2009-10 Course Catalog (Print View)

Administrative Law

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

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

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

Professor Todd D. Rakoff
3 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

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

Visiting Professor Anne Joseph O'Connell
3 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.

Advanced Clinical Practice

Fall/Spring 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. The class will meet on alternating weeks.

Students may waive up to two clinical credits per semester. Clinical grading is credit/no credit.

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 2009-2010 will automatically be enrolled in this seminar and clinical.

Advanced Clinical Practice

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

Advanced Constitutional Law: (How) Does/Can Constitutional Argument Move Us?

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

Professor Richard D. Parker
2 classroom credits LAW-38365A

Constitutional lawyers make constitutional argument. It is meant to persuade -- or at least to move -- its audience. But does it? Can it? Or do we respond to constitutional argument mostly by reference to the outcome advocated or which "side" it seems to be on? To the extent that it does or can move us -- how?

The course will have three equal parts. For four classes, we'll consider prominent accounts of how argument can and does move its audience. Then, we'll select four cases decided during the Supreme Court's last Term; students will edit the opinions in those cases; and will apply to them, and extend, ideas developed in the first part of the course. Finally we'll pick four cases to be decided in this year's Term; students will edit briefs filed in those cases; and we'll continue our inquiry in that context.

The course will be open to 25-30 students. The grade will be based on a short paper, the editing of opinions and briefs, and class participation.

Advanced Negotiation Theory: Seminar

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

Visiting Professor Lawrence Susskind
2 classroom credits LAW-97305A

Seminar that will focus on the theory and practice of resolving values-based (as opposed to interest-based) disputes, particularly in a legal context. The class will experiment with three new role play simulations developed by the Program on Negotiation at Harvard Law School. Guest speakers will include experienced ADR professionals. Emphasis will be on philosophical and psychological dilemmas as well as cross cultural considerations.

Prerequisites: Students need to have completed the HLS Negotiation Workshop or the equivalent 11.255 at MIT.

Jointly listed with MIT (11.257). Enrollment limited to 15 students.

Advanced Research Seminar on Law and Policy

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

Professor Mark Moore (Harvard Kennedy School)
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.

America's Fiscal Future: Reading Group

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

Professor Mihir Desai (Harvard Business School)
1 classroom credit LAW-30505A

This reading group will explore the fiscal position of the U.S. and the potential for fundamental tax reform in the next decade. We will begin with an assessment of the current budget and present forecasts for the evolution of public debt. The fiscal structure of the U.S. will be contrasted with other major developed economies. Major reform alternatives will be analyzed with particular attention on the creation of a value-added tax (VAT) and the experience of other economies in implementing a VAT. Students should emerge with an understanding of the current fiscal structure of the U.S. and the major fiscal policy choices facing the U.S.

American Indian Law

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

Visiting Professor Robert Anderson
3 classroom credits LAW-30530A

This course covers the history and fundamentals of federal Indian law in the United States. Topics include the relative bounds of federal, tribal and state jurisdiction over Indian country; hunting, fishing and gathering rights; Indian reserved water rights; and settlement of Alaska Native land claims.

American Jury (The)

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

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

With 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 was once the bulwark of our liberty and the foundation of our law. Our class will engage the jury as history and practice. We will find it sick, institutionally speaking, weakened by racism wrapped in legalism, and urgently in need of competent legal representation, which we will seek to provide.

Eclectic readings, audio-visual assignments, group work, supervised paper.

American Legal History: History of Economic Regulation

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

Professor Morton J. Horwitz
3 classroom credits LAW-41900A

What is the history of two ideas about enterprises that have come to dominate contemporary policy discourse - "too big to fail" and "high risk of causing systemic failure?", We will study the history of both industrial and financial regulation in order to try to answer these questions.

Topics include the history of regulatory agencies from the Inter State Commerce Act (1887) through the Federal Reserve Act (1913) through the New Deal as well as anti-trust regulation before and after the Sherman Act (1890). We will also examine the history of financial regulation before and after the establishment of the Federal Reserve System

Above all, we seek to extract from these materials the changing ideas of regulation as they developed over more than a century.

Analytical Methods for Lawyers

Fall term, Block A
M,T 8:40 AM - 10:10 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

Spring term, Block G
M,T,W 3:20 PM - 4:40 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.

Animal Law

Spring term, Block A
M,T 8:40 AM - 10:10 AM

Mr. Paul Waldau
3 classroom credits LAW-30550A

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

Antitrust Law

Fall term, Block G
M,T,W 3:20 PM - 4:40 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 materials will be Areeda, Kaplow, and Edlin, Antitrust Analysis: Problems, Text, and Cases (Aspen Sixth Edition 2004), the 2009 supplement prepared over the summer.

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 concepts such as peer-production and user-generated innovation. We will then examine relevant 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. 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 Microsoft decisions and investigations, and the Korean Fair Trade Commission Microsoft case regarding software tying and interoperability. A major portion of the seminar will be analyze some of the most challenging issues presented by the intersection of antitrust and intellectual property law in technology markets, including comparative US and European treatment of unilateral refusals to license intellectual property; patent thickets, cross-licenses, and pools; reverse payments and other agreements to settle patent litigation; and the evolving antitrust implications of conduct in the context of industry standard-setting organizations.

Throughout the course, we will evaluate the similarities and differences between US, EU and other laws 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, economic and legal academic literature, enforcement Agency hearings and speeches, and actual litigation and appellate materials from relevant cases.

Prerequisites: An overview course or other prior seminar in antitrust law, or other substantial familiarity with basic antitrust principles, is a prerequisite.

Art of Social Change: Child Welfare, Education and Juvenile Justice (The)

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

Professor Elizabeth Bartholet and Ms. Jessica Budnitz
2 classroom credits LAW-30691A

This course deals with strategies for changing law and policy, focusing on the areas of child welfare (abuse and neglect, foster care, adoption both domestic and international), education, and juvenile justice. We will bring into the classroom as visiting lecturers leaders from the worlds of policy, practice, and academia -- people who have themselves operated as successful change agents, and who represent different disciplines, career paths, and strategies for change. We will explore some of the most significant reform initiatives in our targeted areas, and debate with the speakers and each other how best to advance children's interests. Receptions will follow the class meetings, enabling students to talk informally with the visiting speakers, as well as with the HLS Faculty and those from the Boston-area child advocacy community who form a regular part of our audience. Each student will have the opportunity to attend one of the dinners involving the visiting speakers, the faculty, and interested others, that will take place after the reception. See http://www.law.harvard.edu/academics/cap/ for a schedule of the speakers and topics for last year's course.

Course requirements consist of brief questions/reactions related to the readings and class presentations, turned in weekly.

This course is part of the Child Advocacy Program (CAP), whose other courses are: Child, Family, and State, the Child Advocacy Clinic, and the Future of the Family seminar. Students participating in this Art of Social Change 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 CAP courses is encouraged but not required.

Cross-registrants are welcome.

Bankruptcy

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

Professor George G. Triantis
4 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.

