rules, hearsay, lay, expert, and scientific expert evidence, examination and impeachment of witnesses, character and propensity evidence, and some of the constitutional questions that arise in connection with evidence. During the semester the course will examine some of the philosophical assumptions and methods on which judges and legislators rely when they adopt and apply rules of evidence. Because rules of evidence attempt to enable judges and jurors to form justified beliefs about guilt, innocence, and liability, understanding some of those philosophical assumptions and methods is very helpful for mastering the doctrines of evidence law. 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 (there are other ways to do this as well).

Evidence B2

Spring term, Block B
W,Th 8:20 AM - 9:50 AM

Professor Bruce Hay
3 classroom credits LAW-36000A

This course examines the law and policy governing the presentation of proof in American trials. The main focus of the course is the Federal Rules of Evidence and related case law, with some attention to federal constitutional doctrines affecting criminal trials. There will be a take-home exam, with the option to write a paper instead. Please note: this is a participation-intensive course, and attendance is a requirement. Repeated absence will result in substantial grade penalties or denial of course credit.

Evidence C

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Professor Charles R. Nesson
3 classroom credits LAW-36000A

Nesson's Winter Evidence explores the nature of truth, proof and the burden of persuasion through study of poker and the American jury trial. We explore perception, memory, credibility, clarity, relevance, prejudice, hearsay, confrontation and privilege. Focus is on principles and process of rhetorical storytelling instantiated in a judicial machine. This machine is our trial system, built of legal practice articulated in code and action, run by fallible beings each with a role to play, its output Justice. Expect multimedia, group activity and personal engagement.

Executive Branch Design: Reading Group

Spring term, Block L
W 5:00 PM - 7:00 PM

Visiting Professor Jacob Gersen
1 classroom credit LAW-41485A

This reading group will explore selected topics concerning institutional design of the executive branch. Topics covered will include hierarchical control, signing statements, inherent executive authority, executive immunities, civil service, executive statutory interpretation, spending powers, and presidential transitions. Additional or alternative topics may be added depending on student interest.

Faculty Leader Meeting 1

Fall term, Block L
T 5:00 PM - 7:00 PM

Faculty Leader Meeting 2

Fall term, Block L
W 5:00 PM - 7:00 PM

Faculty Leader Meeting 2

Spring term, Block L
Th 5:00 PM - 6:00 PM

Faculty Leader Meeting 3

Fall term, Block N
F 2:30 PM - 4:00 PM

Faculty Leader Meeting 4

Fall term, Block L
W 5:00 PM - 7:00 PM

Faculty Leader Meeting 4

Spring term, Block L
W 5:00 PM - 7:00 PM

Faculty Leader Meeting 5

Fall term, Block G
W 3:00 PM - 4:30 PM

Faculty Leader Meeting 6

Fall term, Block L
W 5:00 PM - 7:00 PM

Faculty Leader Meeting 7

Fall term, Block D
F 10:00 AM - 12:00 PM

Families and Children: Law and Policy Clinical Workshop A

Fall term, Block L
T 5:00 PM - 7:00 PM

Mr. Robert Greenwald
2 classroom credits LAW-36515A Fall
2, 3 or 4 required clinical credits LAW-36515C Fall

The Families and Children: Law and Policy Clinical Workshop provides students, who are enrolled in the Legal Services Center's Family, Family Mediation/Pro Se, Domestic Violence, or Lesbian, Gay, Bisexual and Transgender Law Clinics, with the practical skills and substantive knowledge necessary to effectively advocate for a diverse range of family law clients in and out of the courtroom. Objectives of the course include: understanding the statutes and rules applicable in family law cases; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; developing practical lawyering skills; and analyzing and proposing advocacy approaches to contemporary family law issues. The course emphasizes the family law and policy needs of underrepresented populations, including low-income survivors of domestic violence and lesbian, gay, bisexual and transgender individuals.

The workshop is hands-on and group oriented and most classes involve both small and large-group exercises and discussions. Throughout the course, we work on a hypothetical case from the initial client interview through the final disposition of the case. Students conduct in-depth interviews with the "client", write the necessary memoranda in her case, prepare a case and client theory, draft and file pleadings in her case, argue and defend against motions, conduct and respond to discovery, counsel her as the facts of her case evolve, engage in settlement negotiations on her behalf, and reflect on ethical issues encountered during the course of representation. In addition, students will prepare a memorandum and conduct a presentation on one of their ongoing active cases at the Legal Services Center and will lead class discussion on the case. There is no final examination or paper for this course. Students will be evaluated based on their preparation for and participation in class exercises and discussions.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center (for more information on the clinical work, contact Robert Greenwald rgreenwa@law.harvard.edu or 617-390-2584). Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Families and Children: Law and Policy Clinical Workshop B

Spring term, Block L
T 5:00 PM - 7:00 PM

Mr. Robert Greenwald
2 classroom credits LAW-36515A Spring
2, 3 or 4 required clinical credits LAW-36515C Spring

The Families and Children: Law and Policy Clinical Workshop provides students, who are enrolled in the Legal Services Center's Family, Family Mediation/Pro Se, Domestic Violence, or Lesbian, Gay, Bisexual and Transgender Law Clinics, with the practical skills and substantive knowledge necessary to effectively advocate for a diverse range of family law clients in and out of the courtroom. Objectives of the course include: understanding the statutes and rules applicable in family law cases; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; developing practical lawyering skills; and analyzing and proposing advocacy approaches to contemporary family law issues. The course emphasizes the family law and policy needs of underrepresented populations, including low-income survivors of domestic violence and lesbian, gay, bisexual and transgender individuals.

The workshop is hands-on and group oriented and most classes involve both small and large-group exercises and discussions. Throughout the course, we work on a hypothetical case from the initial client interview through the final disposition of the case. Students conduct in-depth interviews with the "client", write the necessary memoranda in her case, prepare a case and client theory, draft and file pleadings in her case, argue and defend against motions, conduct and respond to discovery, counsel her as the facts of her case evolve, engage in settlement negotiations on her behalf, and reflect on ethical issues encountered during the course of representation. In addition, students will prepare a memorandum and conduct a presentation on one of their ongoing active cases at the Legal Services Center and will lead class discussion on the case. There is no final examination or paper for this course. Students will be evaluated based on their preparation for and participation in class exercises and discussions.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center (for more information on the clinical work, contact Robert Greenwald rgreenwa@law.harvard.edu or 617-390-2584). Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Family Law

Spring term, Block E
M,T 1:00 PM - 3:00 PM

Assistant Professor Jeannie Suk
4 classroom credits LAW-36600A Spring

How does the state regulate what many people consider to be the most intimate and personal matters and relationships? The focus of this basic course is on how the state exerts its interest in the family, and how individuals construct their family relationships in relation to the state. The heart of the course is constitutional rights in family law, including the right to marry, the right to privacy in sex, reproduction, and childrearing, and the problem of equality. The course offers a broad introduction to the law of marriage and its alternatives, divorce, child custody, property division, alimony, child support, and parenthood. Laptops cannot be used in class, and regular class participation is required.

Federal Courts and the Federal System A

Fall term, Block F
W,Th 1:00 PM - 3:00 PM

Visiting Professor Daniel Tokaji
4 classroom credits LAW-36900A

This course studies the role of the federal courts in the operation of the federal system. It is organized around three main themes: separation of powers, federalism, and enforcement of federal rights. The specific topics covered include justiciability, congressional control of the federal courts, sovereign immunity, abstention, Supreme Court review of state court decisions, litigation under 42 U.S.C. Section 1983, judicially created rights of action, and federal habeas corpus. Special attention will be given to the role of the federal judiciary in enforcing constitutional and civil rights. The course is open to those who have taken or are concurrently taking Constitutional Law.

Federal Courts and the Federal System B1

Spring term, Block C
M,T,W 10:15 AM - 11:55 AM

Professor Richard Fallon
5 classroom credits LAW-36900A

This course is a study of the federal courts in the operation of the federal system. It is an advanced course in public law, judicial administration, and constitutional and civil rights litigation and will assume a knowledge of substantive constitutional law. Topics include the case or controversy requirement; the power of Congress to regulate the jurisdiction of the Supreme Court and the lower federal courts; federal question jurisdiction; doctrines of sovereign and official immunity; federal common law; Supreme Court review of state court judgments; abstention; and federal habeas corpus. Constitutional Law: Separation of Powers, Federalism and Fourteenth Amendment is a prerequisite. The casebook is Richard H. Fallon, Jr., Daniel J. Meltzer, & David L. Shapiro, Hart & Wechsler's The Federal Courts and the Federal System (5th ed. 2003), along with its 2008 Supplement.

Federal Courts and the Federal System B2

Spring term, Block F
W,Th,F 1:00 PM - 2:40 PM

Professor Martha Field
5 classroom credits LAW-36900A

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: Separation of Powers, Federalism and Fourteenth Amendment. Text: Low and Jeffries, Federal Courts and Federal-State Relations, 6th edition, and the most recent Supplement.

Federal Courts and the Federal System B3

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Professor John Manning
4 classroom credits LAW-36900A

This course studies the role of the federal courts in the federal system. The course will cover the following topics: the case or controversy requirement and justiciability, congressional authority to regulate the jurisdiction of the federal courts, federal habeas corpus, federal common law, and sovereign immunity. A prerequisite for this course is either Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment or Constitutional Law (the basic course offered prior to 2007-2008).

Federal Litigation: Civil

Spring term, Block A
M,T 8:30 AM - 10:00 AM

Professor David Rosenberg
3 classroom credits LAW-37110A

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.

Financial Accounting

Spring term, Block X/K
Th 3:00 PM - 6:00 PM

Visiting Professor Roman Weil
2 classroom credits LAW-37215A

This course will meet most Thursdays between 5-Feb and 30-Apr. Check the syllabus, which I will post on the course website, for the course calendar. The course will end no later than 30-Apr. Lawyers need to understand accounting for three different reasons: to write contracts that correctly use accounting jargon, not inadvertently inserting a meaning different from that your client intended; to understand the negotiations that take place in business transactions (primarily mergers and acquisitions) surrounding financial statements; to understand the discovery process of accounting documents and their meaning in litigation. I'm not a lawyer, but I have worked with lawyers, mostly in my role as expert witness, for 35 years, so I bring to this course the perspective of someone who has seen lawyers succeed and fail in their forays into accounting. I think I know what you need to know to succeed in practice with accounting issues. I can't teach all that in a 2-unit course, but I think I know how to set you on the right path. The course deals with the analysis and communication of economic events through the accounting process. The first several classes deal with the basics--concepts and the cycle of accounting operations that lead to the financial statements. Next follows an analysis of the accounting for specific major components of financial statements: inventories, long-term assets, including intangibles, long-term obligations, off-balance sheet financing, and sources of funds. I use, throughout, cases which illustrate concepts I'm teaching. I will put at least some of these cases on the course web site, as soon as I have one for displaying them and other course-related information. The first two announced (and any surprise quizzes) will count at most 40 percent of the total score for the course; the final examination will count 60 or 100 percent of the total score. Your midterm scores will not count if you do better on the final examination than on the midterms. You may infer from the preceding that your entire course grade derives entirely from examinations, with no grade credit awarded for class participation nor for working homework exercises.

The textbook is Financial Accounting: An Introduction to Concepts, Methods, and Uses, 13th ed. by Stickney, Weil, Schipper, and Francis. Students can purchase the Solutions Manual for the text. I will post past mid-term and final examinations, which yours will resemble, on the class web site on ICommons. Review Sessions: Students should expect that I shall not work many of the assigned problems in class. Instead, students can attend the regular review/problem sessions to ask questions about the problems. The review sessions will meet many but not all Tuesdays during the spring term. These review sessions are voluntary. Experience suggests that about one-third of the class will come except before exams, when attendance will jump to about two-thirds of the class.

The course has no prerequisites. Students who have taken Professor Bala Dharan's LAW-20001A in Fall 2008 may not take this course for credit.

Financial Statement Analysis: Getting Behind the Numbers

Spring term, Block L
M 5:00 PM - 7:00 PM

Visiting Professor Bala Dharan
1 classroom credit LAW-37221A

This 1-module spring course is designed to enhance the financial acumen and financial statement analysis skills of law students. The tools of financial statement analysis (FSA) are widely used in valuation analysis for performance analysis, investments analysis, and mergers and acquisitions decisions, and also in analyzing financial data in commercial disputes. We will start with a review of corporate financial statements and disclosures. Students will then learn the use of financial ratios for measuring financial risks and returns, and learn the use of current accounting tools, including accruals, to identify red flags of financial distress or earnings manipulations. We will also learn to analyze disclosures of structured transactions, and applications to current litigation issues such as the credit crisis. The course will be relevant for students in the Law and Business program of study, and to others who wish to prepare for careers in capital markets, corporate transactions, securities litigation, mergers and acquisitions, and other
This course only meets the first half of the term.

First-Year Legal Research and Writing Program (LRW) 1A

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 1A

Spring term, Block A
M 8:00 AM - 10:00 AM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 1B

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 1B

Spring term, Block A
T 8:00 AM - 10:00 AM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 2A

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 2A

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 2B

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 2B

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 3A

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 3A

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 3B

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 3B

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 4A

Fall term, Block F
Th 1:00 PM - 3:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 4A

Spring term, Block A
M 8:00 AM - 10:00 AM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 4B

Fall term, Block F
F 1:00 PM - 3:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 4B

Spring term, Block A
T 8:00 AM - 10:00 AM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 5A

Fall term, Block G
M 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 5A

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 5B

Fall term, Block G
T 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 5B

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 6A

Fall term, Block G
M 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 6A

Spring term, Block L
M 5:00 PM - 7:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 6B

Fall term, Block G
T 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 6B

Spring term, Block L
T 5:00 PM - 7:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 7A

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 7A

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 7B

Fall term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

First-Year Legal Research and Writing Program (LRW) 7B

Spring term, Block X
Th 3:00 PM - 5:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing both print and electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two. The course meets once a week for two hours or in one-on-one conferences. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by fourteen Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

Food and Drug Law

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Mr. Peter Barton Hutt
3 classroom credits LAW-37300A

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 protecting against unsafe or mislabeled food, controlling carcinogens, expediting approval of AIDS and cancer drugs, assuring the safety of prescription drugs before and after marketing, importing drugs from abroad, switching drugs from prescription to nonprescription status, balancing the benefits and risks of breast implants, compassionate use of experimental products, regulating complex new medical device technology, 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 fifty-five students. Fifty will be enrolled through the Pre-Registration General Lottery. The remaining five 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 e-mail the instructor at phutt@cov.com.

Text: Hutt, Merrill, and Grossman, Food and Drug Law (3d ed. 2007) and Statutory Suppement (2007).

Future of Family: Adoption, Reproduction and Child Welfare: Seminar

Spring term, Block H
M 5:00 PM - 7:00 PM

Professor Elizabeth Bartholet
2 classroom credits LAW-93971A

This seminar is for students interested in writing a research paper on any issue related to the above range of topics, as well as for students interested in doing papers on ideas explored in connection with any Child Advocacy Program (CAP) course (Child, Family & State, The Art of Social Change, CAP Clinic). Initial class sessions will focus on research and writing issues, and later sessions will focus on student work. Students will receive extensive guidance and feedback on their writing.

Students are encouraged to meet with the Professor prior to the start of the Spring term to discuss potential paper topics. Possible issue areas include but are not limited to: parenting and procreation; child abuse and neglect; family preservation policy; high-tech infertility treatment; the commercialization of reproduction (sale of eggs, sperm, embryos and pregnancy services); non-traditional family forms (single parenting, gay/lesbian parenting, same-sex unions and marriage, transracial and international adoption); and fetal abuse, sex selection, cloning, stem cell research and the new eugenics options.

Requirements include: regular attendance, active participation, presentation of own work, feedback on others' work, and a research paper. Students are encouraged to write a substantial paper for an additional credit; this can be used to satisfy the School's Written Work Requirement.

This seminar is part of the Child Advocacy Program (CAP), whose other courses are: Child, Family, and State, the Art of Social Change, and the Child Advocacy Clinic. Students participating in this seminar will get a preference for admission to the Winter-Spring and Spring versions of the Child Advocacy Clinic and related fieldwork placements. Enrollment in all CAP courses is encouraged but not required. This seminar is by permission of the instuctor. Please contact Professor Bartholet at ebarthol@law.harvard.edu if you are interested in enrolling.

Future of the Large Law Firm (The): Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Professor David Wilkins
2 classroom credits LAW-93940A

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 Clinical Workshop

Fall term, Block G
M 3:30 PM - 4:45 PM

Ms. Diane Rosenfeld
1 classroom credit LAW-37634A

This clinical workshop is an additional required component for students participating in the Gender Violence clinical in the Fall semester. Students enrolled in the Fall clinical section of Gender Violence, Law and Social Justice will be automatically enrolled in this 1-credit workshop.

Gender Violence Clinical Workshop

Spring term

Ms. Diane Rosenfeld
1 classroom credit LAW-37634A

This clinical workshop is an additional required component for students participating in the Gender Violence clinical in the Spring semester. Students enrolled in the Spring clinical section of Gender Violence, Law and Social Justice will be automatically enrolled in this 1-credit workshop.

Gender Violence, Law and Social Justice: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Ms. Diane Rosenfeld
2 classroom credits LAW-94020A
2, 3, or 4 optional clinical credits LAW 94020C Fall or Spring

This seminar will examine in depth the phenomenon of gender-motivated violence. We will attempt to identify both the causes and the effects of the prevalence of violence against women. Questions we will consider include: How, if at all, is 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 shifts in thinking about gender-motivated violence would be necessary to address it more effectively? How is gender violence reflected and reinforced in popular culture and in the media? How does the toleration of sexual violence shape our expectations and sense of entitlements? What are the implications of gender-based violence for the constitutional guarantee of equal protection of the laws? Does equal protection itself have a gendered meaning and reality? Among the types of violence against women we will consider are: intimate-partner violence; domestic homicide; prostitution; rape; sex trafficking of women and children; and violence against women on the Internet. Using case studies, we will consider the strategic use of the law to address sexual violence in institutional settings such as police departments, the military, schools, and athletic teams.

Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

This course is by-permission of the instructor for 1L students.

Genetics and Reproductive Technology: Legal and Ethical Issues

Spring term, Block F
W,Th 1:15 PM - 2:45 PM

Assistant Professor I. Glenn Cohen
3 classroom credits LAW-37645A

Should individuals be able to sell reproductive materials like sperm and ovum, or reproductive services like surrogacy? Should the law require individuals diagnosed with diseases like Huntington's diseases to disclose to family members that they too are at risk for the disease? Should prenatal sex selection be a crime? Should federal funds be used for stem cell research? Should law enforcement be able to bank DNA samples collected from suspects and perpetrators? Should doctors be able to patent cell lines developed from their patients' bodies?

Since Watson and Crick's discovery of the double helix structure of DNA in 1953, and the 1978 birth of Louis Brown, the first child conceived through in vitro fertilization, pressing questions like these have propagated. In this course we will cut across doctrinal categories to examine how well the law and medical ethics have kept up, and plot directions for fruitful development.

Topics covered may include:

• prenatal genetic screening and sex selection
• Genetic enhancement
• The sale of sperm and ovum and access to reproductive technology
• Cloning
• Preembryo disposition disputes
• Wrongful birth, wrongful conception, and wrongful life torts
• Imposition of criminal liability on mothers and third parties for harm to fetuses
• The use of genetic information by insurers and employers
• The collection of genetic information by the state and the criminal justice system
• Biobanking
• Chimeras (human-animal hybrids)
• The stem cell controversy
• The patenting of genes and their derivatives
• Research ethics issues involving fetuses and embryos
• Pharmacogenomics and Race

German Constitutional Law: Seminar

Fall term, Block I
T 5:00 PM - 7:00 PM

Professor Frank I. Michelman and Visiting Professor Dieter Grimm
2 classroom credits LAW-93995A

German constitutional law plays a major role in comparative constitutional studies, and its influence on constitutional-legal development in other countries has been widely recognized. This seminar will examine--comparatively with the constitutional of other countries, particularly the United States--some main features of German constitutional law in the field of constitutionally protected rights, including their theoretical underpinnings, definition, application, limitation, and effect on law governing private legal relations ("horizontal effect"). Prof. Grimm will be present for the first six weeks and will lead the seminar over that period, with participation from Prof. Michelman. Over the final six weeks, led by Prof. Michelman, the sessions will focus on drafts or preparatory works for student papers. Each student will be expected, over the course of the seminar, to develop and submit a paper of approximately 25 pages, addressing some aspect or dimension of the German material in a comparative treatment with the constitutional law of some other country with which the student is familiar -- topics to be chosen during the first few weeks of the seminar

Completion of a basic course on the constitutional law of some country is required for admission to the seminar. For J.D. students, completion of either the "First Amendment" course or the "Separation of Powers, Federalism, and Fourteenth Amendment" course will suffice for this purpose. For graduate students, completion of a basic course in the constitutional law of their home country will suffice.

Enrollment is limited to eighteen students.

Globalizing Capital: Reading Group

Fall term, Block L
Th 5:00 PM - 7:00 PM

Professor Christine Desan
1 classroom credit LAW-37845A

This reading course will consider the political economy of the modern world from several angles. As we read each account, we will ask how law functions affect, define, or undermine the current order. Tentative readings include Karl Polanyi's classic, The Great Transformation, and notable modern interventions, including Peter Cain and Tony Hopkin's, British Imperialism, 1688-2000, Joseph Stiglitz's Globalization and its Discontents, and Barry Eichengreen's, Globalizing Capital.

Government Lawyer

Fall term, Block L
W 5:00 PM - 7:00 PM

Assistant Clinical Professor Alex Whiting
2 classroom credits LAW-38000A Fall
2, 3, or 4 clinical credits LAW-38000C Fall or Spring
or 4 clinical credits Winter/Spring (2 Winter + 2 Spring)

This course will examine the roles and responsibilities of the government lawyer, focusing primarily but not exclusively on criminal prosecutors. It will consider questions concerning the politics of prosecution, the role of the prosecutor in the adversarial system (and whether that system is the best for achieving justice), and the autonomy and discretion of the prosecutor. We will look at issues that arise at the policy level for prosecutors, as well as those that face individual prosecutors in their work. Some specific topics that will be addressed will include prosecutorial ethics; disclosure and discovery issues; pretrial publicity; investigations (including use of the grand jury); sentencing; federalization of crime; and dealing with informants, cooperators, and victims. We will consider these issues in the context of different areas of criminal prosecution, including white-collar crime, organized crime, urban violence, and terrorism. We will also consider the responsibilities and roles of different government lawyers, such as agency lawyers and lawyers in the Office of Legal Counsel. A paper will be required in lieu of an examination.

This course will offer three different clinical components: (1) In either the Fall term or the Spring term, students may 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. (2) In the Winter and Spring terms, students may do a Washington D.C. placement. Students will work on-site during the Winter term and then will continue their placement long-distance ten hours a week during the Spring term. The number of these winter-spring placements is limited and students must submit a resume and letter of interest to be considered. (3) In the Spring term students may also work in Boston-area non-prosecution government offices for ten, fifteen or twenty hours per week. These placements could include, for example, legislative or judicial offices in Boston. These placements are also limited and students must submit a resume and letter of interest to be considered.

Prior to the start of clinical work, students will need to apply for and receive a security clearance which is processed through each of these offices, and facilitated by the HLS Office of Clinical Programs. Clinical seminars will be 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 would like to participate in the fall or spring clinical must enroll through clinical registration. The winter-spring clinical will be by-permission; interested students should submit a resume and letter of interest by May 2, 2008 to the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical registration information and early add/drop deadlines.

Government Lawyering - Policy and Practice: Semester in Washington

Spring term
T,Th 5:00 PM - 7:00 PM

Mr. James Flug

4 classroom credits Spring LAW 38001A
5 required clinical credits Spring LAW 38001C
1 required writing credit Spring
2 optional clinical credits Winter


Students will spend the entire Spring term in Washington, D.C. working daily (minimum of 25 hours per week) as legal assistants in a variety of federal offices while taking a concurrent HLS course in DC. Placements will be arranged by the instructor in consultation with the students (past students have worked in the House and Senate, the Justice Department, the Federal Election Commission, the EPA and other offices.) All placements will be in offices where lawyers provide legal advice on policy matters, rather than in litigation offices. All students must also do a 1 credit independent writing project supervised by a member of the HLS faculty in Cambridge (working long-distance) on a topic related to government lawyering. Students may also elect to spend the Winter term in D.C. (2 clinical credits) to begin working full-time in their host offices, supplemented by a weekly two-hour group discussion.

The Government Lawyer B course will expose students to the distinct forms of lawyering practiced by government attorneys in diverse positions in the federal government. Classroom work will include student discussions of their experiences in their clinical placements. It will focus on the many forces that constrain or empower the application of lawyering skills in government offices. It will examine the special roles and skills required of government attorneys, the unique ethical, legal and moral issues they may face, and the impact of politics and ideology on their work. Students will dissect contemporary government lawyering issues involving many levels and types of lawyers, using a wide range of examples such as: -- the continuing efforts, first through an agency regulation rejected by the Supreme Court, now through legislation, to vest the FDA with broad new regulatory authority over tobacco products; -- the detainee interrogation issue, which involved large numbers of lawyers at every level of government; and -- the practical application of a variety of monitoring and enforcement mechanisms to ethical and legal standards for government lawyers.

Readings and classroom discussions will be supplemented by personal (or video-linked) visits from present and former government legal officers (including HLS faculty members from Cambridge) and some of the students' host officials. Students will meet regularly with the resident faculty member to discuss their work progress. Three short papers relating to the student's work or to classroom subjects will be required in lieu of an examination.

The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a clinical course that satisfies the professional responsibility requirement but who have already completed a professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming in advance of signing up for this clinical course to determine if there is overlap and if a credit reduction will apply.

Enrollment is by application only, and limited to 2L & 3L students. Students can apply by submitting a CV showing employment and extracurricular history, a transcript including a list of courses being taken in the Fall 2008 term, and a cover letter explaining their interest in the Program to the Office of Clinical and Pro Bono Programs by October 1, 2008. The cover letter should indicate the desired types of placements, and whether the student is also applying for the Winter term in DC.

Green Cities--New York: Seminar

Fall/Spring term, Block H
M 5:00 PM - 7:00 PM

Professors David Barron and Gerald E. Frug
2 classroom credits LAW-94035A Fall
2 required clinical credits LAW-94035C Spring

In December, 2006, Mayor Michael Bloomberg announced Plan New York City, an ambitious urban agenda that includes an element called Green NYC. This aspect of the plan involves a major focus on environmental issues, ranging from reducing the city's impact on global warming to dealing with waterways and brownfields. Check it out: www.nyc.gov/html/planyc2030/html/challenge/ greenyc.shtml. This seminar will address the legal problems that New York City confronts in undertaking this effort. Taught in conjunction with attorneys now working for the New York City Law Department, the seminar will consist of two parts. The first, which involves classroom work, will take place predominantly in the fall. This element will introduce basic issues of local government law and local environmental policy. The second, which involves clinical work with the New York City Law Department, will take place principally in the Spring. It will enable students to help the City in its effort to resolve some of the legal issues that it now faces. The seminar is limited to 12 students, and every student must be involved in both aspects of the seminar. To join the seminar, you must obtain permission from the instructors. To do so, you should email both of them -- dbarron@law.harvard.edu; frug@law.harvard.edu -- explaining your background and your interest.

Health Care Law

Fall term, Block D
Th,F 10:00 AM - 12:00 PM

Visiting Professor Anup Malani
4 classroom credits LAW-38090A

This course surveys the law and policy applicable to health care financing and delivery in the United States. Topics include licensure, duty-to-treat, informed consent, confidentiality of medical information, medical malpractice liability, managed care liability, drug regulation, health insurance regulation, ERISA preemption, provider reimbursement, Medicare, Medicaid, industry structure, the corporate structure of hospitals, and the application of antitrust law to health care.

Health Law and Economic Insecurity: Reading Group

Spring term, Block L
M 5:00 PM - 7:00 PM

Mr. Christopher Robertson
1 classroom credit LAW-38311A

This reading group will focus on a wave of new scholarship that sheds light on the relationship between medical crises and financial insecurity. These new findings about credit card debt, labor markets, bankruptcies and foreclosures have influenced the contemporary debates about national health care reform. Is bankruptcy a useful form of catastrophic medical insurance? Should hospitals be required to give away care to the uninsured? Should foreclosure laws distinguish between various causes of default? The class will meet for six two-hour sessions, and we will aim to read about 50-75 pages per session. Readings will include excerpts from legal, economics, and medical literatures, and will include the reform proposals under Congressional debate in 2009.

Health Law Policy Workshop A

Fall term, Block L
Th 5:00 PM - 7:00 PM

Visiting Professor Anup Malani
2 classroom credits LAW-38315A

This workshop will invite speakers from across the country to speak on topics related to health law, policy, and economics, as well as to biotechnology and bioethics. Possible topics covered include: racial and income disparities in health care provision, effect of medical malpractice liability reform on health care outcomes, does FDA regulation of drugs save lives, and should patients be paid to participate in clinical trials.

Health Law Policy Workshop B

Spring term, Block L
W 5:00 PM - 7:00 PM

Visiting Professor Anup Malani
2 classroom credits LAW-38315A

This workshop will invite speakers from across the country to speak on topics related to health law, policy, and economics, as well as to biotechnology and bioethics. Possible topics covered include: racial and income disparities in health care provision, effect of medical malpractice liability reform on health care outcomes, does FDA regulation of drugs save lives, and should patients be paid to participate in clinical trials.

Health, Disability and Planning: Law and Policy Clinical Workshop A

Fall term, Block L
W 5:00 PM - 7:00 PM

Mr. Robert Greenwald
2 classroom credits LAW-38093A Fall
2, 3 or 4 required clinical credits LAW-38093C Fall


The Health, Disability and Planning: Law and Policy Clinical Workshop provides students, who are enrolled in the Legal Services Center's Administrative/Disability, Health, and Estate Planning Law Clinics, with the practical skills and substantive knowledge necessary to effectively advocate for a diverse range of clients in and out of the courtroom. Objectives of the course include: understanding the statutes and rules applicable in health, disability and estate planning law cases; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; developing practical lawyering skills; and analyzing and proposing advocacy approaches to contemporary health care issues. The course emphasizes the health care law and policy needs of underrepresented populations, including individuals living with HIV/AIDS, the terminally ill, disabled and frail elderly.

The workshop is hands-on and group oriented and most classes involve both small and large-group exercises and discussions. Throughout the course, we work on a hypothetical case from the initial client interview through the final disposition of the case. Students conduct in-depth interviews with the client, write the necessary memoranda in her case, prepare a case and client theory, counsel her as the facts of her case evolve, engage in settlement negotiations on her behalf, and reflect on ethical issues confronted in the course of "representation." In addition, students will prepare a memorandum and present on one of their ongoing active cases at the Legal Services Center and will lead class discussion on the case. There is no final examination or paper for this course. Students will be evaluated based on their preparation for and participation in class exercises and discussions.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center (for more information on the clinical work, contact Robert Greenwald rgreenwa@law.harvard.edu or 617-390-2584). Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Health, Disability and Planning: Law and Policy Clinical Workshop B

Spring term, Block L
W 5:00 PM - 7:00 PM

Mr. Robert Greenwald
2 classroom credits LAW-38093A Spring
2, 3 or 4 required clinical credits LAW-38093C Spring


The Health, Disability and Planning: Law and Policy Clinical Workshop provides students, who are enrolled in the Legal Services Center's Administrative/Disability, Health, and Estate Planning Law Clinics, with the practical skills and substantive knowledge necessary to effectively advocate for a diverse range of clients in and out of the courtroom. Objectives of the course include: understanding the statutes and rules applicable in health, disability and estate planning law cases; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; developing practical lawyering skills; and analyzing and proposing advocacy approaches to contemporary health care issues. The course emphasizes the health care law and policy needs of underrepresented populations, including individuals living with HIV/AIDS, the terminally ill, disabled and frail elderly.

The workshop is hands-on and group oriented and most classes involve both small and large-group exercises and discussions. Throughout the course, we work on a hypothetical case from the initial client interview through the final disposition of the case. Students conduct in-depth interviews with the client, write the necessary memoranda in her case, prepare a case and client theory, counsel her as the facts of her case evolve, engage in settlement negotiations on her behalf, and reflect on ethical issues confronted in the course of "representation." In addition, students will prepare a memorandum and present on one of their ongoing active cases at the Legal Services Center and will lead class discussion on the case. There is no final examination or paper for this course. Students will be evaluated based on their preparation for and participation in class exercises and discussions.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center (for more information on the clinical work, contact Robert Greenwald rgreenwa@law.harvard.edu or 617-390-2584). Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Holocaust Litigation

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Mr. Morris Ratner
3 classroom credits LAW-38098A

This course follows the plaintiff class actions filed in the 1990s to recover for Holocaust-era wrongs, from inception to settlement. We will focus on cases against Swiss banks and, separately, against German corporations, which produced two global settlements of Nazi-era claims worth approximately $6.25 billion. The aim of the course is to give students a real-world example of how a major category of international human rights litigation is actually prosecuted and settled. The class will explore the practical/business, substantive legal, ethical, and procedural aspects of this complex, multi-party litigation.

Lessons from the course will apply to other kinds of mass/complex litigation matters. Readings will include (1) historical texts, (2) pleadings and other documents generated in the course of the litigation, and (3) relevant case law, statutes, and international agreements.

Housing Law Clinical Workshop A

Fall term, Block L
Th 5:00 PM - 7:00 PM

Mr. Rafael Mares and Ms. Maureen McDonagh
2 classroom credits LAW-38105A Fall
2, 3, or 4 required clinical credits LAW-38105C Fall

The Housing Law Clinical Workshop provides students, who are enrolled in the Legal Services Center's Housing and Litigation Clinic, with the practical skills and substantive knowledge necessary to effectively advocate for tenants in and out of the courtroom. Objectives of the course include: understanding the statutes, cases and rules applicable in housing law cases; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; developing practical lawyering skills (such as interviewing clients, negotiating settlements, arguing motions, and introducing evidence); and analyzing and proposing advocacy approaches to contemporary housing law issues (such as post-foreclosure evictions).