Bankruptcy

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

Professor Mark J. Roe
4 classroom credits LAW-31400A

This basic bankruptcy course covers the major facets of bankruptcy that influence business financing transactions. Much of the deal-making in a financing transaction is negotiated in anticipation of a possible reorganization in Chapter 11 or of a private reorganization in its shadow. For many lawyers, contact with bankruptcy law is anticipatory and not in front of the bankruptcy judge. When feasible, students will read not just bankruptcy court opinions and the Bankruptcy Code, but materials that financing lawyers use day-to-day: a bond indenture, a prospectus, a complaint in a loan dispute, and SEC submissions. Students will ordinarily participate in a simulated Chapter 11 reorganization.

The readings come from Roe, Bankruptcy and Corporate Reorganization (Foundation Press, 2007).

Bargaining with the Devil: Negotiation and the Problem of Evil: Seminar

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

Professor Robert H. Mnookin
2 classroom credits LAW-90225A

In a conflict with an adversary that one perceives as evil, should one resist or instead negotiate? This issue arises in international affairs (should the U.S. negotiate with Iran? With Cuba? With North Korea?), in business disputes (my joint venture partner has betrayed me; I will sue and never settle!) and in family conflicts (consider bitter divorces or brutal inheritance battles.) Radically conflicting claims are heard. Some say that to bargain with the devil risks soiling your soul, and rewarding unworthy behavior. Other say you should always be willing to negotiate because only through negotiation can you make peace and minimize the costs in blood and treasure of war or litigation. This seminar will explore the challenge of making wise decisions about when to negotiate and when to refuse. Readings will be drawn from psychology, philosophy, political science and religion, and the seminar will explore the core question by using case studies from different contexts. Readings will include draft chapters from Professor Mnookin's forthcoming book on this subject. (Enrollment will be limited to 16)

Business and Human Rights: Reading Group

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

Visiting Professor Jamie O'Connell
1 classroom credit LAW-31495A

International human rights norms traditionally have constrained the behavior only of states, not of private actors. However, a growing number of activists, academics, politicians, and businesspeople themselves believe that private, for-profit enterprises must respect at least some human rights. Opinion on the extent and nature of businesses' responsibilities varies widely, and some maintain the traditional view that human rights are inapplicable.

This reading group will explore both overarching questions in this emerging field and issues particular to certain industries or contexts. The former include whether businesses should devote attention to human rights issues, what legal and business considerations should guide them, and how much they really can influence human rights conditions. We will examine the latter through case studies on such topics as extractive industries, operating in the midst of war, addressing corruption, and respecting labor rights. For example, the international outcry over Shell Oil's failure to stop the 1995 execution of community activists by the Nigerian government, and Shell's subsequent overhaul of its human rights policies, illuminate a number of problems that oil companies often face.

Business Strategy for Lawyers

Spring term, Block A
M,T 8:40 AM - 10:10 AM

Professor Kathryn Spier
3 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.

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 several short written assignments, periodic evaluations, and a final exam.

Business Strategy in the Entertainment Industry: Reading Group

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

Professor Kathryn Spier
1 classroom credit LAW-31715A

This reading group will explore corporate and competitive strategies in the entertainment industry. The readings will include primarily business school case studies describing the competitive challenges faced by entertainment companies including record companies, movie studios, live-performance venues, casinos, and sports concerns. The course will cover topics such as the structure of deals and contracts, firm scope, copyright protection and piracy, and electronic distribution. After a brief organizational meeting during the first week, the reading group will meet every other week for a total of six two-hour sessions. Enrolled students must commit to attend and participate in all six meetings.

Admission to this reading group is by permission of the instructor. Interested students should submit a one-page statement of interest and a curriculum vitae/resume to Professor Spier's assistant, Susan Norton (snorton@law.harvard.edu), with the course name in the subject line. Applications will be considered on a rolling basis until the class is full.

Capital Punishment in America

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

Professor Carol Steiker
3 classroom credits LAW-31980A
Optional clinical credits LAW-31980C (2 Winter + 2, 3, or 4 Spring)

This course considers the legal, political, and social implications of the practice of capital punishment in America, with an emphasis on contemporary legal issues. The course will frame contemporary questions by considering some historical perspectives on the use of the death penalty in America and by delving into the moral philosophical debate about the justice of capital punishment as a state practice. It will explore in detail the intricate constitutional doctrines developed by the Supreme Court in the three decades since the Court "constitutionalized" capital punishment in the early 1970's. Doctrinal topics to be covered include the role of aggravating and mitigating factors in guiding the sentencer's decision to impose life or death; challenges to the arbitrary and/or racially discriminatory application of the death penalty; the ineligibility of juveniles and persons with mental retardation for capital punishment; limits on the exclusion and inclusion of jurors in capital trials; allocation of authority between judges and juries in capital sentencing; and the scope of federal habeas review of death sentences, among other topics. The course will also consider the role of executive clemency and pardons in the administration of capital punishment. Finally, the course will conclude by again widening the lens and addressing the anomalous and "exceptional" status of American retention of capital punishment in the developed West and the proper role of international practices and legal materials on the future of the practice of capital punishment in America.

Up to 12 students may participate in the clinical component, which will require clinical work in the Winter and Spring semesters. Clinical grading is credit/no credit. 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.

Child Advocacy Clinic

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

Ms. Jessica Budnitz
2 classroom credits LAW-32080A
3 or 4 required clinical credits 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 a 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 (http://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. 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 (http://www.law.harvard.edu/academics/cap/clinic/index.php) 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 an 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 2009-10 include: (1) Art of Social Change: Child Welfare, Education, and Juvenile Justice and (2) Child, Family, and State. Enrollment in these 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.

Early add/drop deadline: This clinical course has early add/drop deadlines. For students in the winter-spring clinic, the add/drop deadline is Friday, November 6. For students in the spring clinic, the add/drop deadline is Friday, December 4.

Notes: Enrollment in the course will be capped at 24 students. There are no pre-requisites for the course. In the event the course is over-subscribed, 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 9:50 AM - 11:50 AM

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

This course addresses the complex legal, technological, and social questions created by the 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 who enroll in the optional clinical will work in the Berkman Center's Cyberlaw Clinic either before or while they take the seminar. At the clinic, students will supplement their educational experience by working for real clients on matters that involve child protection as well as an Internet or technological component. 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 registration dates and early add/drop deadlines.

Child, Family, and State

Fall term, Block C
T,W 10:30 AM - 12:00 PM

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.

Civil Procedure 1

Fall term, Block C
M,T,W 10:20 AM - 11:40 AM

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 2

Fall term, Block B
W,Th,F 8:20 AM - 9:40 AM

Assistant Professor D. James Greiner
4 classroom credits LAW-10100A

This course covers what should, should not, and does happen when someone files (or considers filing) a civil lawsuit.

Civil Procedure 3

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

Professor Christine Desan
4 classroom credits LAW-10100A

This course examines the theory and practice of civil litigation, and the rules and statutes that govern the process by which substantive rights and duties are enforced in federal and state courts. Special attention is paid to the goals, values, costs, and tensions underlying an evolving adversarial system of adjudication. Topics include the proper reach of judicial authority, personal and subject matter jurisdiction, pleading, motions practice, joinder of parties and claims, pretrial discovery, the relationship of procedure to substantive law, trial by jury, post-trial procedure, Erie, and claim and issue preclusion.