A large part of the workshop is hands-on and group-oriented; students engage in small and large-group exercises and discussions. Throughout the course, we work on a hypothetical case from the initial client interview through the final disposition of the case. In addition, students will prepare a memorandum and conduct a presentation on one of their ongoing active cases at the Legal Services Center and will lead class discussion on the case. There is no final examination or paper for this course. Students will be evaluated based on their preparation for and participation in class exercises and discussions.

A clinical practice component is required of all students. Clinical placements will be at the Housing clinic of the WilmerHale Legal Services Center. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

For more information on the Clinic, contact Clinical Instructors Rafael Mares, rhmares@law.harvard.edu, (617) 390-2564, or Maureen McDonagh, mcdonagh@law.harvard.edu, (617) 390-2542.

Housing Law Clinical Workshop B

Spring term, Block L
T 5:00 PM - 7:00 PM

Ms. Maureen McDonagh
2 classroom credits LAW-38105A Fall
2, 3, or 4 required clinical credits LAW-38105C Fall

The Housing Law Clinical Workshop provides students, who are enrolled in the Legal Services Center's Housing and Litigation Clinic, with the practical skills and substantive knowledge necessary to effectively advocate for tenants in and out of the courtroom. Objectives of the course include: understanding the statutes, cases and rules applicable in housing law cases; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; developing practical lawyering skills (such as interviewing clients, negotiating settlements, arguing motions, and introducing evidence); and analyzing and proposing advocacy approaches to contemporary housing law issues (such as post-foreclosure evictions).

A large part of the workshop is hands-on and group-oriented; students engage in small and large-group exercises and discussions. Throughout the course, we work on a hypothetical case from the initial client interview through the final disposition of the case. In addition, students will prepare a memorandum and conduct a presentation on one of their ongoing active cases at the Legal Services Center and will lead class discussion on the case. There is no final examination or paper for this course. Students will be evaluated based on their preparation for and participation in class exercises and discussions.

A clinical practice component is required of all students. Clinical placements will be at the Housing clinic of the WilmerHale Legal Services Center. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

For more information on the Clinic, contact Clinical Instructors Rafael Mares, rhmares@law.harvard.edu, (617) 390-2564, or Maureen McDonagh, mcdonagh@law.harvard.edu, (617) 390-2542.

Human Rights Advocacy: Seminar A

Fall term, Block I
T 5:00 PM - 7:00 PM

Clinical Professor James Cavallaro and Ms. Binnaifer Nowrojee
2 classroom credits LAW-94740A Fall
2, 3, or 4 required clinical credits LAW-94740C Fall

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 seminar 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. For those students that enroll in clinical work in conjunction with the Seminar, projects through the Human Rights Program involve work individually or in small groups in collaboration with human rights NGOs and/or before inter-governmental bodies.

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.

This class can only be taken in conjunction with 2, 3, or 4 clinical credits (the clinical component is required). Clinical placements are with the International Human Rights Clinic of the Human Rights Program. Students must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Human Rights Advocacy: Seminar B

Spring term, Block L
T 5:00 PM - 7:00 PM

Clinical Professor James Cavallaro
2 classroom credits LAW-94740A Spring
2, 3, or 4 required clinical credits LAW-94740C 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. For those students that enroll in clinical work in conjunction with the Seminar, projects through the Human Rights Program involve work individually or in small groups in collaboration with human rights NGOs and/or before inter-governmental bodies.

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.

This class can only be taken in conjunction with 2, 3, or 4 clinical credits (the clinical component is required). Clinical placements are with the International Human Rights Clinic of the Human Rights Program. Students must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Human Rights and the Environment Advocacy Seminar

Fall term, Block I
T 5:00 PM - 7:00 PM

Mr. Tyler Giannini and Ms. Bonnie Docherty
2 classroom credits LAW-94611A Fall
2, 3, or 4 required clinical credits Fall


Over the past half century, human rights law and international environmental law have made great strides--largely independent of one another. This course examines the connection between human rights and the environment, and efforts to bridge the two distinct legal discourses in the context of advocacy and social movements. What are the origins of efforts to link human rights and environmental movements and where are these movements headed? What do the movements share in common and where do they diverge? What are the main challenges and dilemmas facing those engaged in rights promotion and defense?

This seminar introduces students to human rights and environmental 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 nongovernmental organizations (NGOs) and/or before intergovernmental bodies. The projects will also expose students to 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 NGOs and their counterparts in the (frequently non-western) Global South. Class sessions will focus on analysis of advocacy from the recent history of the human rights and environmental movements.

A clinical practice component is required of all students in the seminar, with clinical placements at the International Human Rights Clinic of the Human Rights Program.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Human Rights Practice in Latin America: Seminar

Fall term

Clinical Professor James Cavallaro
1 classroom credit LAW-94745A

The seminar will provide an overview and critique of the development of the human rights movement in Latin America, considering first its basis in grass roots religious communities, political activists, and pro-democracy struggles against military dictatorships and toward democratization. The seminar will then assess the movement's more recent growth and professionalization. The course will also examine the growth of human rights in public discourse and practice, and the challenges this expansion presents for the Latin American human rights movement.

Over the course of the summer, we will evaluate a wide range of advocacy strategies, including domestic and international litigation, documentation and report writing, as well as grassroots mobilization and media campaigns. While the course will embrace the entire region, it will focus primarily on Argentina and the Southern Cone of South America. Seminar sessions will involve analysis of the work of local rights organizations and of students, who will be asked to draw on their experience with human rights during the summer in class discussion.

Human Rights Practice in Southeast Asia

Fall term

Mr. Tyler Giannini
1 classroom credit LAW-38245A

This seminar introduces students to the history and continuing challenges of human rights advocacy in Southeast Asia, including debates such as the relationship between human rights and Asian values. The geographic focus will be on mainland Indochina (Burma, Thailand, Cambodia and Vietnam).

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

Spring term, Block L
T 5:00 PM - 7:00 PM

Ms. Jacqueline Bhabha
2 classroom credits LAW-38230A

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. The problematic role of UNHCR and of long term camps is discussed. 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.

Ideology, Psychology and Law: Seminar

Spring term, Block H
M 5:00 PM - 7:00 PM

Professor Jon Hanson
2 classroom credits LAW-94045A

Admission with permission of instructor only. Most judges and legal scholars tend to disregard or downplay the role of ideology in the creation and implementation of laws and in the development of legal theory. Similarly, since World War II, social scientists have paid surprisingly little attention to ideology as a topic of research. That is now rapidly changing as social psychologists and other mind scientists have begun to study, among other things, the characteristics and situations of people drawn to different dogmas. The latest research suggests that ideology is more a manifestation of implicit processes, motives, and human needs than a product of careful reasoning and explicit choices. The evidence indicates that when we embrace an ideology or claim to rise above it--whether as citizens, judges or scholars--our efforts are motivated and often undermined by our social and psychological situations.

The seminar will be built largely around chapters of a book now in progress in which mind scientists and legal scholars examine the most recent research on the sources and consequences of ideology and discuss the possible implications of that research for policy, politics, law and legal theory. Students will be responsible for editing and commenting on individual chapters. Students will also write several short essays examining the implications of some of the recent social scientific research for law and legal theory--some of which may be published on The Situationist Blog or other blogs or in non-law-review periodicals. Students will share responsibility with instructor for planning and implementing this seminar.

Participation in this limited-enrollment seminar is with permission of the instructor, only. Students should have a strong interest in the topic. Interested students should send a brief statement of interest to hanson@law.harvard.edu with the words "Ideology and Psychology Seminar" in the subject line.

Immigration and Refugee Advocacy Seminar A

Fall term, Block L
Th 5:00 PM - 7:00 PM

Mr. Matthew Muller
2 classroom credits LAW-98460A Fall
2, 3, or 4 required clinical credits LAW-98460C Fall

This seminar is attended by all participants in the Immigration and Refugee Clinical and addresses substantive national and international refugee law as well as advocacy skills relevant to students' work at the clinic. The substantive portion of the seminar will provide an overview of international and domestic refugee law. It will examine selected topics typically encountered in the course of students' casework in greater detail. Specific topics may include: The Refugee Convention and U.S. Law, 'Persecution' and the Human Rights Paradigm, Issues of Credibility and Proof, and Gender-Based Asylum Claims. The skills component of the seminar will cover such areas as effective client interviewing, affidavit writing, cross-cultural lawyering, conducting immigration and human rights research, and preparation of cases and client testimony. In order to cultivate best practices in student advocacy and deepen the clinical experience, this seminar draws heavily for instructional examples on current clinical experiences of students (their actual cases and clients). It will also allow students to connect their understanding of refugee law and lawyering skills to actual casework through consideration of specific issues of doctrine and policy implicated by students' cases. Students will also have an opportunity to critically reflect on their experiences, models of advocacy, and social change.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Immigration and Refugee Advocacy Seminar B

Spring term, Block J
W 5:00 PM - 7:00 PM

Clinical Professor Deborah Anker and Mr. Matthew Muller
2 classroom credits LAW-98460A Spring
2, 3, or 4 required clinical credits LAW-98460C Spring


This seminar is attended by all participants in the Immigration and Refugee Clinical and addresses substantive national and international refugee law as well as advocacy skills relevant to students' work at the clinic. The substantive portion of the seminar will provide an overview of international and domestic refugee law. It will examine selected topics typically encountered in the course of students' casework in greater detail. Specific topics may include: The Refugee Convention and U.S. Law, 'Persecution' and the Human Rights Paradigm, Issues of Credibility and Proof, and Gender-Based Asylum Claims. The skills component of the seminar will cover such areas as effective client interviewing, affidavit writing, cross-cultural lawyering, conducting immigration and human rights research, and preparation of cases and client testimony. In order to cultivate best practices in student advocacy and deepen the clinical experience, this seminar draws heavily for instructional examples on current clinical experiences of students (their actual cases and clients). It will also allow students to connect their understanding of refugee law and lawyering skills to actual casework through consideration of specific issues of doctrine and policy implicated by students' cases. Students will also have an opportunity to critically reflect on their experiences, models of advocacy, and social change.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Immigration Law

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Gerald Neuman
3 classroom credits LAW-38600A

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. Prior completion of the course in Constitutional Law - Separation of Powers, Federalism and Fourteenth Amendment, is recommended. The examination will be in-class and open book. Basic text: Aleinikoff, Martin, and Motomura: Immigration and Citizenship: Process and Policy, with statutory supplement.

Inequality and Tax Policy: Reading Group

Fall term, Block L
T 5:00 PM - 7:00 PM

Visiting Professor Kirk Stark
1 classroom credit LAW-38465A

This reading group will begin with an examination of data on income and wealth inequality in the U.S. and then ask what (if anything) tax policy should do about it. Readings will focus on several controversial issues of federal tax reform, including debates over the progressivity of the income tax, whether/how the government should tax estates/inheritance/wealth, the tax treatment of low-income households, and proposals for a progressive consumption tax. Discussion will also focus on tax policy issues that arise in connection with the November 2008 presidential election.

Innovative Contracting: Reading Group

Spring term, Block L
Th 5:00 PM - 7:00 PM

Professor George G. Triantis
1 classroom credit LAW-38674A

We will read and discuss books and articles concerning innovation-- why and when does innovation occur, and who innovates and how -- and apply it to the design of transactions. The goal is to use lessons from other fields to speculate as to how transactional legal practice may be reformed to create greater value for clients.

Intellectual Property Law: Advanced

Spring term, Block C
M,T,W 10:15 AM - 11:50 AM

Professor William W. Fisher
4 classroom credits LAW-41415A
2, 3, or 4 optional clinical credits Spring
or 2 optional clinical credits Winter

This course is intended for students who are already familiar with the main contours of intellectual property law and would like to explore the subject further. Approximately one half of the class will be devoted to close examinations of the economic and political theories upon which patent, copyright, and trademark law are (or might be) based. The other half will examine in depth a few topics that, in recent years, have proven especially controversial or troublesome: fair use; the right of publicity; possible solutions to the crisis in the entertainment industry; the boundary between patent law and antitrust law; how legal reform might help address the health crisis in the developing world; and trademark dilution. Each student will be expected to participate in the discussion of these issues (both in the classroom and online) and to write a short research paper addressing an aspect of one of them. Group projects are encouraged. There will be no exam.

Clinical placements are at the Cyberlaw Clinic of the Berkman Center for Internet and Society. Students who would like to participate in the optional winter or spring clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

International Bankruptcy: Reading Group

Fall term, Block L
W 5:00 PM - 7:00 PM

Visiting Professor John Pottow
1 classroom credit LAW-39205A


Ever since there has been cross-border trade there have been cross-border insolvencies. But the modern era of "transnational bankruptcy" unofficially kicked off when media tycoon Robert Maxwell fell (or jumped or was pushed) off his yacht. Since then, scholars, judges, legislators, and lawyers have gone into overdrive. This reading group will examine the major issues involved in the rapidly evolving field of multi-jurisdiction insolvency by looking at case studies, treaties, domestic laws, model codes, European regulations, and academic literature. Background or concurrent instruction in bankruptcy probably makes sense, but a student who wishes to enroll without may speak with the instructor.

This reading group will meet on September 17 & 24, October 15 & 29, and November 5 & 19.

International Childhood, Rights, and Globalization

Fall term, Block E/F
M,W 1:10 PM - 2:30 PM

Ms. Jacqueline Bhabha
3 classroom credits LAW-38880A

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 Harvard Kennedy School and the Law School and will meet at HKS (IGA-229).

International Commercial Arbitration

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Messrs. Dan Tan and Mark Beckett
3 classroom credits LAW-38882A

The burgeoning field of international commercial arbitration has become the default dispute resolution mechanism for cross-border transactions and projects. This complex field involves the intersection of national law, private and public international law, arbitration rules, and comparative law. The course will provide an overview of the field through (1) an introduction to the basic concepts, (2) a practical appreciation of the critical role that international commercial arbitration plays in international transactions, (3) a discussion of emerging trends and issues, and (4) an survey of public policy issues. The course will also explore foreign investment disputes and the pivotal role that arbitration plays in this developing area. Students can expect to analyze both international and US legal materials.

International Criminal Law: Seminar

Fall term, Block E
M 1:00 PM - 3:00 PM

Visiting Professor Richard Goldstone
2 classroom credits LAW-93551A

Individuals are increasingly subject to prosecution for violations of international law, both in national courts and, now more prominently, in international tribunals. The case of General Pinochet of Chile is the most famous example of the first type of jurisdiction. The case of Slobodan Milosevic of Serbia illustrates the latter. These developments present major new issues for international law, which formerly focused on the obligations of states. We will examine the applicable law of international crimes; the choices of procedure for international courts; the powers to enforce orders and judgments of both national and international courts; and the challenges posed by the complementary jurisdiction of the International Criminal Courts.

International Environmental Law

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Visiting Professor David Wirth
3 classroom credits LAW-38710A

This course is an introduction to legal aspects of a rapidly expanding area of increasing importance to the study of both the environment and international relations. After introductory sessions treating basic principles, the course will address legal aspects of substantive issues such as the following: (1) the greenhouse effect; (2) trade and the environment; (3) development assistance and the environment; (4) exports of hazardous substances, such as pesticides and hazardous wastes; (5) environmental impact assessment; (6) bilateral issues with Canada and Mexico; (7) stratospheric ozone depletion; (8) acid rain; (9) Antarctica; and (10) biodiversity. The course emphasizes the operation and interpretation of treaties and other legal international instruments, such as the Montreal Protocol on Substances That Deplete the Ozone Layer, the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and the Rio Declaration; legal aspects of the structure and functioning of international organizations such as the United Nations, the World Bank, and the World Trade Organization; and the importance of domestic legislation, regulation, and practice in the international process. There are no prerequisites, and in particular students need not have prior familiarity with either international law or domestic environmental law. Evaluation by a one-day take-home examination.

International Finance

Spring term, Block G
M,T 3:15 PM - 4:45 PM

Professor Hal S. Scott
3 classroom credits LAW-38900A

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 (including the securitized markets impacted by the subprime crisis), 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

Fall/Spring term, Block H
M 5:00 PM - 7:00 PM

Professors Howell Jackson and Hal Scott
2 classroom credits LAW-95810A
(1 credit Fall + 1 credit Spring)

This seminar is intended for students who are interested in international finance and the structure of financial regulation in an increasingly globalized economy. The seminar will explore issues of current interest in the field, including the competitiveness of U.S. financial markets, regulatory reform of financial regulation in the United States and around the world, the structure of regulatory cooperation in global markets, and the role of public and private enforcement in financial markets. The initial sessions will provide background on these subjects. Later, the focus of the seminar will be a series of outside speakers from government, practice and industry. In the final sessions of the year, students will present their own research papers on topics of current interest. For examples of papers written by students in prior years as well as a list of outside speakers, see http://www.law.harvard.edu/programs/pifs/ifllm.html.

International Human Rights

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Ryan Goodman
3 classroom credits LAW-38200A

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 historic origins of modern human rights law; relationships between human rights law and the law of armed conflict; connections between civil, political, social, and economic rights; transnational strategies associated with implementation and enforcement; and institutional responses to mass atrocities.