Civil Procedure 4

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

Civil Procedure 5

Fall term, Block G
M,T,W 3:20 PM - 4:40 PM

Visiting Professor Tobias B. Wolff
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 A/C
M,T 10:00 AM - 12:00 PM

Visiting Professor James Pfander
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 7

Fall term, Block G
M,T,W 3:20 PM - 4:40 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.

Class Actions and Other Aggregate Litigation

Spring term, Block D
Th,F 10:20 AM - 11:50 AM

Visiting Assistant Professor Morris Ratner
3 classroom credits LAW-32312A

This course will study the theory and practice of class action and other aggregate 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 and other aggregate litigation to the specific doctrines of complex litigation practice, including jurisdiction, certification, choice of law, overlapping suits and multi-district litigation practice, notice, remedies, settlement, 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.

Climate Change Justice

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

Visiting Professor Michael Vandenbergh
2 classroom credits LAW-32325A
2, 3, or 4 optional clinical credits Fall LAW-32325C

This course will focus on the challenge of reducing the risk of catastrophic climate change while addressing problems of social justice, with an emphasis on the potential structure of a global climate change agreement. The rationales for achieving global climate and justice goals, the major sources of stocks and flows of greenhouse gases, and the relationship between greenhouse gas emissions and poverty will be explored. Proposed public and private policy architectures and measures for reducing carbon emissions and alleviating poverty will be evaluated. The course will involve lectures, class discussion, and student presentations.

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 website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, add/drop deadlines, and other clinical information.

Colorblindness: Seminar

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

Visiting Professor Ian F. Haney Lopez
2 classroom credits LAW-92135A

This seminar closely engages with colorblindness as it has developed over the last four decades. Although it gives some attention to the origins of colorblindness during Reconstruction and its use by racial advocates during the early Civil Rights Movement, the class gives primary emphasis to how this racial stance has been articulated by the Supreme Court since roughly 1970. To understand both the contemporary rise as well as the wider social impact of colorblindness, the seminar takes a broad approach, reading leading cases, giving significant time to legal commentary drawn from both the constitutional and critical race theory genres, and also considering historical as well as sociological scholarship.

Commercial Law: Secured Transactions

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

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

Secured credit has fueled the American economy. The details and the consequences of secured credit has been a major preoccupation of everyone who has been dealing with the current economic crisis. This course, which used to be one of the five required 2L courses, deals primarily with understanding what secured credit is all about -- the 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 (6th ed. Aspen 2006); Warren, Statutory Supplement (latest edition).

Commercial Law: Secured Transactions

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

Visiting Professor Lynn LoPucki
3 classroom credits LAW-32200A

Secured credit -- in the form of bank lending, mortgages, and asset securitizations -- is at the core of the financial crisis. 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.

Communications and Internet Law and Policy

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

Professor Yochai Benkler
3 classroom credits LAW-32381A

The course discusses the emergence of the networked information economy and society, and the ways in which law and policy shape both economic relations and political values in the digital environment. The course will discuss the physical layer of the Internet, telecommunications law and the Federal Communications Commission; the logical layer, free software, and regulation of technological design; cultural production and its regulation and challenges; politics and the shape of the networked public sphere; and other-then-salient questions that will allow us to explore the core challenges raised by and for the digitally-networked environment.

Community Action for Social and Economic Rights

Fall/Spring term, Block M
T 7:00 PM - 10:00 PM

Professor Lucie E. White
5 classroom credits LAW-32370A (3 Fall + 2 Spring)
Optional clinical credits LAW-32370C (2 Winter or 2, 3, 4 Spring)

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 short theory paper, a community-based project, and, with other students, facilitating a class session. The course will continue to meet in the spring semester on Wednesdays from 5-7pm.

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

Students who would like to participate in the optional winter or spring clinical must enroll through clinical registration (if interested in a fall clinical, please contact the instructor). Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, add/drop deadlines, and other clinical information.

Comparative Constitutional Law

Spring term, Block D
Th,F 9:50 AM - 11:20 AM

Professor Frank I. Michelman
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.

Prerequisites: Prior completion of Constitutional Law A or B, or prior completion of a basic course in the constitutional law of a country other than the United States.

Comparative Corporate Governance Research: Seminar

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

Professors Reinier Kraakman and Mark Roe
2 classroom credits LAW-91315A
(1 classroom credit Fall + 1 classroom credit Spring)
Fall Term: Friday 3:00 PM - 5:00 PM
Spring Term: Wednesday 1:00 PM - 3:00 PM

This seminar, given in association with the LLM corporate governance concentration, will investigate topics in corporate governance, often from a comparative perspective.

This seminar is by-permission of the instuctors.

Comparative Federalism: Seminar

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

Ms. Katerina Linos
2 classroom credits LAW-93045A

This seminar will review major theoretical justifications of federalism and examine how federal systems function in practice. Topics will include competition between state governments, policy experimentation and learning, federalism and inequality, and democratic representation in federations. Many of the materials will be drawn from empirical research on the U.S. states and other industrialized countries, with examples from employment, environmental, corporate, tax and civil rights laws. Students will be asked to prepare brief written comments on each week's readings.

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

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

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 8:40 AM - 10:10 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.

Conflict of Laws

Spring term, Block D
Th,F 9:50 AM - 11:20 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 50 students and enrollment will be limited to 2L, 3L, and LLM students; 1Ls are not eligible to take this course.

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

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

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.

Constitution, Interstate Commerce, and Alcohol: From Prohibition To Internet Wine Sales (The)

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

Professor Bruce L. Hay
1 classroom credit LAW-33645A

This course examines the legal and policy issues in the regulation of alcohol, emphasizing problems in the state regulation of the interstate market. We will give particular attention to current legal controversies, notably the problem of internet wine sales. The course will be a mix of constitutional law and social and economic policy. It will be taught with the participation of Tracy Genesen of Kirkland & Ellis, who has represented many American wineries in recent federal and state litigation. The course will meet for two hours every other week. The course is for one credit; and additional one or two writing credits are available.

Constitutional Law Advanced: Borders of the Constitution: Seminar

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

Professor Gerald L. Neuman
2 classroom credits LAW-91753A

This seminar will examine closely debates concerning to whom, where, and when U.S. constitutional rights and protections apply, from the Alien and Sedition Act controversy to the current "war on terrorism." Issues of personal status (slaves, prisoners, children, soldiers, ...), territorial status and extraterritoriality, wars and other emergencies will be discussed in historical and contemporary perspective, including exemplary judicial decisions and comparisons with the international human rights regime. Requirements include regular attendance and participation, two short reaction papers, and a final seminar paper. Prerequisite: completion of the basic course in Constitutional Law: Separation of Powers, Federalism and Fourteenth Amendment.

Constitutional Law: First Amendment

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

Professor Charles Fried
4 classroom credits LAW-21100A

The First Amendment: speech, press, assembly, petition and religion. The course is not open to students who have taken courses in Constitutional Law that have included coverage of the First Amendment.

Constitutional Law: First Amendment

Spring term, Block F
Th,F 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. The course will be taught largely through lectures, with some discussion and time for Q&A exchanges in each class. Students should be aware before enrolling in the course 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. Enrollment is limited to 80.

Constitutional Law: First Amendment

Fall term, Block B
W,Th,F 8:20 AM - 9:40 AM

Professor Mark Tushnet
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 of Religion. There is no prerequisite.