International Human Rights and Domestic Law in the Inter-American System: Reading Group

Spring term, Block L
Th 5:00 PM - 7:00 PM

Visiting Professor Paolo Carozza
1 classroom credit LAW-38735A

Using the law and institutions of the Inter-American human rights system and of different Latin American countries as examples and case studies, this reading group will critically examine different ways of understanding and conceptualizing the relationship between international human rights and domestic legal systems. For example, we will consider ideas of subsidiarity, internalization, and embeddedness; explore the interplay of international human rights and democratic self-government; and evaluate the interpretive authority and legitimacy of international human rights institutions vis-a-vis domestic legal actors. Students will be invited to make a field trip to Washington, DC during the semester to observe first-hand some of the sessions of the Inter-American Commission on Human Rights.

International Humanitarian Law

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Visiting Professor Derek Jinks
3 classroom credits LAW-38731A

This course is a comprehensive introduction to the law of war, known in modern times as international humanitarian law. We will study such topics as the regulation of various means and methods of warfare, the treatment of war victims (such as POWs and civilians), the regulation of non-international armed conflicts, the application of the law of war to non-state actors (such as terrorist organizations and corporations), and various enforcement mechanisms (such as international criminal tribunals and US military commissions). We will give special consideration to how the 'Global War on Terrorism' implicates these issues, and we will examine closely the role that humanitarian law has played in post-9/11 litigation in the United States.

International Law (1L)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Assistant Professor Gabriella Blum
4 classroom credits LAW-16950A

This is an introductory course to public international law. The first part of the course examines the nature, sources, and methods of international law, the relationship between international law and domestic U.S. law, the determination of international responsibility and the resolution of international disputes, and the bases of national jurisdiction over international conduct. In the second part of the course we will study select substantive areas of international law, including the use of force and the laws of war, human rights, international criminal law, and international trade law. Where relevant, the course will follow current events. This course is one of the 1L required international or comparative courses and only available to first-year HLS students.

International Law A

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Visiting Professor Philip Alston
3 classroom credits LAW-45540A

This course provides an overview of international law through the lens of the legal aspects of current international controversies. The aim is to provide an understanding of how the doctrine, institutions and methodologies of international law have responded to the dramatic changes that have affected the international community over the past two decades or so. The structure of international law, its goals, processes and institutions will be examined through detailed consideration of issues such as human rights, international economic law, environmental law, terrorism, and war. Particular emphasis will be given to the role of the United States within the overall international regime.

International Law and International Relations: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Assistant Professor Rachel Brewster
2 classroom credits LAW-95781A

This seminar will explore recent scholarship in international law using the framework of international relations. Topics will include international trade, institutional design, and the enforcement of international law.

International Law B

Spring term, Block G
M,T,W 3:15 PM - 4:35 PM

Visiting Professor Lori Fisler Damrosch
4 classroom credits LAW-45540A

This course examines contemporary problems in the legal aspects of international relations, with attention to the nature and sources of international law and the reality of international law in international affairs, the application of international law in domestic courts, recognition of states and governments, self-determination, the law of treaties, human rights, dispute settlement, use of armed force, jurisdiction and immunities, responsibility for injuries to foreigners, and enforcement through economic sanctions and criminal law. We will consider challenges arising out of the processes of integration and disintegration of nation-states and the emergence of new forms of organization, and prospects for enhancing the role of collective organs (including but not limited to the United Nations) in making and applying international law. International human rights law will be examined and will serve as a context for analyzing other issues. The systemic implications of the attacks of September 11, 2001 and measures in response will be addressed.

International Law Workshop

Fall/Spring term, Block L
W 5:00 PM - 7:00 PM

Professors William P. Alford and Ryan Goodman
2 classroom credits LAW-39115A


(2 credits fall + 2 credits spring)

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.

The workshop will continue in the spring semester but will be devoted to the work of students enrolled in the class. The principal goal of the spring semester workshop will be to provide students with an opportunity to develop a single piece of original scholarship and to consider how that might form a part of their broader scholarly agenda. Students taking part in the spring offering will have an opportunity to work closely with faculty on their projects and to present their work in progress in the workshop.

Enrollment is limited to 40 students.

Students may enroll for the fall semester only--Section 1/F--(i.e., without enrolling for the spring semester ILW). Students, however, may not enroll in the spring semester International Law Workshop without taking the fall International Law Workshop.

International Negotiation

Fall term, Block F
W,F 1:15 PM - 2:45 PM

Assistant Professor Gabriella Blum
3 classroom credits LAW-39120A

This is an analytical as well as skills-based course, intended to better acquaint students with those negotiation elements that are more particular to the international arena (with an emphasis on diplomatic and political negotiations).

Through a combination of theoretical analysis, case-studies, and simulations, we will address 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; cross-cultural tensions in negotiations; the concept of power in international negotiations; designing and drafting international agreements; and ethics in international negotiations. Some prior negotiation training is useful, but not a prerequisite.

International Reproductive/Sexual Health Rights: Reading Group

Spring term, Block L
M 5:00 PM - 7:00 PM

Ms. Mindy Jane Roseman
1 classroom credit LAW-39371A

Sex and reproduction are deeply personal activities, yet infused with public purpose. As such, they help constitute as well as undermine the public/private divide that legal and rights discourses often police. Internationally and nationally, individuals and civil society have staked out rights claims along this territory; courts and international human rights bodies, and until very recently main stream human rights organizations, have rejected as well as recognized these claims. Some of these institutions still continue to do so. This reading course will examine how these claims have been formulated, and critically assess the "value added" of human rights in the areas of sex and reproduction We will pay attention to gender and other categories of social analysis, as well as the orientation towards "health." The objective of the reading group is to lay a foundational basis for thinking about and practicing in this broad and protean field.

Course Requirements: A reasonable amount of reading will be assigned for each session; you will be expected to read have closely read the material and actively participate in discussion. For each session (except the first) two students will be assigned an extra reading for presentation to the class, as well as provide some questions to frame our discussions.

International Tax Policy

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Visiting Professor Brian J. Arnold
3 classroom credits LAW-39850A

This course involves an exploration of the tax policy issues underlying the international tax aspects of a country's tax system. It will focus on tax policy issues rather than the substantive rules of international tax, although there is an intimate connection between the policy and the rules that give expression to that policy. The course does not focus on any particular country's tax system. Instead, it involves an analysis of the most fundamental structural elements of an international tax system that are common to most countries' systems. Topics will include residence, source of income, elimination of double taxation, anti-avoidance measures such as transfer pricing, thin capitalization, and controlled foreign corporation rules, and tax treaties.

International Trade

Fall term, Block B
W,Th,F 8:30 AM - 9:50 AM

Visiting Professor Jeffrey Dunoff
4 classroom credits LAW-30920A

This is a basic course on international trade law and policy. It starts with an overview of the economics and politics of international cooperation on trade, and then moves to an intensive study of the WTO as an institution and its core obligations. In addition to traditional trade topics, such as most-favored nation and national treatment, quotas, antidumping and subsidies, a variety of new trade issues--such as the relations between trade and the environment, and trade and development--will be addressed.

Introduction to Accounting and Corporate Financial Reports

Fall term, Block L
M 5:00 PM - 7:00 PM

Visiting Professor Bala Dharan
1 classroom credit LAW-20001A

This 1-credit fall course is designed to help the law students develop an understanding of the accounting information presented in corporate financial statements. Students will learn the basics of how financial statements are prepared to capture the effects of management decisions, and how accounting information is used to aid management decisions on performance measurement and valuation. In addition, we will study the effect of accounting information on financial markets, examine current hot button accounting issues in litigation matters. Actual financial reports and short cases will be used to illustrate the accounting concepts and litigation applications. The course will be relevant for students in the Law and Business program of study, as well as to others who wish to learn the basic language of financial reports and their use in corporate transactions, capital markets, and commercial litigation. This course only meets the first half of the term.

Students may not take this course and Financial Accounting being offered by Visiting Professor Weil during the spring because of the overlap.

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

Fall/Spring term, Block L
T 5:00 PM - 7:00 PM

Clinical Professor David Grossman and Ms. Kimberly Breger
3 classroom credits LAW-39511A (2 Fall + 1 Spring)
5 required clinical credits LAW-39511C (2 Fall + 3 Spring)


This course introduces students to civil law practice and is required for all 2L members of the Harvard Legal Aid Bureau. Student practice experience at the Bureau is the primary material for all class meetings and discussions. The goals of the course are: (1) to provide a strong foundation for developing lawyering 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. The majority of class meetings will focus on specific lawyering tasks such as client counseling and interviewing, investigation of claims, negotiation, and argument and case presentation. With respect to each skill studied, attention will be paid to the ethical, relational, strategic, and tactical issues involved. Additional class sessions, led by Bureau Clinical Instructors, will provide opportunities for analysis of the substantive and procedural law applicable to the students' clinical practice; development of litigation skills through role-play exercises; and rounds discussions of challenging issues in the students' casework.

The course satisfies the professional responsibility requirement for the J.D. degree. 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 meetings or course readings. Students may waive one clinical credit in the fall semester and up to two clinical credits in the spring semester.

Enrollment in this clinical course is restricted only to 2L Harvard Legal Aid Bureau members, and will not be in clinical registration. HLAB members in their 2L year in 2008-2009 will automatically be enrolled in this course and clinical once HLAB membership is established.

The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a clinical course that satisfies the professional responsibility requirement but who have already completed a professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming to determine if there is overlap and if a credit reduction will apply.

Introduction to Advocacy (ITA): Criminal - Prosecution Perspectives

Fall/Winter term, Block L
W 5:00 PM - 7:00 PM

Open to 3Ls only
Mr. John J. Corrigan
3 classroom credits LAW-39600A (2 Fall, 1 Winter)
4 required clinical credits (3 Fall, 1 Winter)
3 classroom credits Trial Advocacy Workshop LAW-47500 Fall


This fall-winter clinical course is open to third-year students only. Students 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 clinical 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. Clinical placements will begin the week of September 29, immediately after the completion of the fall Trial Advocacy Workshop.

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.

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.

Evidence is a pre-requisite. Students must have at least two days in their schedule free from 8am to 4pm for the clinical component. Students will also automatically be enrolled in the fall Trial Advocacy Workshop (TAW, meets 12pm-8pm from Sept. 8-26) unless previously completed.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a clinical course that satisfies the professional responsibility requirement but who have already completed a professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming in advance of signing up for this clinical course to determine if there is overlap and if a credit reduction will apply.

Introduction to Advocacy (ITA): Criminal Justice A

Fall/Winter term, Block L
T,Th 4:00 PM - 7:00 PM

Open to 3Ls only
Professor Charles J. Ogletree
4 classroom credits LAW-39700A Fall/Winter
(3 Fall + 1 Winter)
4 required clinical credits
(3 Fall + 1 Winter)
3 Trial Advocacy Workshop classroom credits LAW-47500A Fall

Meeting Times

January 6 -- 4:00pm-7:00pm
January 8 -- 4:00pm-7:00pm
January 13 -- 4:00pm-7:00pm
January 15 -- 4:00pm-9:00pm

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 enroll in a second course with a professional responsibility requirement, but the course taken second will be reduced by one classroom credit.

Evidence is a pre-requisite or co-requisite. This course has a required Fall and Winter clinical component with the HLS Criminal Justice Institute. Students will also automatically be enrolled in the fall Trial Advocacy Workshop (TAW, meets 12pm-8pm from Sept. 8-26) unless previously completed.In addition to the regular ITA: Criminal Justice course meeting time, all students will meet weekly for two-hour sessions involving skills training and ethics in the practice. Exact times for the weekly sessions will be discussed at the clinical orientation.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a clinical course that satisfies the professional responsibility requirement but who have already completed a professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming in advance of signing up for this clinical course to determine if there is overlap and if a credit reduction will apply.

Introduction to Advocacy (ITA): Criminal Justice B

Spring term, Block L
W,Th 5:00 PM - 7:00 PM

Open to 3Ls only Clinical Professor Ronald S. Sullivan Jr.
4 classroom credits LAW-39700A Spring
4 required clinical credits LAW-39700C Spring
3 classroom credits Trial Advocacy Workshop

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. In the course of representing clients, students may be required to visit correctional institutions, which necessitates a background check. 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 enroll in a second course with a professional responsibility requirement, but the course taken second will be reduced by one classroom credit.

Evidence is a pre-requisite or co-requisite for ITA Criminal Justice B. All students who enroll in this clinical course will also be automatically enrolled in the Winter Trial Advocacy Workshop (TAW), unless previously taken (note that Evidence is a pre-requisite for the Winter TAW).

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/ drop deadlines.

The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a clinical course that satisfies the professional responsibility requirement but who have already completed a professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming in advance of signing up for this clinical course to determine if there is overlap and if a credit reduction will apply.

Introduction to American Law (An)

Fall term, Block X
Th 3:00 PM - 5:00 PM

Mr. Sam Bayard
2 classroom credits LAW-39715A

This course introduces students trained as lawyers outside of the United States to the U.S. legal system, helping to supplement and put into context what they learn in their other courses at HLS. It covers the basic structure and function of U.S. legal institutions, the interaction of state and federal law in the American system of federalism, common law and case analysis, the American criminal and civil justice systems, trial by jury, and the American legal profession. Some portion of the course will be dedicated to developing U.S. legal research and writing skills, including both predictive and persuasive forms of writing. Students will meet with practicing attorneys, will see how the law is portrayed in film and in the news, and will see the law in action during a visit to a court in Boston. Throughout the course, students will be invited to share their experiences and compare the U.S. system with their own legal systems.

This course is not open to JD students.

Israel/Palestine Legal Issues

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Professor Duncan Kennedy
3 classroom credit LAW-40014A

This course will examine a wide variety of legal issues raised in the various stages of conflict in Israel/Palestine. These will include issues arising inside Israel proper and issues arising with respect to the Occupied Territories. For each issue, there will be some background readings and then presentation of opposing legal positions, sometimes with a U.S. case to give a comparative perspective. Issues covered will involve Israeli civil and constitutional law and international and humanitarian law; areas will include local government, land, water, education, and taxation, as well as more familiar issues around the treatment of the Arab minorityh in Israel and legality of the occupation and its administration. Three classes will be devoted to the legal analysis of violent resistance and terrorism.

Jewish Law: The Legal Thought of Maimonides

Spring term, Block C
T,W 10:15 AM - 11:15 AM

Visiting Professor Hanina Ben-Menahem
2 classroom credits LAW-40320A

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, Maimonides is so central to the development of Jewish law that in studying his approach, a wide range of topics pertaining to Jewish law in general 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.

Judicial Enforcement of Socio-Economic Rights: Seminar

Spring term, Block L
T,W,Th 5:00 PM - 7:00 PM

Justice Sandile Ngcobo
1 classroom credit LAW-98755A

This is a one-credit seminar, spread over a three-week period in April. The seminar will examine the appropriate role for the courts in the protection of socio-economic rights in the light of objections to judicial enforcement of socio-economic rights. The seminar will compare how courts in different jurisdictions have approached the problem of judicial enforcement of socio-economic rights, in particular, how courts have dealt with some of the objections to judicial enforcement of socio-economic rights. The seminar will examine these issues with reference to the jurisprudence of those countries where socio-economic rights are: (a) constitutionally guaranteed; (b) contained in statutes; (c) part of the constitution but are not open to judicial enforcement; and (d) not in the domestic constitution, but the State has ratified the relevant international obligations on socio-economic rights. This analysis will involve examining the jurisprudence on socio-economic rights in South Africa, India, Canada, United Kingdom and the United States. A reading list for each class will be distributed before the start of the seminar.

This course will run for three weeks: April 6 to April 24.

Judicial Process in Community Courts: Seminar

Spring term, Block M
W 7:00 PM - 9:00 PM

Judge John C. Cratsley
2 classroom credits LAW-90920A 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.

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.

Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Jurisprudence: Legal Ideals

Fall term, Block F
W,Th,F 1:00 PM - 2:20 PM

Professor Scott Brewer
4 classroom credits LAW-40410A

This course offers a close examination of three central related questions:

(i) How should one explicate the concept of "law"?

(ii) How do judges in fact decide "legal" cases? That is, what methods of reasoning do judges use, to what extent and in what ways do those methods reasoning rely on methods of moral reasoning, reasoning in the social sciences (like economics) or in the "hard" empirical sciences (physics, etc.) or in the deductive sciences (mathematics and logic), or, to what extent is a judge's decision in a case the kind of "political" judgment that might be made by a legislator?

(iii) How should judges decide legal cases?

These questions will allow us to address what have been the dominant issues in the history of jurisprudence, including the millennial question of the best way to account for the relation between moral and legal judgments (is moral acceptability a necessary criterion of legality?) Readings will be from illustrative judicial decisions (such as Brown v. Bd. of Education and Lochner), classic texts in jurisprudence, as well as from other work in philosophy that is relevant to our three central core jurisprudential questions. This course is designed to be a introductory course. Although some of the readings will require close and careful reading, explanation, and discussion, no familiarity with jurisprudence or philosophy is required and none will be presupposed. Requirements of the course are one eight-hour take-home exam and regular attendance.

Labor Law

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Assistant Professor Benjamin Sachs
4 classroom credits LAW-40900A

This course will focus on the statutory, judicial, and administrative law governing the collective organization of workers and the interaction between such collective organizations and employers. The course will introduce students to the basics of traditional labor law and will explore how labor law is evolving in response both to innovative forms of labor-management relations and to changes in the composition of the U.S. labor force. The class will consider the legal status of privately negotiated processes for organizing and recognizing unions, state and local approaches to labor law innovation, and new forms of workplace organization. We will also explore the intersection of labor and immigration law, union participation in the political process, and emerging forms of worker organizing that rely not on the National Labor Relations Act but on other statutory regimes.