Constitutional Law: First Amendment

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

Professor Richard D. 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

Fall term, Block D
Th,F 9:50 AM - 11:50 AM

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: Separation of Powers, Federalism, and Fourteenth Amendment

Fall term, Block C
M,T,W 10:20 AM - 11:40 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. This class is primarily, though not exclusively, a lecture class. If you prefer wide-open class conversation, this is probably not the best class for you.

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

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Professor Michael Klarman
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.

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

Fall term, Block G
M,T,W 3:20 PM - 4:40 PM

Professor Gerald L. Neuman
4 classroom credits LAW-21000A

This course is one of the two basic courses in the field of U.S. constitutional law. It focuses on the process of judicial review, the separation of powers and federalism, and on the Fourteenth Amendment's Equal Protection and Due Process Clauses.

The examination will be in-class and open book.

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

Spring term, Block G
M,T,W 3:20 PM - 4:40 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 Norms in Times of Emergencies: Reading Group

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

Visiting Professor Sanford Levinson
1 classroom credit LAW-33595A

In some ways, this is the successor to earlier reading courses I've given at HLS on torture and, last year, on "constitutional dictatorship" John Marshall wrote, in McCulloch v. Maryland, that the durability of the Constitution in effect depends on our ability to "adapt" it to "the various crises of human affairs." The obvious question is when "adaptation" could also be described as "betrayal" of the basic norms that presumably justify, as a normative matter, the Constitution (or any constitution) in the first place. The issue, of course, is not a new one. We will meet six times over the course of the semester and begin by exploring some classic political theorists, including Machiavelli and John Locke, as well as looking at the writings of some of the key members of the Founding Generation, including Madison, Hamilton, and Jefferson. Any discussion of constitutional emergencies must confront Abraham Lincoln and the events of 1861-65, and then we will move on to the modern era, including various post-World War II presidents and presidencies. I anticipate that the readings will run roughly 50-75 pages/meeting. I have come to the conclusion from previous reading groups that the discussions would probably be more focused if each session began with the presentation of short "reaction papers" (750-1000 words) to the assigned readings by one or two students. Assuming we have a full complement of twelve students and six meetings, this would mean, say, that each person would be responsible for one such response paper (ungraded) during the semester.

Consumer Finance

Spring term, Block E/G
M,T 1:15 PM - 4:15 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?

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. To enroll in this class with the optional clinical, register during clinical registration. 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. Students working at this clinic must also enroll in an additional 2-credit spring workshop, Predatory Lending and Consumer Protection Clinical Workshop.

Jointly offered with Harvard Business School.

Contracts 1

Fall term, Block D
Th,F 9:50 AM - 11:50 AM

Visiting Professor Albert H. Choi
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 C
M,T,W 10:20 AM - 11:40 AM

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 3:20 PM - 4:40 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 4

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

Professor Charles Fried
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

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Professor Robert H. Mnookin
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

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Professor Einer R. Elhauge
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. Topics covered include: 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 D
Th,F 9:50 AM - 11:50 AM

Professor Randall L. Kennedy
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 F
W,Th,F 1:00 PM - 2:30 PM

Visiting Professor Julie Cohen
4 classroom credits LAW-33800A

This course will examine the law of copyright and its role within the overall framework of intellectual property law. Topics covered will include the requirements for copyrightability; the rights that copyright law confers on authors and exceptions and limitations to those rights; the secondary liability of technology and communications providers; and issues surrounding the technological protection of copyrighted works.

We will give special consideration to the challenges posed by new technologies and information products and to the increasing globalization of copyright law. Materials will consist of Cohen et al., Copyright in a Global Information Economy, and additional readings made available through the course home

This course will NOT meet on October 29 & 30, or on November 6 & 13. The regular meeting time has been extended to make up for the cancelled classes.

Copyright

Spring term, Block F
W,Th,F 1:00 PM - 2:20 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 in an online 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.

Copyright and Trademark Litigation: TRO to the Supreme Court

Fall term, Block D
Th 9:50 AM - 11:50 AM

Ms. Dale Cendali
2 classroom credits LAW-47292A
2, 3, or 4 optional clinical credits Fall LAW-47292C

The class will analyze the practical and policy issues involved with copyright and trademark litigation from the beginning of a case where emergency injunctive relief might be sought, to its potential end at the U.S. Supreme Court. Substantive areas of copyright and trademark law will include fair use, nominative fair use, dilution, the role of the First Amendment, the theory behind injunctive relief, the nature of irreparable injury, trademarks as a form of property right and the special nature of Supreme Court litigation. Real-life cases the instructor has litigated will be use to illustrate points.

While no prior courses in IP are necessary as the course will provide any necessary foundation, students with an interest/background in IP will best be able to appreciate the course.

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

Corporate and Securities Law Policy

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

Professors Lucian A. Bebchuk and Mr. Holger Spamann
3 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 differences in corporate and securities laws 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. The course will meet for 18 two-hour sessions during the semester. Outside speakers will speak on current issues in corporate and securities law policy in some of the sessions. 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. Mr. Holger Spamann is executive director of the Harvard Law School's Program on Corporate Governance.

Corporate Finance

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

Professors Reinier H. Kraakman and Allen Ferrell
4 classroom credits LAW-34000A

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

No prerequisites but a corporations course is strongly advised.

Corporate Governance of the Public Firm

Spring term, Block C
M,T,W 10:20 AM - 11:20 AM

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

In this course we will consider current academic thinking about corporate governance and ownership, divided among these topics: the business structure of the firm, the role of institutional investors in the public corporation, the foundations for venture capital markets, the role of gatekeepers in the Enron and related scandals, major differences in large firm corporate governance around the world, current thinking on jurisdictional competition in producing corporate law, and shareholder primacy. Prerequisite or co-requisite: Corporations or equivalent exposure to corporate law.

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

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

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

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

Spring term: Block G
W 3:00 PM - 5:00 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 get an overview of legal and business aspects of the three entities. For these few sessions, we'll meet during the Friday class make-up slot.

Corporate Reorganization

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

Mr. Martin Bienenstock
1 classroom credit LAW-34131A

Corporate Reorganization explores the dynamics and components of rescuing distressed businesses. These components include corporate governance, Sarbanes-Oxley, game theory, chapter 11, statutory interpretation, Constitutional boundaries of the bankruptcy power, finance, and litigation. The course revolves around consideration of actual reorganizations involving single-asset real estate companies, auto manufacturers, steel manufacturers, targets of mass torts (asbestos), financial companies, international companies, and unionized companies.

Corporations

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 (3rd edition: 2009).

Corporations

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

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

Spring term, Block C
M,T,W 10:20 AM - 11:50 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

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

Creation of the Constitution

Winter term, Block A
M,T,W,Th,F 9:00 AM - 12:00 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 F
Th,F 1:00 PM - 2:30 PM

Professor Carol Steiker
3 classroom credits LAW-34210A

The subject of this course is the criminal process "from bail to jail." Topics include bail and pretrial detention, prosecutorial discretion, defendants' right to the effective assistance of counsel, plea bargaining, discovery, the right to a jury and jury selection, double jeopardy, and appellate review. With respect to all these topics, the goal is to understand three things: (1) the governing law, (2) how legal doctrine shapes the application of criminal law on the ground, and (3) what role prosecutors and defense attorneys play in America's unsystematic criminal justice system.

Criminal Justice Workshop: Seminar

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

Professor Carol Steiker and Assistant Professor Adriaan Lanni
2 classroom credits LAW-92015A
(1 credit fall + 1 credit spring)

This seminar is geared toward students interested in reading and discussing legal scholarship on issues related to criminal justice and will be especially useful to students interested in pursuing careers in legal academia in the broad field(s) of criminal justice. The seminar will meet for 2 hours every other week during both the fall and the spring semesters. During both semesters, criminal justice scholars of varying methodologies will be invited by the professors to present their work to the seminar for discussion (and other members of the community will be invited to attend, as well). Students will be expected to write short weekly response papers and to do at least one short oral presentation. There is no exam for this course. Enrollment by written application to the professors; limited to 20.

JD applicants should submit a short (not more than a page) statement of interest to Professor Steiker's assistant, Kristin Flower, at kflower@law.harvard.edu by July 1. LL.M. applicants by July 10.

Criminal Law 1

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Professor John C.P. Goldberg
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. Theoretical questions about the sources and scope of government's authority to punish will also be addressed.

Criminal Law 2

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

Professor Alan M. Dershowitz
4 classroom credits LAW-12100A

This course will introduce students to the criminal process. It will begin by looking at one case in detail, from the first news reports of a killing through the trial and the appeal. It will then move to a brief survey of the rights of criminal defendants under the Constitution. The majority of the course will be devoted to the general part of the criminal law: act, intention, result. It will then focus on several crimes in particular: murder, rape, attempt and conspiracy. Its goal is to introduce students to the general principles underlying our criminal justice system and to prepare them to participate in that system as prosecutors, defense attorneys, judges, legislators and informed citizens.

Criminal Law 3

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

Visiting Professor Maximo Langer
4 classroom credits LAW-12100A

This course covers selected topics in substantive criminal law: principles underlying the definition of crime such as the requirements of actus reus and mens rea and general doctrines such as ignorance of fact and ignorance of law, causation, attempt, complicity and conspiracy. Principles of justification and excuse are examined with particular attention to the doctrines of necessity, intoxication, and insanity. The substantive offense of homicide is extensively reviewed, and from time to time other offenses. Throughout, emphasis is placed on the basic theory of the criminal law and the relationship between doctrines and the various justifications for imposition of punishment.

Criminal Law 4

Fall term, Block C
M,T,W 10:20 AM - 11:40 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, causation 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

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

Professor Lloyd L. 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. The course will conclude with a general overview of the criminal process. Professor Weinreb will use Weinreb, Criminal Law (7th ed.) and supplementary materials.

Criminal Law 6

Spring term, Block G
M,T,W 3:20 PM - 4:40 PM

Assistant Professor Adriaan Lanni
4 classroom credits LAW-12100A

This course considers the basic themes of substantive criminal law. General doctrinal principles of the criminal law and illustrative crimes are studied, usually including the following topics: defenses, insanity, conspiracy, attempts, and aspects of the law of homicide and rape. The course also considers select aspects of criminal procedure, including prosecutorial discretion, plea bargaining, and sentencing.

Criminal Law 7

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Visiting Professor Erin Murphy
4 classroom credits LAW-12100A

This course explores the basic themes of substantive criminal law, including the purposes of punishment, the act requirement, intent, causation, gradation of penalties, mitigation, and selected defenses. We will cover general doctrinal principles such as attempt, conspiracy, and accomplice liability, along with specific substantive doctrines such as homicide and rape. Although cases constitute our primary materials, we will also pay close attention to statutes, rules, and policies, with a particular focus on the task of statutory interpretation. This course also briefly touches upon criminal justice administration, including foundational material on the relevant institutions, procedures, and actors.

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

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

Professor Lloyd L. 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 compulsory self-incrimination), and the right to counsel, as well as some recent investigative techniques like DNA testing and electronic surveillance of public spaces. Attention will be given to the actual conduct of police investigation, aside from constitutional considerations. Weinreb, Leading Constitutional Cases on Criminal Justice (2009 ed.)

The class is not open to 1L students.

Crisis, Globalization, and Economics

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

Professors Roberto Mangabeira Unger and Richard B. Freeman (Faculty of Arts and Sciences)
2 classroom credits LAW-34215A

This course examines the present global financial and economic crisis, and reconsiders economic theory and policy in its light.

The course begins with a study of world economic crises, from the 1930s to today. It goes on to examine how today's slump has spread from financial markets to labor and product markets and from the United States to the world.

The analysis of crises provides an opportunity to consider the nature, the limitations, and the future of economic theory. We discuss the intellectual history of efforts to understand the causes of economic busts in the context of fundamental ideas about how economies work and grow. We address proposals for the reform of the relation between finance and the real economy as examples of a larger task: the institutional reconstruction of market economies, to make them more inclusive as well as less susceptible to breakdown. The aim is to rethink the methods of economics as well as the organization of the economy.

Readings from the literature of economic and political theory and policy.

Jointly offered by the Law School and the Faculty of Arts and Sciences.

Richard B. Freeman is the Herbert Ascherman Professor of Economics in the Faculty of Arts and Sciences.

Critical Theory in Legal Scholarship: Seminar

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

Professor Janet Halley
2 classroom credits LAW-92465A

The goal of this seminar will be to help students imagine writing projects of their own which put critical theory from the humanities and from legal studies "to work" in understanding some concrete dimension of the law. Readings will be a selected range of "classics" in literary, social and legal theory, paired with remarkable examples of legal-academic writing strongly engaged with them. Our discussions will aim for mastery of the former and a nuanced understanding of the interventions and methods exemplified by the latter. The target audience of this Seminar is students with ambitions to write legal scholarship -- whether 1L's at the very beginning of their thinking in this direction, or LLM's writing scholarly papers, or 2L's and 3L's in the early, middle or late stages of framing an academic project. SJD's are welcome to audit. Students may write 6 short response papers or submit substantial writing within their own scholarly endeavors.

Current Issues in Corporate Theory: Seminar

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

Professor Reinier H. Kraakman
2 classroom credits LAW-92200A

This seminar examines a rotating set of issues in corporate theory and legal policy. This year it will focus on private equity, the governance of financial institutions, executive compensation, and cross-national convergence in corporate law and governance. In each area, seminar readings will be economically oriented, and will usually include an element of cross-national or historical comparison. Although training in economics or empirical methods is not required, the seminar readings assume some interest in -- and/or tolerance for -- these disciplines. The only real prerequisite for the seminar is a course in corporate law, at Harvard or elsewhere.

Current Issues in Executive Compensation and Corporate Governance: Seminar

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

Professor Jesse Fried
2 classroom credits LAW-92435A

This seminar examines academic and other policy-oriented writings on corporate governance, focusing largely (but not exclusively) on ongoing efforts to improve executive compensation and corporate governance at widely-held U.S. firms. In most sessions, two students will be assigned to present a particular policy proposal or analysis, two other students will be assigned to present a critique, and the remaining students will be asked to offer comments. Assignments for these presentations will be made in in the fall.