Labor Law in Transition: Emerging Trends and New Directions: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Assistant Professor Benjamin Sachs
2 classroom credits LAW-95955A

This seminar will explore advanced topics in labor law, focusing on trends that are redefining the field. Topics will include: the intersection of labor and immigration law, and the workplace rights of immigrant workers; state and local attempts at labor law innovation; avenues for federal labor law reform, including the Employee Free Choice Act; political participation by unions and workers; and the anti-trust implications of new modes of labor organizing. No prerequisite.

Land Use Puzzles, Natural Resource Dilemmas: Seminar

Spring term, Block K
Th 5:00 PM - 7:00 PM

Mr. Daniel Kelly
2 classroom credits LAW-95965A

This seminar will explore various approaches for resolving several of the classic problems of social coordination, e.g., the tragedy of the commons, strategic holdouts, free riders, and negative externalities, by analyzing a number of recent controversies in land use and natural resources law. Issues will range from the assembly of fragmented parcels and the alleviation of congested runways to managing ocean fisheries and reducing CO2 emissions. Readings will include excerpts from articles by Calabresi, Demsetz, Ellickson, Farber, Ostrom, Radin, Revesz, Rose, Salzman, Shavell, and Vickrey, among others. Students are required to participate in class discussions and write a final paper (15-20 pages).

There are no prerequisites for this course.

Large Law Firm--Organization, Operation, Strategies and Issues (The)

Spring term, Block F
W 1:00 PM - 3:00 PM

Mr. Sheldon Bonovitz
1 classroom credit LAW-34243A

The course is intended to provide in a realistic setting the structure, operation, strategies and issues involving the large law firm in 2009 (i.e., a law firm with more than 400 lawyers). The specific subjects covered will include governance, ownership, law firm economics, compensation (partner and associate), marketing and business development, culture, conflicts, strategy and issues of particular interest to associates (e.g., training, mentoring, partnership criteria, etc.). Notes: This module meets the first six weeks of the spring term for 2 hours each week.

Latin American Public Law: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Mr. David Landau
2 classroom credits LAW-96005A

This seminar will examine an interdisciplinary literature on public law in Latin America, drawing primarily on readings from comparative political science, history, and law. Major topics will include presidential powers and executive-legislative relations, federalism, the historical unimportance of constitutional texts, rights-protecting mechanisms and the rise of strong constitutional courts, and the region's engagement with international instruments and human rights norms. All readings will be in translation; Spanish or Portuguese language skills are not required.

Law and China Advanced

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Visiting Professors Liufang Fang and Yuanyuan Shen
3 classroom credits LAW-41175A

This course will explore the role of law in the People's Republic of China today, with particular attention to legislative and judicial responses to specific problems arising from China's economic, political and social transition.

After a brief introduction to major legal institutions, the course will focus in important part on the role of law in the development of the Chinese economy and challenges spawned by this process. Topics to be covered include the effort to reorganize state owned enterprises into business corporations and the implications thereof for the Chinese securities market, the on-going involvement of the state both as regulator and commercial proprietor, contractual autonomy and its limitations, intellectual property protection, environmental protection, consumer protection, and civil litigation. Other topics, outside the business area, to be addressed include, but will not be limited to, freedom of speech and defamation litigation, the growth of the Chinese legal profession and Chinese legal education.

Throughout students will be encouraged not only to learn the formal law but to consider the institutions through which law is to be enforced and the manner in which it, in fact, is (or is not) being implemented.

Law and Cognition: Reading Group

Spring term, Block L
Th 5:00 PM - 7:00 PM

Visiting Professor Dan Kahan
1 classroom credit LAW-41157A

Readings will examine social and psychological influences on various forms of reasoning in law. Special emphasis will be placed on the role of emotions and cultural worldviews. As is the norm with reading groups, there will be no examination or paper, and the class will be graded pass/fail.

Law and Development

Fall term, Block L
W 5:00 PM - 7:00 PM

Professor David Kennedy
2 classroom credits LAW-41160A

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 and after transitions to a market economy through privatization. Limited enrollment. Permission is not required for LLM students. JD students may enroll only with the instructor's permission. Those wishing to enroll should email a brief statement of their background and intellectual interest in the course to the instructor at dkennedy@law.harvard.edu or david_kennedy@brown.edu.

Law and Economics: Seminar A

Fall term, Block I
T 5:00 PM - 7:00 PM

Professors Louis Kaplow and Steven M. Shavell
2 classroom credit LAW-96200A

This seminar will provide students with an opportunity to discuss ongoing research in economic analysis of law. At most of the meetings invited speakers--some from the Law School--will present works in progress. Students are required to submit, before sessions, brief written comments on the papers to be presented. Enrollment in either or both terms is permitted. Some background in economics or law and economics is helpful; however, knowledge of technical economics is unnecessary.

Law and Economics: Seminar B

Spring term, Block I
T 5:00 PM - 7:00 PM

Professors Louis Kaplow and Steven M. Shavell
2 classroom credit LAW-96200A

This seminar will provide students with an opportunity to discuss ongoing research in economic analysis of law. At most of the meetings invited speakers--some from the Law School--will present works in progress. Students are required to submit, before sessions, brief written comments on the papers to be presented. Enrollment in either or both terms is permitted. Some background in economics or law and economics is helpful; however, knowledge of technical economics is unnecessary.

Law and Humanities Colloquium

Spring term, Block L
W 5:00 PM - 7:00 PM

Professor Janet Halley and Assistant Professor Jeannie Suk
2 classroom credit LAW-41235A

This colloquium has two goals. The first is to provide students with an opportunity to discuss ongoing research on law that employs the disciplinary tools of the humanities. The second is to introduce law students and graduate students with humanities backgrounds to aspects of legal theory that are particularly important for humanists interested in law.

At half of the sessions, invited speakers -- a mix of humanities scholars writing about law and legal scholars using humanities tools -- will present their scholarly works in progress, recently published works, or other materials for discussion of law and humanities research. Members of the Law School and FAS community will be invited to attend. The remaining sessions will focus on discussions of canonical works of legal theory and examples of legal scholarship that extrapolate those works in close readings of particular legal problems.

Students will submit brief (2-3 pp.) written comments on each week's assigned readings, due by 9 a.m. on the morning of each session. Evaluation will be based on these short papers and class participation. Students who wish to do supervised research in connection with their enrollment in the Colloquium should discuss their proposals and credit strategy with Professor Halley and/or Professor Suk.

Required Text. David Kennedy and William W. Fisher III, The Canon of American Legal Thought (Princeton U.P. 2006).

Law and Literature: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Professor Alan A. Stone
2 classroom credits LAW-96410A

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 eighteen.

Law and Modernism: Seminar

Fall term, Block I
T 5:00 PM - 7:00 PM

Professor Bruce Hay
2 classroom credits LAW-96415A

This seminar examines the relations of American law and legal theory to cultural modernism, covering the period from the late 19th century to the 1930s. Our central focus will be the ways in which the "crisis" in law and legal thought during this period finds parallels or echoes in contemporaneous literary, artistic, and intellectual developments. Readings will be drawn from a variety of disciplines.

Students will be expected to do a presentation, possibly in groups, and to write a paper.

Law and Non-Proliferation: Reading Group

Spring term, Block L
Th 5:00 PM - 6:00 PM

Visiting Professor Lori Damrosch
1 classroom Credit LAW-41301A

The reading group will investigate what we mean by "law" in relation to non-proliferation of weapons of mass destruction (WMD). Does law matter for this subject, and if so, how?

We will revisit the Cuban Missile Crisis, where the spectrum of views runs from former Secretary of State Dean Acheson ("law simply does not deal with such questions of ultimate power") to Abram Chayes (State Department Legal Adviser at the time of the crisis), whose writings on the crisis reflected on the significance of law in framing and justifying the decisions taken. Readings will include accounts of participants, including Attorney-General Robert F. Kennedy, and retrospective analyses in which the role of law is addressed.

Turning to the main international regimes embodied in the Nuclear Non-Proliferation Treaty (1968) (NPT), the Biological Weapons Convention (1972), the Chemical Weapons Convention (1993) (CWC), and other international treaties, we will consider the wide repertoire of legal mechanisms mobilized against states and non-state actors in order to restrain WMD technologies and capabilities. We will examine several long-running case studies involving efforts to address WMD threats through economic sanctions, international monitoring, and other techniques, with varying degrees of success. Readings will cover the efficacy (or not) of nonforcible measures against Iraq, Libya, North Korea, and Iran, and the ongoing controversies about the optimal mix of strategies in such cases. Other readings will deal with the ambitious measures mandated by the U.N. Security Council in its Resolution 1540 (2004) to prevent WMD from falling into the hands of terrorists, and other steps, such as the Proliferation Security Initiative, taken by cooperating states. Other current case studies can include the role of domestic and international law in relation to states outside the NPT regime (India, Pakistan, and Israel) and whether there is a principled basis for differentiated policies toward them.

Courts have issued notable rulings on issues of constitutional and international law concerning nuclear weapons, including the stationing of such weapons on state territory and the applicability of law (including international humanitarian law) to their potential use. Readings will include such judicial decisions and advisory opinions and scholarly commentary on them.

The reading group will meet for a total of 12 hours, beginning with a one-hour session on Thursday, February 5, 2009, from 5:00 to 6:00 and continuing with weekly meetings thereafter. Most of the meetings will be one hour in length, with occasional two-hour sessions and occasional weeks when we do not meet. The precise schedule will be settled at the first class meeting.

Law and Policy of Counter-Terrorism

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Professor Philip B. Heymann and Assistant Professor Gabriella Blum
3 classroom credits LAW-41205A

Democratic countries need to handle the threat of terrorism responsibly and effectively. Every choice the government makes carries some risk of either failing to intercept a terrorist plot or grossly infringing on individual liberties and freedoms. Some choices governments have made have done both. The course studies some of the central themes in counterterrorism operations from legal, moral, and political perspectives, with some comparative analysis drawn from other countries. Among the issues covered are the degree to which the law should guide counterterrorism actions, the differences between Islamic terrorism and other forms of terrorism, the judicial review of counterterrorism operations, secrecy and privacy, the interrogation and detention of terrorist suspects, the imposition of collective sanctions on terrorist groups and their supporters, covert actions, and more. We will also examine whether and to what degree there are ways to reduce tacit support for terrorism and how important such a reduction would be. Students are expected to participate in research, analysis, and reporting to the class.

Law and Politics: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Ms. Stephanie Robinson
2 classroom credits LAW-95925A

This seminar will explore the concurrent arenas of law and politics. The seminar will focus on the ways in which media, advocacy groups, lobbyists, and other actors impact and help form federal legislation.

Law and Psychology-The Emotions: Seminar

Fall term, Block H
M 5:00 PM - 7:00 PM

Mr. David Cope
2 classroom credits LAW-96440A

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. There will be no required final examination or term paper.

Law and the International Economy B1 (1L)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Assistant Professor Rachel Brewster
4 classroom credits LAW-16960A

This course is designed to introduce first-year students to the architecture of the international economic law system. The course will place private international economic law in its increasingly robust public international economic law context. It will examine various types of international economic deals (including private cross-border contracts; public-private investment contracts; and bilateral and multilateral economic treaties), the various types of law that regulate these deals (international and domestic law, including foreign law; bilateral and multilateral treaties; hard law and soft law), and various international dispute resolution mechanisms (including domestic litigation; commercial arbitration; and nation-to-nation dispute resolution). No prior knowledge of any of these topics is required. This course is one of the 1L required international or comparative courses and only available to first-year HLS students.

Law and the International Economy B2 (1L)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Professor Jack Landman Goldsmith
4 classroom credits LAW-16960A

This course is designed to introduce first-year students to the architecture of the international economic law system. The course will place private international economic law in its increasingly robust public international economic law context. It will examine various types of international economic deals (including private cross-border contracts; public-private investment contracts; and bilateral and multilateral economic treaties), the various types of law that regulate these deals (international and domestic law, including foreign law; bilateral and multilateral treaties; hard law and soft law), and various international dispute resolution mechanisms (including domestic litigation; commercial arbitration; and nation-to-nation dispute resolution). No prior knowledge of any of these topics is required. This course is one of the 1L required international or comparative courses and only available to HLS first-year students.

Law and the Struggle for African American Liberation 1945-1970

Fall term, Block A
M,T 8:30 AM - 10:00 AM

Professor Randall Kennedy
3 classroom credits LAW-41355A

This course will focus on the major developments that shaped the Second Reconstruction including new interpretations of federal constitutional law (see, e.g. Brown v. Board of Education), new statutes (see, e.g. the Civil Rights Act of 1964 and the Voting Rights Act of 1965), and new demands on the social order (see, e.g. "We want Black Power!"). Readings will consist of court cases, constitutional, statutory, and administrative provisions, and a heavy load of secondary readings.

The requirements of the course will consist of the following: (1) three 5-7 double-spaced papers and (2) a question that is due to me before and after each class session.

Law, Economics, and Organizations Research: Seminar

Fall/Spring term, Block E
M 12:30 PM - 2:00 PM

Professors Lucian A. Bebchuk, Louis Kaplow, and Oliver Hart (Economics Department)
2 classroom credits LAW-96250A
OR 1 credit Fall only OR 1 credit Spring only

This seminar will involve the presentation by speakers of papers in the fields of law and economics, law and finance, and contract theory. The two-credit seminar will meet for one and a half hours for two-thirds of the weeks in each of the two terms. Lunch will be served. A student may take the seminar for only one term, for one credit (2 credit fall/spring terms = LAW-96250A-1/FS, one credit fall term = Course LAW-96250A-1/F, or one credit spring term = Course LAW-96250A-1/S). The seminar is given jointly with the Economics Department, and should be taken only by students with substantial prior interest in or exposure to economic analysis. (If you have questions about this, please contact Professors Bebchuk or Kaplow.) 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. Oliver Hart is a Professor of Economics at the Economics Department.

Law, Economics, and Organizations Research: Seminar

Fall term, Block E
M 12:30 PM - 2:00 PM

Professors Lucian A. Bebchuk, Louis Kaplow, and Oliver Hart (Economics Department)
2 classroom credits LAW-96250A
OR 1 credit Fall only OR 1 credit Spring only

This seminar will involve the presentation by speakers of papers in the fields of law and economics, law and finance, and contract theory. The two-credit seminar will meet for one and a half hours for two-thirds of the weeks in each of the two terms. Lunch will be served. A student may take the seminar for only one term, for one credit (2 credit fall/spring terms = LAW-96250A-1/FS, one credit fall term = Course LAW-96250A-1/F, or one credit spring term = Course LAW-96250A-1/S). The seminar is given jointly with the Economics Department, and should be taken only by students with substantial prior interest in or exposure to economic analysis. (If you have questions about this, please contact Professors Bebchuk or Kaplow.) 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. Oliver Hart is a Professor of Economics at the Economics Department.

Law, Institutions, and Development in Early America

Winter term, Block B
M,T,W,Th,F 1:00 PM - 3:00 PM

Visiting Professor Claire Priest
2 classroom credits LAW-41245A

Lawyers, development experts, and legal scholars increasingly emphasize the importance of law and institutions to global economic development. Examples from American institutional and legal history, such as Alexander Hamilton's financial system and American property law, are frequently invoked as models for developing economies. In addition, understanding the early American legal, political, and economic climate is essential to a thorough understanding of the United States Constitution. It is arguable that the Framers of the Constitution viewed the new nation's economic framework as the most crucial issue they addressed. Yet, American legal, institutional, and economic history is rarely examined in detail.

This course examines the foundations of the American legal, political, and economic order as a case study in development. The first third of the course will analyze how the imperial structure of the British Empire and the expansion of the Atlantic economy led to the emergence of American federalism, the creation of the American law of slavery, and the reform of property and inheritance law to facilitate credit markets. It will examine the economic context of the framing of the Constitution, Hamilton's financial system, the emergence of the corporation as the dominant economic form, Thomas Jefferson's competing vision of political economy rooted in an agrarian (but radical and complex) ideal, and the creation of the American patent system. The second third of the course will examine the entrenchment of the slave labor system in the South; nineteenth century family law; the legal transformations underpinning modern capitalism; and modern historical theories of American law and economic development. The final third of the course will analyze the current leading scholarship on the role of law and institutions in modern economic development.

Grades will be based on a combination of class participation, response papers and/or a research paper.

Law, Psychology, and Morality: An Exploration through Film

Spring term, Block K/M
Th 7:00 PM - 9:00 PM, Th 5:00 PM - 7:00 PM

Professor Alan A. Stone
2 classroom credits LAW-97930A

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.

Laws, Markets, and Religions: Seminar

Fall/Spring term, Block K
Th 5:00 PM - 7:00 PM

Professor Robert C. Clark
2 classroom credits LAW-96771A
(1 credit Fall + 1 credit Spring)

This full-year seminar 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. Enrollment is limited to 20 students. Students will be required to write a short response paper about the readings for each session of the seminar. Sessions will usually be scheduled on an every-other-week basis during the fall and spring semesters.