Cybercrime: Seminar

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

Clinical Professor Phillip Malone
2 classroom credits LAW-92485A
2, 3, or 4 optional clinical credits LAW-98141C Fall or Spring, or 2 Winter

As cell phones, the internet and an array of personal computing devices have become increasingly ubiquitous in our society, so have such technologies also become either the means or the object of a wide range of criminal activity. Many of the most challenging developments in criminal law and procedure now arise in the context of crimes that involve the internet or computers. This seminar will explore how technology, and the social and cultural changes it has brought about, challenge our traditional approaches to criminal law and procedure, in particular core concepts such as knowledge and intent, causation, and justification or excuse. We will approach the subject of cybercrime from both doctrinal and policy standpoints. The seminar will review relevant statutes including the federal Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, the Wiretap Act, and federal anti-gambling laws, and will consider conduct such as hacking, data and identity theft, online fraud, phishing, economic espionage, harassment and cyberbullying, and cyberstalking. We will devote substantial attention to electronic surveillance, search and seizure and evidentiary issues, with an emphasis on differing expectations of privacy in an online world, on notions of self-incrimination through compelled disclosure of passwords or access controls, on the difficulties of balancing privacy interests against valid law enforcement interests and on unique authentication and admissibility challenges posed by digital and online evidence.

Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are at the Cyberlaw clinic at the Berkman Center for Internet and Society. 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.

Cyberlaw: Difficult Problems

Winter term

Professor Jonathan Zittrain
2 classroom credits Winter LAW-34285A
2, 3, or 4 optional clinical credits Spring LAW-34285C

This course will explore difficult problems in cyberlaw, presented by guests who must grapple with them. Guests will include academics, technologists, businesspeople, regulators, and social entrepreneurs whose puzzles may require solutions that span disciplines and approaches. Students' final contributions will be to make progress on one of the problems.

IMPORTANT NOTE: The course is jointly offered with Stanford Law School, and will meet at Stanford. Students from Harvard will have air transportation and lodging in Silicon Valley provided for the time they are in residence there during January term.

Students must be prepared to take an active role in planning and executing the course, and to embrace experimentation in course format and with new technologies. Prerequisites: at least one course in cyberlaw or copyright.

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

Students interested in enrolling in this course can access the application web site at http://cyber.law.harvard.edu/forms/cyberlaw2010.cgi to apply. The deadline for non-LLM applications is September 15.

Cyberwarfare and Cybercrime: Seminar

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

Professor Jack Landman Goldsmith
2 classroom credits LAW-92495A

This seminar will analyze the legal and policy issues implicated by the use of computers and computer networks as instruments or arenas for criminal activity and warfare between nations. The first few weeks of the seminar will be devoted to intensive background reading, but then during the bulk of the semester we will hear presentations from major thinkers in this field from government, academia, and the private sector.

Admission to the seminar will be based on applications to Professor Goldsmith (jgoldsmith@law.harvard.edu) indicating background expertise and interest in this field. Grades will be based on the quality of student participation and on a 15-20 page research paper due at the end of the term.

Jointly offered with Harvard Kennedy School (CCJ-107).

Debating Race and American Law

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

Visiting Professor Ian F. Haney Lopez
3 classroom credits LAW-41395A

Students in this course will argue some of the most important contemporary questions regarding race and American law. Intended as an introduction to the subject and combining readings in critical race theory as well as major race cases, the course is organized along historical and thematic lines. Using a debate format and working together in teams, students will prepare and deliver arguments and respond to questions on topics that include: reparations for slavery; identity politics and the elevation of race over gender; whether affirmative action is invidious discrimination; the use of "national security" as a justification for aggressive, color-conscious immigration laws; whether the concept of "race" in antidiscrimination law must be understood to include aspects of class and culture; and jury nullification. Enrollment is limited to 30 students. There will be an "any day" take-home exam. Performance on the debate may count as a grade tiebreaker. Students on the wait list should attend the first day of class.

Democracy: Of, By, and for the People: Reading Group

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

Ms. Stephanie Robinson
1 classroom credit LAW-34305A

Democracy is about much more than universal suffrage and free, fair, and regular elections. It is about committing to certain core values, to a system of belief and action that is best captured by Lincoln's maxim: democracy of, by, and for the people.

Toward that end, in the context of the public square and political life we will focus on: (1) community life, (2) self governance, and (3) accountability to the common good. Students will prepare periodic "one-pagers" on mutually agreed upon topics. The readings, in the main, will consist of texts that interrogate the ways in which democracy, as practiced in the United States, continues to form.

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
2, 3, or 4 optional clinical credits LAW-92792C Fall

Lawyers are often called upon to help design systems for managing and/or resolving conflicts that support or supplant existing legal structures. 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 individuals, institutions, organizations, and nations become more aware of the ever-rising cost of conflict (in economic, relational, and human terms), many are seeking to design and implement systems to manage disputes with greater effectiveness and efficiency. Though lawyers have traditionally been viewed 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 special opportunity for lawyers to serve 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 may include an examination of the 9/11 Compensation Fund, university harassment policies, transitional justice programs and truth commissions in the aftermath of atrocities, 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. Clinical placements are at the Harvard Negotiation and Mediation Clinical Program. 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.

Economic Analysis of Contract Law: Seminar

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

Visiting Professor Albert Choi
2 classroom credits LAW-92795A

This seminar will examine various contract rules and doctrines using the tools of microeconomics. We will read and critically examine both classic and more recent articles in contract law and the economic theory of contracts. Topics will include the theory of incomplete contracts, contractual externality, contract formation under asymmetric information, vagueness in commercial contracts, and the rules of interpretation. Some familiarity with microeconomics is recommended. Grade will be based on several, 3-5 page reaction papers to be submitted throughout the semester.

Prerequisite: Contracts

Economic Analysis of Law

Fall term, Block A
M,T 8:40 AM - 10:10 AM

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

What effects does law have? Do individuals 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 important 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 -- tort law, property 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.

Education Advocacy and Systemic Change: Children at Risk Clinical Workshop

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

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

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.

All students in this workshop are required to do a concurrent clinical, with placements at the Education Law Clinic/Trauma Learning Policy Initiative. Enrollment will occur during 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.

Education Advocacy and Systemic Change: Children at Risk Clinical Workshop

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

Education Law and Policy: Seminar

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

Visiting Professor Katharine Silbaugh
2 classroom credits LAW-93710A

This seminar considers the legal and policy framework of K-12 public education. During the first two-thirds of the meetings, we will study school desegregation; school finance; achievement gap and equity reforms; school choice, charters, and vouchers; single-sex public education and other identity-based schooling; standardized testing; and the federal No Child Left Behind Act. We will give particular consideration to questions of equity and achievement. We will then create working groups that will develop a topic for further research, evaluation, and problem-solving, and present their work in person and in writing to the class.

Education Reform Movements

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

Mr. Michael Gregory
2 classroom credits LAW-35246A

This course will explore major reform movements in American public education and, particularly, the role that law and lawyers have played in these movements. We will examine the vision each movement has offered for improving our schools and the assumptions, explcit or implicit, each movement has made about the role of public education in a democracy. We will explore both the possibilities and challenges of using law and the legal system as tools for reforming schools. Readings will be interdisciplinary and consist of a mixture of cases, statutes, historical accounts, theoretical pieces, and first-person narratives. Reform movements considered will include desegregation, special education, standards-based reform, and charter schools, among others. Students enrolling in this course are strongly encouraged to also consider enrolling in the clinical course Education Advocacy and Systemic Change: Children at Risk Clinical Workshop, and can do so separately through clinical registration.