Laws, Markets, and Religions: Seminar

Fall term, Block K
Th 5:00 PM - 7:00 PM

Professor Robert C. Clark
2 classroom credits LAW-96771A
(1 credit Fall + 1 credit Spring)

This full-year seminar 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. Enrollment is limited to 20 students. Students will be required to write a short response paper about the readings for each session of the seminar. Sessions will usually be scheduled on an every-other-week basis during the fall and spring semesters.

Lawyers in Fiction: Reading Group

Fall term, Block L
Th 5:00 PM - 7:00 PM

Visiting Professor John Leubsdorf
1 classroom credit LAW-41615A

We will read and discuss fictional depictions of lawyers, as found in novels, novel excerpts, lawyer jokes, and perhaps other writings. What do these works tells us about what lawyers are and how lawyers behave, or about how they are perceived? That will be our central concern, though we will try to avoid the very narrow focus that law school supposedly fosters and literature supposedly counters. Among those whose works might be included are Dickens, James, Kafka, Camus and Gaddis.

Leadership in the Public Sector

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Philip Heymann
3 classroom credits LAW-41790A

Lawyers are as deeply involved in political decision making as they are in judicial decision making, whether the occasion is legislation or administrative regulation or deciding on a discrete action by a governmental or other organizational unit. They also are called upon to manage public organizations. Most people learn these additional skills, if at all, through experience. There is, however, a logic that can help almost as much in understanding political choices as learning the basics of legal argument do in understanding judicial choices. The course teaches the thought process of policy choice and of management. At the same time, it provides vicarious experience in a variety of political/managerial settings through detailed case studies produced at the Kennedy School of Government. Most classes involve adopting a particular role in a specific situation and thinking through what you might want to accomplish in that role and how to go about it in that setting. The examples are from domestic and foreign policy areas and almost always involve the political structures of the United States. This course is jointly offered with the Harvard Kennedy School.

Legal History Workshop: Seminar

Fall term, Block K
Th 5:00 PM - 7:00 PM

Assistant Professor Jed Shugerman
2 classroom credits LAW-96773A

The legal history workshop gives students an opportunity to read major works in legal history, to discuss works-in-progress with the authors, and to venture into their own legal history research, for those who choose the paper-writing option. Each semester, students will participate in four meetings of the Legal History Colloquium and write short responses to the guests' papers. Students writing research papers will present their papers in the spring in the workshop. Each semester is one credit, and those who choose to write a research paper will receive an additional two credits. The Colloquium is open to legal history of any region and period, but research papers should be in American legal history. Students may enroll in fall and/or the spring.

Legal History Workshop: Seminar

Spring term, Block K
Th 5:00 PM - 7:00 PM

Assistant Professor Jed Shugerman
2 classroom credits LAW-96773A

The legal history workshop gives students an opportunity to read major works in legal history, to discuss works-in-progress with the authors, and to venture into their own legal history research, for those who choose the paper-writing option. Each semester, students will participate in four meetings of the Legal History Colloquium and write short responses to the guests' papers. Students writing research papers will present their papers in the spring in the workshop. Each semester is one credit, and those who choose to write a research paper will receive an additional two credits. The Colloquium is open to legal history of any region and period, but research papers should be in American legal history. Students may enroll in fall and/or the spring.

Legal History: American Legal Education: Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Visiting Professor Daniel R. Coquillette
2 classroom credits LAW-96770A

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.

Legal History: American Legal History, 1865 to Present

Spring term, Block G
T,W 3:15 PM - 4:45 PM

Professor Kenneth Mack
3 classroom credits LAW-41920A

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: American Legal History, 1870-1960

Fall term, Block C
M,T 10:15 AM - 11:45 AM

Professor Morton Horwitz
3 classroom credits LAW-41900A

This course is a survey of the changes in American legal doctrine, institutions and legal thought. Major topics are: The Rise and Fall of Classical Legal Thought and the Emergence of Legal Realism; The Development of Corporate Theory; The Creation of the Modern Legal Profession and Legal Education.

Legal History: English Legal History

Spring term, Block C
M,W 11:10 AM - 12:00 PM, T 10:40 AM - 12:00 PM

Professor Charles Donahue
3 classroom credits LAW-42200A

An introduction to the history of law and legal institutions in England from the Anglo-Saxons to the seventeenth century. The principal focus will be on the development of private law. No previous background in English legal history will be assumed. A short paper is required and the exam is correspondingly shorter.

J.H. Baker, An Introduction to English Legal History (4th ed. 2002) and multilithed materials.

Offered concurrently with the Faculty of Arts and Sciences and meets on Tuesdays at the Law School and Mondays and Wednesdays at FAS.

Legal History: English Legal History Seminar

Spring term, Block I
T 5:00 PM - 7:00 PM

Professor Charles Donahue
2 classroom credits LAW-96710A

An exploration of the sources of English legal history for those who wish to study the high medieval and early modern periods (roughly 1100-1600) in more depth than is possible in the introductory course. Concurrent registration in the English Legal History course, or the equivalent preparation, is required. Some materials in Latin and French will be studied, but neither language is required. Offered concurrently in the Faculty of Arts and Sciences as History 2126.

J.H. Baker, An Introduction to English Legal History (4th ed. 2002) and multilithed materials.

Offered jointly with the Faculty of Arts and Sciences as History 2126.

Legal History: The Political Economy of Modern Capitalism

Fall/Spring term, Block G/L
M 4:00 PM - 6:00 PM

Professor Christine Desan
2 classroom credits LAW-98060A
(1 credit Fall + 1 credit 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 2008 and Spring 2009 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 of twenty-five to thirty pages. Law students may write their third year papers in conjunction with the seminar. This seminar will be taught jointly with Professor Walter Johnson (FAS/History). This seminar will meet at FAS.

Legal Needs of Moderate Income Households

Fall term, Block E
T 1:00 PM - 3:00 PM

Ms. Jeanne Charn
2 classroom credits LAW-42285A
2, 3, or 4 optional clinical credits LAW-42285C Fall or Spring

The legal needs of poor households have been the near exclusive focus of public policy and government funding while the legal needs of moderate income households have been left to what the private bar can provide. These households are ineligible for most means tested safety net programs but often lack the resources to maintain themselves in the face of serious illness, divorce or other crises. This course will explore how the legal needs of moderate income people both differ from and are similar to the needs of the poor. We will focus on the role of the solo and small firm bar that that serves these clients and on market innovations designed to expand access for this demographic -- for example, pre-paid and legal insurance programs, unbundled legal services, self-help and on-line resources. We will also look at legal aid in the UK, Europe and Canada where the needs of moderate income people are a main focus of legal aid policy. In lieu of an exam, students will, in consultation with the course instructor, produce a white paper recommending policies, advocacy strategies or innovations designed to improve access for households above poverty who cannot afford to pay for legal assistance. Students may work in pairs or groups and will share preliminary concepts and research at class meetings throughout the term. Projects may, with the permission of the instructor, extend into the spring semester. Students may satisfy all or part of the J.D. writing requirement in connection with the course.

Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines. Students who are placed at the WilmerHale Legal Services Center must also take one of its 2-credit clinical workshops.

Legal Profession A4

Fall term, Block E
M,T 1:00 PM - 3:00 PM

Professor David Wilkins
4 classroom credits LAW-42300A

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. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession B3

Spring term, Block A
M,T 8:30 AM - 10:00 AM

Professor Andrew L. Kaufman
3 classroom credits LAW-42300A

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, its units of practice, and what professional life is like in the twenty-first century. 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 fifty-five students. The materials will be Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (latest edition), some supplementary materials updating the latest edition, and Professional Responsibility Standards, Rules & Statutes (Dzienkowski, latest abridged edition).

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession B4

Spring term, Block E
M,T 1:00 PM - 3:00 PM

Professor David Wilkins
4 classroom credits LAW-42300A

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. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: Delivery of Legal Services A

Fall term, Block L
T 5:00 PM - 7:00 PM

Ms. Jeanne Charn
2 classroom credits LAW-43300A
2, 3, or 4 optional clinical credits LAW-43300C Fall

High quality legal service in civil matters is beyond the financial reach of most people. This course addresses the policy 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 peer nations. The course will emphasize the professional and institutional problems of allocating scarce resources among needy claimants and the difficulty in assuring quality and a strong consumer orientation in a subsidized delivery system. We will explore 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; vouchers and low fee/"low-bono" service; and pre-paid or legal insurance systems. This course meets the professional responsibility requirement for the J.D. degree. There will be no examination but students will, in consultation with the course instructor, develop, carry out and write up a project or research paper that relates to making legal services available. Students may work on course projects individually, or in pairs or groups. Where appropriate and with permission of the instructor, completion of student projects may extend beyond the semester. Students may satisfy all or part of the J.D. writing requirement in connection with the course.

Students who would like to participate in the optional clinical must enroll through clinical registration. Students placed at the WilmerHale Legal Services Center must also take one of its 2-credit clinical workshops during the semester of clinical work. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: Delivery of Legal Services B

Spring term, Block F
W 1:00 PM - 3:00 PM

Ms. Jeanne Charn
2 classroom credits LAW-43300A
2, 3, or 4 optional clinical credits LAW-43300C Spring

High quality legal service in civil matters is beyond the financial reach of most people. This course addresses the policy 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 peer nations. The course will emphasize the professional and institutional problems of allocating scarce resources among needy claimants and the difficulty in assuring quality and a strong consumer orientation in a subsidized delivery system. We will explore 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; vouchers and low fee/"low-bono" service; and pre-paid or legal insurance systems. This course meets the professional responsibility requirement for the J.D. degree. There will be no examination but students will, in consultation with the course instructor, develop, carry out and write up a project or research paper that relates to making legal services available. Students may work on course projects individually, or in pairs or groups. Where appropriate and with permission of the instructor, completion of student projects may extend beyond the semester. Students may satisfy all or part of the J.D. writing requirement in connection with the course.

Students who would like to participate in the optional clinical must enroll through clinical registration. Students placed at the WilmerHale Legal Services Center must also take one of its 2-credit clinical workshops during the semester of clinical work. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: Ethics in Public Interest Law A1

Fall term, Block F
W,Th 1:00 PM - 2:00 PM

Visiting Professor Tomiko Brown-Nagin
2 classroom credits LAW-42300A

This course focuses on how ethical and moral considerations intersect with the practice (and theory) of public interest, social justice, or cause lawyering. The course covers several, sometimes overlapping, categories of lawyering, including civil rights lawyering; "impact" lawsuits in which litigation is used as a tool for seeking systemic reform or social change; government lawyering, whether on behalf of agencies or prosecutors' or public defenders' offices; lawyering for specific status groups such as women, gays, racial minorities; and legal services lawyering on behalf of indigent clients in civil matters. Using legal, historical, sociological, and political science readings as points of departure, the course explores questions such as: Do all lawyers, as members of an elite profession with specialized knowledge of and access to societal power structures, have a duty to promote the public interest? Is public interest lawyering limited to specific forms of advocacy, made from certain ideological standpoints, whether "liberal" or "conservative" ones, and involving particular types of causes? Whose conception of justice or the public interest should control decision-making in cause lawyering? Does and should a cause lawyer's personal identity, experiences, and opinions affect the style or substance of her advocacy? Are adversarial, collaborative, or participatory models of advocacy most appropriate for advancing particular social causes, and are lawyers well-suited to each type of advocacy? Who is the client in the contexts of impact litigation and government lawyering? How should inadequate representation be defined in the context of public interest law? How should conflicts of interest between lawyers and clients and among clients be resolved in cause lawyering?

This course satisfies the professional responsibility requirement. The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: Legal Ethics in Corporate Practice C

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 PM

Visiting Professor Tanina Rostain
3 classroom credits LAW-42300A

A large proportion of lawyers practice law in organizations and have organizations, primarily corporations, as clients. Navigating the landscape of the large law firm and the corporation requires awareness of the distinctive experience of lawyers involved in this work and of the various regulatory schemes that apply in this context. This course considers the ethical and legal challenges that arise in various types of corporate work, including incorporation, securities and regulatory counseling and compliance, transactional planning, civil litigation, internal investigations, and criminal defense. This course satisfies the Professional Responsibility requirement.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: Tactics and Ethics in Criminal A3 Litigation

Fall term, Block D
Th 10:00 AM - 12:00 PM

Professor Alan M. Dershowitz
2 classroom credits LAW-42300A

This course will take a "problem approach" to the professional responsibility of the criminal lawyer. After an introduction to the various canons, codes, and other formal and informal guides to lawyers' conduct, the students will be presented each week with an actual problem or set of problems confronted by prosecutors, retained defense attorneys and public defenders in their relationships with clients, witnesses, investigators, the police, judges, and other participants in the justice system. 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.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: The Lawyering Process A2

Fall term, Block M
M 7:00 PM - 9:00 PM

Ms. Jeanne Charn
2 classroom credits LAW-42300A
2, 3, or 4 required clinical credits LAW-42300C Fall
or previous clinical practice

This course introduces students to the challenges and rewards of civil law practice for low and moderate income clients. A significant concurrent or prior student practice experience is the primary material for all class meetings and discussions. The goals of the course are: (1) to provide a strong foundation for developing lawyering 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. Transactional work (advising, drafting, and deal-making) will be emphasized equally with litigation skills. Class meetings will discuss specific lawyering tasks such as client counseling and interviewing, investigation of claims, approaches to negotiation, argument and case presentation skills. Many class meetings will involve viewing and analyzing filmed examples of lawyer work. In every class, we will emphasize the inter-connection of the relational, ethical, and strategic dimensions of excellent lawyer work. There will be no examination but students will, in consultation with the course instructor, develop, carry out and write a report on a project or research paper that addresses an ethical or professional issue in their clinical work or that arises in the weekly class meetings or course readings. Students may work on course projects individually, or in pairs or groups. This course satisfies the professional responsibility requirement for the J.D. degree. Students may satisfy all or part of the J.D. writing requirement in connection with the course.

Either concurrent or prior clinical practice is required for admission to the course. Concurrent clinical work at the WilmerHale Legal Services Center in the Jamaica Plain neighborhood of Boston meets the course requirement. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines. Students at the Center must also take one of its 2-credit clinical workshops.

Students who have completed a clinical at the Center may enroll in either the fall or spring course and may elect to add additional clinical credits. Students may be admitted to the course with permission of the instructor upon demonstrating that they have civil practice experience substantially equivalent to the course requirement. Students with questions should e-mail the course instructor: charn@law.harvard.edu.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: The Lawyering Process B1

Spring term, Block L
W 5:00 PM - 7:00 PM

Ms. Jeanne Charn
2 classroom credits LAW-42300A
2, 3, or 4 required clinical credits LAW-42300C Spring, or previous clinical practice

This course introduces students to the challenges and rewards of civil law practice for low and moderate income clients. A significant concurrent or prior student practice experience is the primary material for all class meetings and discussions. The goals of the course are: (1) to provide a strong foundation for developing lawyering 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. Transactional work (advising, drafting, and deal-making) will be emphasized equally with litigation skills. Class meetings will discuss specific lawyering tasks such as client counseling and interviewing, investigation of claims, approaches to negotiation, argument and case presentation skills. Many class meetings will involve viewing and analyzing filmed examples of lawyer work. In every class, we will emphasize the inter-connection of the relational, ethical, and strategic dimensions of excellent lawyer work. There will be no examination but students will, in consultation with the course instructor, develop, carry out and write a report on a project or research paper that addresses an ethical or professional issue in their clinical work or that arises in the weekly class meetings or course readings. Students may work on course projects individually, or in pairs or groups. This course satisfies the professional responsibility requirement for the J.D. degree. Students may satisfy all or part of the J.D. writing requirement in connection with the course.

Either concurrent or prior clinical practice is required for admission to the course. Concurrent clinical work at the WilmerHale Legal Services Center in the Jamaica Plain neighborhood of Boston meets the course requirement. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines. Students at the Center must also take one of its 2-credit clinical workshops.

Students who have completed a clinical at the Center may enroll in either the fall or spring course and may elect to add additional clinical credits. Students may be admitted to the course with permission of the instructor upon demonstrating that they have civil practice experience substantially equivalent to the course requirement. Students with questions should e-mail the course instructor: charn@law.harvard.edu.

The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a second professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming to determine if there is overlap and if a credit reduction will apply.

Legal Profession: Traversing the Ethical Minefield B2

Spring term, Block C
M,T 10:15 AM - 11:45 AM

Mr. Lawrence J. Fox
3 classroom credits LAW-42300A

Almost every course you take in law school makes you are better able to help your clients fulfill their hopes and dreams. This course is designed to help fulfill your own professional obligations while also providing services to your clients consistent with their ethical entitlements. Through the use of hypothetical problems grounded in the real world, Susan Martyn & Lawrence Fox, Traversing the Ethical Minefield and Susan Martyn, Lawrence Fox & Brad Wendel, The Law Governing Lawyers, a standards book, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time we will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking balances among the obligations of lawyers vis-a-vis clients, lawyers as officers of the court and lawyers as citizens. Class attendance and participation is essential. There will be an open book final examination of three hours' duration. Enrollment is limited to 60 students.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

Legal Profession: Traversing the Ethical Minefield B5

Spring term, Block L
M,T 5:00 PM - 6:30 PM

Mr. Lawrence Fox
3 classroom credits LAW-42300A

Almost every course you take in law school makes you are better able to help your clients fulfill their hopes and dreams. This course is designed to help fulfill your own professional obligations while also providing services to your clients consistent with their ethical entitlements. Through the use of hypothetical problems grounded in the real world, Susan Martyn & Lawrence Fox, Traversing the Ethical Minefield and Susan Martyn, Lawrence Fox & Brad Wendel, The Law Governing Lawyers, a standards book, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time we will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking balances among the obligations of lawyers vis-a-vis clients, lawyers as officers of the court and lawyers as citizens. Class attendance and participation is essential. There will be an open book final examination of three hours' duration. Enrollment is limited to 60 students.

The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two nonclinical courses that satisfy the 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 enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a non clinical professional responsibility course will ordinarily receive one less classroom credit for their clinical course. In other situations where students take a second course that satisfies the professional responsibility requirement, the second course may be reduced by one classroom credit if there is substantial overlap in professional responsibility coverage with the first course. Students should check with the Registrar's Office if they have a question about professional responsibility requirement courses.

This course is for 1Ls and 2Ls only.

Legal Research: Advanced A

Fall term, Block C
M,T,W 10:30 AM - 12:00 PM

Ms. Virginia J. Wise
3 classroom credits LAW-42900A

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, 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: Advanced B

Spring term, Block C
M,T,W 10:30 AM - 12:00 PM

Ms. Virginia J. Wise
3 classroom credits LAW-42900A

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, 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

Spring term, Block A
M,T 8:30 AM - 10:00 AM

Ms. Virginia J. Wise
3 classroom credits LAW-43000A

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, 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 Legal Research

Fall term, Block B
W 8:10 AM - 10:10 AM

Ms. Virginia J. Wise
1 classroom credit LAW-43200A

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 Skepticism: Reading Group

Spring term, Block M
W 7:00 PM - 9:00 PM

Professor Lewis D. Sargentich
1 classroom credit LAW-46561A

Legal skepticism is disbelief in law's coherence and law's rational constraint. We will look at skeptical writings in legal theory, mainly from the American schools of legal realism and critical legal studies. The skeptical picture of law shows law to be riven by incoherence and conflict and controlled by political choice. Our question throughout: is this picture correct? Class will meet every other week for two hours, there will be no paper or exam, and class will be graded pass/fail.

Legal Writing: Advanced A

Fall term, Block G
M,W 3:15 PM - 4:15 PM

Mr. Philip Burling
2 classroom credits LAW-43410A

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.

Legal Writing: Advanced B

Spring term, Block G
M,W 3:15 PM - 4:15 PM

Mr. Philip Burling
2 classroom credits LAW-43410A

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.

Legislation

Spring term, Block F
W,Th 1:00 PM - 3:00 PM

Visiting Professor Jacob Gersen
4 classroom credits LAW-43460A

An understanding of legislative process and statutory interpretation is increasingly necessary as the influence of statutory law broadens. Solutions to many problems facing today's lawyer involve knowledge of how legislation develops in Congress and is subsequently treated by the judicial and executive branches. This course examines the historical and contemporary legislative process and the interpretation of legislative outputs and behavior by the other branches. We will emphasize the constitutional, statutory, and internal rules of procedure that regulate legislatures, along with judicial enforcement of these rules. We will also survey the major methodological and doctrinal issues of statutory interpretation by courts and agencies. The student's grade is based on a final examination.

Legislation and Regulation 1

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Visiting Professor Lisa Bressman
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 2

Spring term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor Adrian Vermeule
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts.

Legislation and Regulation 3

Fall term, Block C
M,T,W 10:15 AM - 11:30 AM

Assistant Professor Matthew Stephenson
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 4

Fall term, Block D
Th,F 10:00 AM - 12:00 PM

Visiting Professor Rachel Barkow
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts.

Legislation and Regulation 5

Spring term, Block G
M,T,W 3:15 PM - 4:30 PM

Professor Mark Tushnet
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 6

Fall term, Block B
W,Th,F 8:35 AM - 9:50 AM

Professor Mark Tushnet
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 7

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

Professor Todd Rakoff
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Local Government Law A

Fall term, Block D
Th,F 10:00 AM - 11:30 AM

Professor David Barron
3 classroom credits LAW-43500A

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. Text: Frug, Ford and Barron, Local Government Law (4th ed. 2006).

Local Government Law B

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Gerald E. Frug
3 classroom credits LAW-43500A

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. Text: Frug, Ford and Barron, Local Government Law (4th ed. 2006).

Low-Income Workers

Winter term, Block A
M,T,W,Th,F 10:00 AM - 12:00 PM

Professor Anne Alstott
2 classroom credits LAW-43635A

This course will focus on legal regimes that affect low-income workers and families. A major focus of the course will be U.S. laws and policies that attempt to increase or supplement low wages, including the EITC, other wage subsidies, and the minimum wage. Another major focus will be U.S. transfer programs that assist low-income workers, including TANF, Food Stamps, Unemployment Compensation, and Social Security. As part of our study, we will consider child care assistance and other programs that aim to assist with the costs of employment. We will also compare U.S. policies with those of other industrialized countries, and we may spend one session on efforts to unionize low-wage sectors of the workforce. Students will write several short papers.

Making Rights Real: The Ghana Project

Fall/Winter term, Block M
T 7:00 PM - 9:00 PM

Professor Lucie White
4 classroom credits LAW-43610A
(1 credit Fall + 3 credits Winter)

In this course, students will assist the Ghana Legal Resources Centre 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. 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. In the fall term, the team will meet in a workshop format to prepare for the Winter Term's work.

The application deadline has now passed, but if students wish to be considered for the waitlist they should email a statement of interest and CV to mharding@law.harvard.edu.

Mediation

Spring term
Th 4:00 PM - 7:00 PM

Mr. David Hoffman
3 classroom credits LAW-44000A
1 optional clinical credit LAW-44000C Spring

Mediation is having an increasingly profound impact on the way law is practiced in the U.S. and internationally, and clients expect both transactional lawyers and litigators to have a working knowledge of the mediation process. This course focuses on the theory and practice of mediation. Students will have opportunities to try mediating -- and serving as an advocate in mediation -- at an early stage in the course and near the end as well. The readings and discussion will address legal, ethical and policy issues arising from the use of mediation -- such as confidentiality and privilege, credentialing of mediators, the institutionalization of mediation in courts and world of business, differing styles of mediation and mediation advocacy, and the role of gender, class, culture and psychology in the mediation process. A research paper will be required in lieu of a final exam. Students will also do some writing during the semester about the readings -- approximately one page per week. Enrollment is limited to twenty-four students. There will be an optional 8-hour mediation training session on Sunday, February 15, led by Mr. Hoffman, with several experienced mediators serving as role play coaches. Text: Goldberg, Sander, Rogers and Cole, Dispute Resolution (5th ed. 2007), and photocopied materials.

Up to five students may participate in the optional Spring clinical. Placements are at the Harvard Mediation Program (HMP) for one clinical credit. HMP students must complete an additional three days of training in February, mediate or observe in small claims court in the Boston area every week during the Spring semester, and work one hour per week in the HMP office. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

Mergers and Acquisitions

Spring term, Block D
Th,F 10:00 AM - 11:30 AM

Professor John C. Coates
3 classroom credits LAW-43900A

A merger or large acquisition is often the most significant event in the life of a firm and can have dramatic consequences for all of a firm's constituencies--from shareholders, directors, and managers to employees, customers, and communities. Lawyers and the law play critical roles in how mergers and acquisitions are evaluated, structured, and implemented. The course covers corporate and securities law issues relevant to mergers and acquisitions of large public companies, including the Williams Act, proxy rules, state case law, and important forms of private ordering (such as poison pills, lockups and earnouts). It also touches on basics of accounting, tax, and antitrust relevant to a lawyer working on such transactions. The approach is practical rather than theoretical, and the focus is on law, not finance.

Mergers and Acquisitions Workshop: Boardroom Strategies and Deal Tactics

Winter term, Block B
M,T,W,Th,F 1:00 PM - 3:00 PM

Visiting Professor Mark Gordon
2 classroom credits LAW-43901A

Successful M&A lawyers (and bankers) provide leadership and judgment in the boardroom and tactical execution at the negotiating table. Taught by a Mergers & Acquisitions partner at Wachtell, Lipton, Rosen & Katz, this workshop is intended to give students exposure to both the macro strategic issues faced by directors in M&A situations (buy-side and sell-side; hostile, friendly and crisis) as well as the tactical issues involved in negotiating acquisition agreements and other transaction documents. Topics to be explored include how buyers select, and then woo, their targets and what tactics buyers might pursue to keep the price low and eliminate competition; how target boards respond to acquisition overtures and evaluate bids; how to best structure a sale or auction of a public company; management-led buyouts and the potential for conflicts of interest; and negotiating key provisions of an acquisition agreement, such as representations, "deal protection", closing conditions, walk-away rights and related penalties, and deal financing.

The workshop will be based around real transactions, and make use of real transaction documents. Students will be expected to make presentations and participate in class discussions and mock strategy and negotiating sessions. Some sessions may feature guest speakers who have been involved in recent deals.

Prerequisites: Corporations. Students who have taken Mergers & Acquisitions will be given enrollment priority, however, M&A is NOT a prerequisite.

Mergers, Acquisitions and Split-Ups

Fall term, Block L
M,T,W 5:00 PM - 7:00 PM

Professor Robert C. Clark and Chancellor Leo E. Strine, Jr.
4 classroom credits LAW-43900A

This course, co-taught by a corporate law professor (who is also a director) and a member of the Delaware Court of Chancery, will focus on the state law affecting corporate mergers and acquisitions (including both third-party and going-private deals), and divestitures such as spin-offs and split-ups. It will also deal substantially with merger agreements, considered as contracts, and with the business aspects of breakup plans. The course will have a practical bent and will address the real-world problems faced by parties contemplating, attempting, or resisting acquisitions and divestitures, as well as the policy dilemmas faced by courts called upon to assess such transactions. To further this goal, several classes may involve the participation of leading practitioners. Please note that, while most classes will be held on Mondays and Tuesdays, some sessions of this course will be scheduled to occur on Wednesdays during the same course block (5 pm to 7 pm). Accordingly, students in the course should not plan on enrolling in any other course or seminar that is held at this time. Prerequisites: JD students should have already taken Corporations; LLM students should have had a comparable basic business organization course, or relevant background and experience, or should be contemporaneously taking the basic Corporations course; cross-listing Business School students (whom the co-teachers very much welcome) need not have taken Corporations; cross-listing students from other parts of Harvard should seek permission from Professor Clark.

Moral Order and the Irrational: Freud and Nietzsche

Fall term, Block K
Th 5:00 PM - 7:00 PM

Professors Richard Parker and Alan Stone
2 classroom credits LAW-97351A

This seminar will reexamine selected texts of Nietzsche (1844-1900) and Freud (1856-1939), two thinkers who challenged the moral order on the basis of claims that they had unmasked the natural order and revealed the human condition. The work of the seminar will involve a close and critical reading of the texts that challenged traditional authority and shaped the moral skepticism of the twentieth century.

Students will be required to submit 4 brief critical papers (1500 words) dealing with the assigned readings in the course of the seminar. The papers will be distributed prior to each seminar and serve as a focus for discussion. Regular attendance and active participation is expected. No one will be admitted to the class from the waiting list who does not attend the first session.

Mutual Fund Regulation

Fall term, Block D
F 10:00 AM - 12:00 PM

Mr. Eric Roiter
2 classroom credits LAW-47080A

Mutual funds, with over $10 trillion of assets under management, are the primary vehicle through which investors in the United States invest in U.S. and foreign businesses and participate in the U.S. securities markets. In this two-credit course, we will review the regulation of mutual funds under the Investment Company Act of 1940 and state law, taking into account the policies and purposes underlying the 1940 Act as well as practical issues encountered by lawyers who advise mutual funds and fund boards of directors. Areas that we will cover include (i) the legal tests for investment company status, (ii) the negotiation of mutual fund management fee contracts and the role of the fund board in that process, (iii) various limits imposed on the type and level of investments by mutual funds, (iv) capital structure of mutual funds and the special requirements imposed under federal law, (v) the marketing and distribution of mutual funds, (vi) the governance structure for mutual funds, (vii) mutual funds as institutional investors, and (viii) hedge funds and other alternatives to mutual funds.

The course is intended not only for those students who seek a basic grounding in the laws governing mutual funds, but also for those who seek an understanding of how mutual fund regulation fits within the broader context of corporate law and regulation.

You will not be required to purchase any materials for this course. The course materials consist of READINGS FOR MUTUAL FUND REGULATION, which I have assembled and edited. A bound volume will be provided to each student, along with a compendium of relevant statutory materials.

National Security Law

Fall term, Block L
W 5:00 PM - 7:00 PM

Mr. James Baker
2 classroom credits LAW-44067A

This seminar will address the law governing national security investigations and related litigation. Topics will include electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act (FISA) and the Protect America Act (PAA), detention and interrogation of suspects, National Security Letters and other investigative tools, and the handling of classified information at trial, through, for example, the Classified Information Procedures Act (CIPA). National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. The seminar will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Participation in a half-day investigative exercise and several short papers are required. This seminar is by permission of the instructor only and students should submit a statement of interest to annapierce@law.harvard.edu by September 1. The class is not open to 1Ls.

Natural Law and Positive Law: Reading Group

Fall term, Block M
W 7:00 PM - 9:00 PM

Professor Lewis D. Sargentich
1 classroom credit LAW-46562A

We will look briefly at the classical debate between exponents of natural law (Thomas Aquinas) and positive law (John Austin). Then we will focus on debates in contemporary jurisprudence between legal positivists (H.L.A. Hart, Joseph Raz) and their opponents (Lon Fuller, Ronald Dworkin, John Finnis). The question throughout is: what is law's relation to morality? Class will meet every other week for two hours, there will be no paper or exam, and class will be graded pass/fail.

Negotiation and Mediation: Clinical Workshop

Spring term, Block I
T 5:00 PM - 7:00 PM

Assistant Clinical Professor Robert C. Bordone and Mr. Stephan Sonnenberg
1 classroom credit LAW-44105A
2, 3, or 4 required clinical credits LAW-44105C Spring

This 1-credit seminar is the required classroom component for students doing work through the Negotiation Clinical Program during the Spring of 2009. Students will read and discuss works related to the various models for conducting conflict assessments, designing dispute systems, and working as a lawyer to be an effective deal-design architect. In addition, readings and discussions will focus on the practical and ethical quandaries and special challenges faced by professionals in conflict resolution, mediation, and dispute systems design. Some sessions will require students to present problems related to the clinical work in which they are currently engaged to the members of the class for discussion and brainstorming. The class will meet every other week.

Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Negotiation Workshop B

Spring term
W,Th 3:00 PM - 7:10 PM

Assistant Clinical Professor Robert C. Bordone with Ms. Florrie Darwin, Mr. Matthew Smith, Mr. Stephan Sonnenberg, and Ms. Gillien Todd
4 classroom credits LAW-44100A

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 120 students who will be divided into five 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 25 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

Winter/Spring term, Block A/B
M,T,W,Th,F 9:00 AM - 6:00 PM

Professor Robert Mnookin with Ms. Erica Fox, Ms. Kathy Holub, Ms. Linda Netsch, Mr. Douglas Stone and Visiting Professor Alain Verbeke
4 classroom credits LAW-44100A
(3 credits Winter + 1 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, 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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend 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 24 each. 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. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due mid March. During the first week of the Workshop, 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 dependant on the policies of their home school. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

Negotiation Workshop C

Winter/Spring term, Block A/B
M,T,W,Th,F 9:00 AM - 6:00 PM

Professor Robert Mnookin with Ms. Erica Fox, Ms. Kathy Holub, Ms. Linda Netsch, Mr. Douglas Stone and Visiting Professor Alain Verbeke
4 classroom credits LAW-44100A
(3 credits Winter + 1 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, 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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend 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 24 each. 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. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due mid March. During the first week of the Workshop, 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 dependant on the policies of their home school. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

Negotiation Workshop C

Winter/Spring term, Block A/B
M,T,W,Th,F 9:00 AM - 6:00 PM

Professor Robert Mnookin with Ms. Erica Fox, Ms. Kathy Holub, Ms. Linda Netsch, Mr. Douglas Stone and Visiting Professor Alain Verbeke
4 classroom credits LAW-44100A
(3 credits Winter + 1 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, 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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend 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 24 each. 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. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due mid March. During the first week of the Workshop, 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 dependant on the policies of their home school. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

Negotiation Workshop C

Winter/Spring term, Block A/B
M,T,W,Th,F 9:00 AM - 6:00 PM

Professor Robert Mnookin with Ms. Erica Fox, Ms. Kathy Holub, Ms. Linda Netsch, Mr. Douglas Stone and Visiting Professor Alain Verbeke
4 classroom credits LAW-44100A
(3 credits Winter + 1 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, 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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend 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 24 each. 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. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due mid March. During the first week of the Workshop, 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 dependant on the policies of their home school. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

Negotiation Workshop C

Winter/Spring term, Block A/B
M,T,W,Th,F 9:00 AM - 6:00 PM

Professor Robert Mnookin with Ms. Erica Fox, Ms. Kathy Holub, Ms. Linda Netsch, Mr. Douglas Stone and Visiting Professor Alain Verbeke
4 classroom credits LAW-44100A
(3 credits Winter + 1 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, 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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend 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 24 each. 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. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due mid March. During the first week of the Workshop, 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 dependant on the policies of their home school. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

Negotiation Workshop C

Winter/Spring term, Block A/B
M,T,W,Th,F 9:00 AM - 6:00 PM

Professor Robert Mnookin with Ms. Erica Fox, Ms. Kathy Holub, Ms. Linda Netsch, Mr. Douglas Stone and Visiting Professor Alain Verbeke
4 classroom credits LAW-44100A
(3 credits Winter + 1 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, 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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend 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 24 each. 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. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due mid March. During the first week of the Workshop, 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 dependant on the policies of their home school. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

Open Education: Learning and Giving in the Online World: Seminar

Spring term, Block D
Th 10:00 AM - 12:00 PM

Professor Charles Nesson
2 classroom credits LAW-97855A

Using freerice.org as a central case study, this seminar covers fundamental questions about learning in an open-access world. What motivates people? What is the situational psychology of being bored? How are values learned? What is the role of skepticism? What are some alternatives for supporting learning and giving?