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 small 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 that contributes previously unknown findings to a policy debate. Papers from prior seminars are posted at http://tinyurl.com/ml758u
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), or federal court case files (available through PACER). Suggestions for projects are posted on the seminar website at http://tinyurl.com/nvsrfy
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)?

Empirical Law and Economics

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

Professors Alma Cohen and Allen Ferrell
2 classroom credits LAW-35263A

This course will consider a range of issues in empirical law and economics. Empirical methods are increasingly used in legal practice and policy. The aim of this course will be to give students a sense of the empirical methods that have been applied to the study of legal issues, the key issues to which such methods have been applied, and how to evaluate and criticize such empirical studies. Among the subjects we may cover are empirical work on how criminal activity is influenced by capital punishment, use of guns, imprisonment, and police activity; the presence of discrimination and the effects of anti-discrimination laws; the effects of rules (e.g, drinking restrictions, mandatory seat belt use, etc.) on traffic fatalities; the effects of divorcee rules; and the effects of governance provisions on firm value and behavior; and the estimation of damages in securities litigation. Special attention will be given to efforts to identify causality. Some session will feature speakers who do current empirical research. Readings will be mainly from articles in law reviews and economics or finance journals. There will be no examination. Instead, students will be asked to submit, before sessions, a brief memo on the assigned readings as well as to make some presentations in class. Grades will be based on these memos and presentations as well as on class discussion. Open to students who have had some basic exposure to empirical methods and to other students with the permission of the instructors. Enrollment limited to 32.

Employment Law

Fall term, Block D
Th,F 9:50 AM - 11:50 AM

Assistant Professor Benjamin Sachs
4 classroom credits LAW-35300A

In this 4-credit course, we will examine the laws that govern and structure the employment relationship in nonunion workplaces. As such, the course will provide students an understanding of the law of work for the vast majority of U.S. firms. We will discuss the doctrine of employment at will, along with exceptions to that rule. We will cover the basic principles of employment discrimination law; the constitutional rights (including the free speech rights) of public employees; mandatory arbitration of workplace disputes and employment rights; post-employment issues including covenants not to compete; workplace safety and health; and the laws governing wages and hours. Although the course will not cover "labor law" (the law of unions and collective bargaining), we will examine the ways in which employment law can both facilitate and hinder employees' ability to enforce employment rights collectively.

Employment Law Workshop: Advocacy Skills

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

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

This course will develop 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 negotiation 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 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 (such as the Lawyers' Committee for Civil Rights Under Law or Gay & Lesbian Advocates & Defenders), 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.

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 (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

Employment Law Workshop: Strategies for Social Change

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

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

This course will examine how lawyers can effect social change in the workplace, with a special emphasis on advancing the right to be free from workplace discrimination based on protected characteristics such as race and sex. After surveying the relevant law and reviewing empirical information about the nature of civil rights violations, we will evaluate possible strategies for social change, including different modes of litigation, political action, and private agreements. We will consider the advantages and disadvantages of these strategies and discuss what role lawyers play.

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. All placements will include exposure to some aspect of employment rights and will play an important role in bringing diverse perspectives to the workshop. 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 workplace protections.

Enrollment will occur during 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.

Enforcing International Law: Reading Group

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

Visiting Professor Lori Fisler Damrosch
1 classroom credit LAW-35455A

How can international law be effectively enforced? Difficulties in enforcement have caused many to question whether international law is really "law"; yet the techniques for enforcing international law are more diverse and sophisticated than is generally appreciated. Among the issues to be addressed in the reading group are decentralized enforcement through reciprocity and counter-measures, economic sanctions, enforcement through national and international tribunals, multilateral enforcement through the United Nations Security Council and other international organs, and police and military capabilities.

The reading group will examine these issues in their application to contemporary problems, which can include: measures against international terrorism and weapons of mass destruction (case studies including Iran, Iraq, Libya, North Korea); recent and pending cases in the U.S. Supreme Court involving enforcement of international human rights norms and implementation of treaty obligations; developments involving the theory of universal criminal jurisdiction; the establishment of specialized international criminal tribunals and the International Criminal Court; responses to the disclosures of abuses of detainees in Iraq and elsewhere; and tensions between unilateral (U.S.) and multilateral approaches to enforcement.

Research papers are encouraged; alternative means of evaluation (such as reaction papers) can be considered.

Entertainment Law

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

Professor Bruce L. 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 and privacy; intellectual property; contract problems; organized labor; antitrust and related problems; and the regulation of new media. The class relies heavily on student presentations and on guest speakers from the industry. Credit for the course is based on a term paper and class participation. A third writing credit is available.

Entrepreneurship and Company Creation

Spring term, Block H/J/K
M,W,Th 5:00 PM - 7:00 PM

Mr. David Hornik
1 classroom credit LAW-35475A

This course focuses on the entrepreneurial process -- from company creation and formation to business planning and finance. The course will cover a range of topics following the life-cycle of a company and will engage students in hands-on activities to reinforce key learnings about entrepreneurship, including executive summary writing and term sheet negotiation (there will be no written exam). Students will learn about the startup process from entrepreneurs and venture capitalists with decades of company building experience.

This course meets for two weeks from March 22 to April 1.

Environmental Law

Fall term, Block A
M,T 8:40 AM - 10:10 AM

Visiting Professor Michael Vandenbergh
3 classroom credits LAW-35500A
2, 3, or 4 optional clinical credits Fall LAW-35500C

This course will examine the role of the legal system in addressing problems of environmental disruption, with a special emphasis on pollution. Discussion will include traditional and evolving public and private legal remedies for the control of pollution, including recent legislation and administrative regulatory reform initiatives. Analysis of statutory materials will focus on the principal federal statutes and their implementation.

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 website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and other clinical information.

Environmental Law in Theory and Application

Winter term, Block B
M,T,W,Th,F 1:00 PM - 3:00 PM

Visiting Professor Richard Lazarus
2 classroom credits LAW-35555A
plus 1 optional written work credit

This course complements the general survey course in environmental law, which is not a prerequisite to taking this class. The primary contrast between the two 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. "Environmental Law in Theory and Application" includes a series, far fewer in number, of much narrower and deeper dives into much 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 environmental problem. The problems will relate to issues of contemporary importance. By examining in detail environmental law in application, the theoretical underpinnings and challenge of environmental lawmaking are well highlighted.

Note: Students who enrolled in Professor Lazarus's Advanced Environmental Law class during the Fall 2008 semester should not take this class.

Environmental Law Practice: Skills, Methods, and Controversies

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

Clinical Professor Wendy Jacobs
2 classroom credits LAW-93025A
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; 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 prepare written materials and participate in classroom exercises and presentations. There is no final examination for this course; there will be a final paper of about 10 double-spaced pages. Class evaluation will be based on the written work and on preparation for and participation in class exercises and discussions.

Pre-requisite or co-requisite (one of the following): Administrative Law, Environmental Law, or Legislation and Regulation.