This seminar will be given for credit in the spring; there will also be two organizational sessions in the fall, which include contribution toward a supervised paper.

Open to all Schools of Harvard.

Patent Law

Fall term, Block E
M,T 1:00 PM - 2:30 PM

Assistant Professor Benjamin Roin
3 classroom credits LAW-44250A

This course covers the core aspects of United States patent law, including the patentability standards (utility, novelty, non-obviousness, and enablement), infringement and remedies. The course emphasizes the basic legal principles of patent law and the patent system's role in promoting innovation. Materials will consist of Robert Merges and John Duffy, Patent Law and Policy (4th ed. 2007) and supplementary readings available through the course homepage.

Popular Books on the Supreme Court: Reading Group

Fall term, Block L
M 5:00 PM - 7:00 PM

Visiting Professor Lisa Bressman
1 classroom credit LAW-46656A

In this reading group, we will read popular books about the Supreme court, including several recent ones. We will examine the extent to which these books contribute to our understanding of the workings of the Court and the approaches of the individual Justices. We will also contrast the differences among the books as vehicles for informing a general, non-legal audience about the operation of the court.

Poverty Law

Spring term, Block E
M,T 1:00 PM - 2:30 PM

Professor Lucie White
3 classroom credits LAW-44575A
2, 3 or 4 optional clinical credits LAW-44575C Fall or Spring, or 2 Winter

This course will cover the basics of U.S. poverty law, policy, and advocacy. We will use a hands-on approach to learn how substantive poverty law works in practice. We will study the transformations of poverty law in the New Deal and 1960s and take a brief look at the history of the poor laws in England. Finally, we will enter the debates on whether poverty law stigmatizes disadvantaged groups or makes us complacent about economic inequality.

Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Power of Prosecutors: Reading Group (The)

Fall term, Block F
W 1:00 PM - 3:00 PM

Visiting Professor Rachel Barkow
1 classroom credit LAW-44582A

This course will explore the power of criminal prosecutors at all levels of government (federal, state, and local). We will focus in particular on the charging power, plea bargaining, and the prosecutor's power to control the sentence. After exploring these broad powers, we will consider possible mechanisms for checking prosecutorial discretion.

This reading group will meet for two hours on September 3, 10, 24 & October 1, 8 & 15.

Practical and Theoretical Regulation of Voting

Fall term, Block G/X
W,Th 3:30 PM - 5:00 PM

Assistant Professor Jim Greiner
3 classroom credits LAW-35255A

This course, which will be cross-listed with the Government Department and co-taught by Kevin Quinn, will focus on theories of voting behavior, laws and regulations that govern the voting process, and empirical techniques used to study this area. A series of case studies, including redistricting examples from the deep South as well as exit polling from the City of Boston, will illustrate concepts.

Students may not take this course and Election Law and Administration: Reading Group offered by Visiting Professor Tokaji because of the overlap.

Practical Lawyering in Cyberspace: Seminar

Fall term, Block J
W 5:00 PM - 7:00 PM

Clinical Professor Phillip Malone
2 classroom credits LAW-98141A
2, 3, or 4 optional clinical credits LAW-98141C Fall or Spring, or 2 Winter

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes and other actual demonstrative materials, the seminar covers the practical lawyering skills essential for the successful and effective representation of clients in a wide variety of disputes in the field of Internet law. The seminar's subject matter will cover issues including intellectual property, speech, privacy, competition and other core Internet law themes. This seminar will condense and weave together a broad range of experiences students ultimately may encounter in the actual practice of law in this burgeoning area with the core doctrinal and theoretical principles of the relevant areas of law. Accordingly, special emphasis will be placed on decision-making and counseling skills; clear and persuasive writing, drafting and negotiating skills and, most importantly; critical and strategic thinking and analysis. During the seminar, students will become familiar with the fundamentals of practical lawyering in the context of cutting-edge substantive issues drawn from actual litigation and reported cases, many of them still unfolding as the seminar progresses. At appropriate moments in the term, outside specialists may be brought in to enhance the students' understanding of the complex interplay between substantive and practical issues. (During previous semesters, for example, Facebook's chief privacy officer discussed legal issues facing the company and the nuances of the relationship between in-house counsel and outside counsel; a top Justice Department official responsible for cyber-crime, an experienced Assistant U.S. Attorney who prosecutes major, high-tech cases, and the head of the Massachusetts Attorney General's high-tech unit led students through the complexities of investigating and prosecuting crimes in the Internet and intellectual property areas; and a noted computer scientist who has testified in major antitrust and patent cases helped explore the role and challenges of expert witnesses in Internet-related litigation). This seminar is particularly appropriate as an offering for those students who intend to take, or have taken, the Clinical Program in Cyberlaw at the Berkman Center.

Students who would like to participate in the optional clinical must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Predatory Lending/Consumer Protection Clinical Workshop A

Fall term, Block L
Th 5:00 PM - 7:00 PM

Mr. Roger Bertling and Ms. Karen Tseng
2 classroom credits LAW-44795A Fall
2, 3, or 4 required clinical credits Fall, or 2 Winter LAW-44795C

The Predatory Lending/Consumer Protection Clinical Workshop is a required component of a clinical placement in the Predatory Lending/Consumer Protection Clinic at the Legal Services Center. Students in this clinic defend against foreclosures and commence affirmative litigation against banking institutions, sub-prime lenders, servicers of loans, home improvement contractors, brokers and foreclosure rescue scam artists; and also represent consumers in Chapter 7 and Chapter 13 bankruptcies as well as in all facets of litigation on significant consumer issues, such as automobile financing, utility disputes, credit card, fair lending and fair credit reporting issues. The Workshop introduces students to the substantive law germane to the clinic's areas of practice, offers training in the skills needed to effectively litigate, (such as depositions, motion drafting and oral argument) and provides the opportunity for students to think globally about their cases and to discuss the larger policy framework. In a series of "mini-rounds," held throughout the semester, students present their cases to their peers and garner feedback on how to best approach all aspects of their cases. This Workshop closes with individual presentations by each student on a case, policy issue, or research topic. Students will be graded based upon their participation in class and their presentations.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Predatory Lending/Consumer Protection Clinical Workshop B

Spring term, Block L
Th 5:00 PM - 7:00 PM

Mr. Roger Bertling
2 classroom credits LAW-44795A Spring
2, 3, or 4 required clinical credits LAW-44795C Spring

The Predatory Lending/Consumer Protection Clinical Workshop is a required component of a clinical placement in the Predatory Lending/Consumer Protection Clinic at the Legal Services Center. Students in this clinic defend against foreclosures and commence affirmative litigation against banking institutions, sub-prime lenders, servicers of loans, home improvement contractors, brokers and foreclosure rescue scam artists; and also represent consumers in Chapter 7 and Chapter 13 bankruptcies as well as in all facets of litigation on significant consumer issues, such as automobile financing, utility disputes, credit card, fair lending and fair credit reporting issues. The Workshop introduces students to the substantive law germane to the clinic's areas of practice, offers training in the skills needed to effectively litigate, (such as depositions, motion drafting and oral argument) and provides the opportunity for students to think globally about their cases and to discuss the larger policy framework. In a series of "mini-rounds", held throughout the semester, students present their cases to their peers and garner feedback on how to best approach all aspects of their cases. This Workshop closes with individual presentations by each student on a case, policy issue, or research topic. Students will be graded based upon their participation in class and their presentations.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Predatory Lending/Consumer Protection Clinical Workshop B

Spring term, Block L
Th 5:00 PM - 7:00 PM

Mr. Roger Bertling
2 classroom credits LAW-44795A Spring
2, 3, or 4 required clinical credits LAW-44795C Spring

The Predatory Lending/Consumer Protection Clinical Workshop is a required component of a clinical placement in the Predatory Lending/Consumer Protection Clinic at the Legal Services Center. Students in this clinic defend against foreclosures and commence affirmative litigation against banking institutions, sub-prime lenders, servicers of loans, home improvement contractors, brokers and foreclosure rescue scam artists; and also represent consumers in Chapter 7 and Chapter 13 bankruptcies as well as in all facets of litigation on significant consumer issues, such as automobile financing, utility disputes, credit card, fair lending and fair credit reporting issues. The Workshop introduces students to the substantive law germane to the clinic's areas of practice, offers training in the skills needed to effectively litigate, (such as depositions, motion drafting and oral argument) and provides the opportunity for students to think globally about their cases and to discuss the larger policy framework. In a series of "mini-rounds," held throughout the semester, students present their cases to their peers and garner feedback on how to best approach all aspects of their cases. This Workshop closes with individual presentations by each student on a case, policy issue, or research topic. Students will be graded based upon their participation in class and their presentations.

A clinical practice component is required of all students. Clinical placements will be at the WilmerHale Legal Services Center. Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (www.law.harvard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Problems and Theories

Winter term, Block A
M,T,W,Th,F 9:00 AM - 11:00 AM

Professors Todd D.Rakoff and Joseph W. Singer
2 classroom credits LAW-44592A

Lawyers spend most of their time trying to solve their clients' problems. What sorts of problems do lawyers solve? How do they solve them? What intellectual constructs do they bring to bear? What practical judgments? This workshop-style course will help answer these questions by giving you a chance to practice confronting client problems the way lawyers do, from the very beginning, before the facts are all known, before the client's goals are clarified, before the full range of options is explored, and before a course of conduct is chosen. You will undertake these tasks by working in teams on a number of different problems in different lawyering settings. You will also be writing short memos of the kind written by practicing lawyers, identifying facts that need to be gathered, questions the client needs to answer, options that should be considered. You will also write memos interpreting laws that impinge on the problem and recommending a course of action. You may also be asked to engage in simulated interviews of clients. Evaluation will be based on these memos, as well as class participation; there will be no exam. The course is intended to help prepare you for the actual practice of law by allowing you actively to engage in the sorts of discussions and activities that occupy real lawyers every day, combining their knowledge of law with practical judgment to help clients attain their goals within the bounds of the law. It is also intended to help you become the kind of thoughtful practicing lawyer who can see the theoretical issues lurking in everyday events. Enrollment is limited to 50.

Professional Services

Fall term, Block E
T 1:00 PM - 3:00 PM

Professor Ashish Nanda
2 classroom credits LAW-44452A

This course aims to help students understand how to lead professional service firms (PSFs) effectively and how to be successful as professionals. It is meant to be useful whether you work as a solo-practitioner or in an established PSF, such as a law firm, an investment bank, or a consulting firm. Through studying the dynamics of PSFs and the skills that are essential to professional success, the course will help you understand what it takes to be an effective professional and a member of a thriving PSF. The course is organized in five modules: professionalism, positioning and alignment, organizational strategy and processes, developing and leading professionals, and succeeding as professionals.

Our primary learning tool will be the business school case study method. The case studies typically take a longitudinal perspective that follows professionals and their enterprises over extended periods of time. This affords us the opportunity not only to determine the sources of performance at any given time, but also to identify the capabilities and processes that sustain success over time, and to learn how PSFs react to change. The cases are situated in several different service settings (accounting, consulting, investment banking, medicine, and law). To maximize benefit from the case discussion process, case protagonists or external experts will attend several of the class sessions and engage in the discussion and reflection process. The sessions mostly will be organized as class discussions based on printed cases. Several of the sessions will include mini-lectures on concepts of relevance to professionals and PSFs. The course will also include some exercises to provide students with the skills that will allow them to evaluate PSFs and chart their own careers within these organizations effectively.

The class will be limited to 50 participants.

Property 1

Spring term, Block C
T,W 10:15 AM - 12:10 PM

Professor Kenneth Mack
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; the role of property law in producing and remedying racial and economic inequality; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 2

Fall term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor Charles Donahue
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the inception and transfer of right to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Donahue, Kauper and Martin, Property: An Introduction to the Concept and the Institution (3d ed., 1993) and multilithed materials.

Property 3

Fall term, Block D
Th,F 10:00 AM - 12:00 PM

Professor Joseph William Singer
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 4

Spring term, Block F
W,Th,F 1:00 PM - 2:15 PM

Professor Yochai Benkler
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 5

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

Professor Bruce H. Mann
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 6

Spring term, Block F
W,Th,F 1:00 PM - 2:15 PM

Visiting Professor Bethany Berger
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 7

Spring term, Block G
M,T,W 3:15 PM - 4:30 PM

Professor Henry Smith
4 classroom credits LAW-14100A

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Psychiatry and the Law

Winter term, Block B
M,T,W,Th,F 1:00 PM - 4:00 PM

Professor Alan A. Stone
3 classroom credits LAW-44600A

This course will examine the recent developments in mental health law, civil commitment, the right to refuse treatment, competency to stand trial, the insanity defense, recovered memory, and psychiatric malpractice. Psychiatric materials will be examined in detail in an effort to analyze the medical model of mental illness and its limitations for legal purposes. Examples of material to be studied: the major psychoses, suicide, recovered memory, obsessive compulsive disorder, the sexually violent predator, and the psychiatric concepts of the sociopath. Consideration will also be given to various psychiatric treatments and their possible abuse; e.g., drugs, behavior modification, electro-shock therapy, and psychosurgery. Photocopied materials.

Public International Law (1L)

Spring term, Block D
Th,F 10:00 AM - 12:00 PM

Visiting Professor Jeffrey Dunoff
4 classroom credits LAW-16950A

This course examines the legal rules and institutions that govern and influence international relations; our focus will encompass both legal doctrine and the politics of international law. After studying the sources of international law and the key international legal actors and institutions, we will examine a series of topics, including: the role of international law in domestic legal systems; international norms governing trade, human rights, and the environment; the laws of war; and norms governing the use of force. We will conclude with an examination of the legitimacy and relevance of international law to international relations, including the war on terror. Throughout, our focus will be on current international issues and the extent to which international law does or should affect the behavior of states.

Public Law Workshop: Seminar

Fall/Spring term, Block F
W 1:00 PM - 3:00 PM

Professors Jack Landman Goldsmith and Daryl Levinson
4 classroom credits LAW-98070A
(2 credits Fall + 2 credits Spring)

The Public Law Workshop will provide an introduction to public law scholarship and give students an opportunity to learn more generally about the scholarly enterprise. The workshop will be especially valuable to students who are interested in academic careers. The topical focus this year will be constitutional law, international law, and the relationship between these two fields.

Over the course of this two-semester seminar, roughly half the sessions will be devoted to discussion of work by invited faculty speakers from Harvard and other institutions. Discussions in the remaining sessions will address foundational and current scholarship in constitutional and international law and in allied disciplines in the social sciences and humanities. Students will be expected to prepare short weekly papers on the assigned reading and to participate in the workshop and seminar discussions.

Admission to the public law workshop is by application to Professor Levinson. Students who wish to enroll should submit a resume, transcript, and a brief statement explaining their interest to Professor Levinson's assistant, Alyssa Lary (alary@law.harvard.edu), by August 20.

Puzzles of Moral and Legal Responsibility: Reading Group

Spring term, Block M
W 7:00 PM - 8:30 PM

Professor John Goldberg
1 classroom credit LAW-44615A

The identification of a person or entity as being "responsible" for some outcome or state of affairs is a basic concern of both law and morality. This class will examine puzzles that attend the assignation of responsibility, including: (1) conflicts over whether, when, and how to treat actors as free agents or as afflicted by circumstances outside their control; (2) whether attributions of responsibility are necessarily tied to notions of blame or shame; (3) the differences, if any, between assigning responsibility for a bad outcome and fairly allocating losses associated with those outcomes; and (4) the senses in which business and political entities, as opposed to individuals, can be rightly deemed responsible for events or outcomes.

This reading group will begin on February 11, and will meet every week through April 8 (excluding Wednesday, March 25).

Race and Property: Reading Group

Spring term, Block L
W 5:00 PM - 7:00 PM

Visiting Professor Bethany Berger
1 classroom credit LAW-41391A

This reading group will discuss historical cases and materials showing involving the intersection between race and property in American law. Particular attention will be paid to the role of property in leading to distinctions in the legal treatment of racialized groups, including Asians, African Americans, Mexicans, and American Indians.

Race Relations and the Presidential Election of 2008

Fall term, Block F
W 1:00 PM - 3:00 PM

P