Students who enroll in the optional clinical will 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 (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

Ethics, Economics and Law: Seminar

Fall term, Block E
M 1:00 PM - 3:00 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. Enrollment limited to 14 students.

Background in political theory or philosophy recommended but not required.

European Company and Bankruptcy Law

Winter term, Block A
M,T,W,Th,F 9:00 AM - 11:00 AM

Visiting Professor Horst Eidenmueller
2 classroom credits LAW-35445A

The global financial and economic crisis has demonstrated the importance of European Company and Bankruptcy Law, especially for multinational enterprises. This two-unit course covers the fundamentals of European Company and Bankruptcy Law in an international and comparative perspective. It will start out with an introduction to the law-making process in the EU. With respect to European Company Law, the following topics will be covered: the proper scope of European Company Law -- harmonization versus regulatory competition; mobility and restructuring of companies in Europe; harmonization of company law rules; European corporate entities (Societas Europaea, European Private Company); special issues relevant to listed companies (e.g. free movement of capital, International and European Capital Markets Law). Topics covered with respect to European Bankruptcy Law will include: the theoretical debate on transnational insolvencies (universalism versus multiplicity of proceedings); transnational insolvencies under the European Insolvency Regulation; regulatory competition in bankruptcy; issues of group insolvencies; out-of-court restructurings (workouts) in Europe.

The primary focus of the course will be on the existing legal framework. However, policy issues will also figure prominently (proportion of law to policy approximately two to one). The European legal framework will be compared frequently to other jurisdictions. Within Europe, the focus will be on the UK, France, and Germany. Comparisons will be drawn also to the legal position and the policy debates in the US and, from time to time, to certain Asian jurisdictions (Japan and China).

Students should have some prior knowledge of Company Law and Bankruptcy.

European Legal History: Reading Group

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

Professor Charles Donahue
1 classroom credit LAW-35805A

The purpose of this reading group is to read Franz Wieacker's History of Private Law in Europe, a truly great but difficult book, which has recently been given a excellent English translation. The book is divided into six parts, which rather nicely allows us to meet and discuss each part every other week over the course of the semester. I will not assume that anyone in the group has a command of the background history, and I will spend a few minutes at the beginning of each session outlining it.

Evidence

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

Professor Bruce L. Hay
4 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.

Evidence

Fall term, Block D
Th,F 9:50 AM - 11:20 AM

Assistant Clinical Professor Alex Whiting
3 classroom credits 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

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

Visiting Professor Peter Murray
3 classroom credits LAW-36000A

In a trial of the facts to a factfinder, whether jury, judge, or tribunal, the respective parties and their lawyers strive to recreate in the consciousness of the fact-finders clear and credible images of events and circumstances from real life. The trial lawyers' presentations relate facts proven by evidence to the common experience of the fact-finders in order to generate inferences of other facts not directly provable. The law of evidence regulates this process and legitimates outcomes in the Anglo-American jury trial tradition. In this course the rules of evidence are presented and studied in the context of effective trial advocacy with some consideration of comparative perspectives on fact-finding in various legal systems. The course is structured around the Federal Rules of Evidence but also includes evidence issues from other sources. The basic topics of relevance, hearsay, form of direct and cross examination, rules of exclusion, illustrative aids, impeachment, authenticity, expert testimony, best evidence, privilege, and unfair prejudice will be covered through study and discussion of trial problems as well as of rules and cases. Text: Green, Nesson, and Murray, Problems, Cases and Materials on Evidence (3rd ed. 2001), plus the 2007 Evidence Rules Supplement, and computer-aided instructional materials. The course text, lecture notes, assignments, and additional materials will be available on the course website.

Evidence

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

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

Nesson's Winter Evidence takes you on an exploration of the nature of legal proof and persuasion in the context of an American jury trial. Along the way you will confront the testimonial capacities of perception, memory, deception, and character. You will engage the principles and process of the rhetorical storytelling machine. You will begin to see how the machine is built and who runs it. Expect multimedia, group activity and engagement with both real and virtual worlds, plus fun.

Evidence

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

Professor Scott Brewer
4 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. 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).

Executive Compensation, ERISA, and Related Topics

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

Mr. Jonathan Zorn
2 classroom credits LAW-35655A

The course will survey the basics of Title I of ERISA, including both those unique to ERISA and those with parallels in the Internal Revenue Code, as well as the additional Code rules relevant to tax-favored retirement plans. We will also spend a substantial portion of the class discussing the tax-based and other rules applicable to executive compensation.

Expert Witnesses and Litigation

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

Assistant Professor D. James Greiner
4 classroom credits LAW-36335A

This course will teach students how to work effectively with and against expert witnesses via two rounds of simulated pretrial litigation. In each simulation round, teams of two law students will be formed and assigned a position. Each team will have its own expert witness, in the form of a graduate student from a quantitative field at Harvard (who will be taking the course for credit in the Graduate School of Arts & Sciences). The expert will draft a litigation report, and law students will use this report as support for legal briefs. Law students will then depose the other side's expert witness and use the resulting transcript to a draft responsive brief. There will be two simulation rounds, the first focusing on redistricting and the second on employment discrimination. Basic principles of evidence and deposition techniques will also be covered.

The course presumes no quantitative background on the part of law students. Enrollment will be limited to achieve an appropriate balance of law and quantitative students.

Faculty Leader Meeting 1

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

Faculty Leader Meeting 2

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

Faculty Leader Meeting 3

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

Faculty Leader Meeting 4

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

Faculty Leader Meeting 5

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

Faculty Leader Meeting 6

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

Faculty Leader Meeting 7

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

Family Law

Spring term, Block G
M,T,W 3:20 PM - 4:40 PM

Professor Janet Halley
4 classroom credits LAW-36600A

This course will study three types of family law: first, the family law that resides in the Family Law casebook; second, the family-related law that is classified elsewhere, as welfare law, criminal law, employment law (including the relative non-regulation of domestic labor), immigration law, housing law, insurance law, tax law, and so on; and, finally, family-related policy of private entities like employers, hospitals, and institutions of primary, secondary and higher education. The overall effort will be to come to a more plenary grasp of the ways in which the lived family is the product of legal regulation conceived in broad, legal realist terms. Casebook and photocopied course materials.

Family, Domestic Violence and LGBT Law: Litigating in the Family Courts

Fall term, Block H
M 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 Family, Domestic Violence, and LGBT Law clinical workshop provides students who are concurrently enrolled in the WilmerHale Legal Services Center's Family, Domestic Violence, or Lesbian, Gay, Bisexual and Transgender (LGBT) Law Clinic, with the practical skills and substantive knowledge necessary to effectively advocate for their clients in and out of the courtroom. Objectives of the course include: developing practical lawyering skills to be applied in the clinical component and beyond; understanding the statutory and case law applicable in family law litigation; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; gaining insight into the unique challenges of low-income clients, victims of domestic violence and the LGBT community, and analyzing and proposing legal advocacy approaches to contemporary family law issues. The course emphasizes a collaborative "health-law" approach to advocating for our client populations.

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 interviews through the final disposition of the case. In a series of simulated group exercises, students conduct in-depth interviews with the "client", write the necessary memoranda in the case, prepare a case and client theory, draft and file pleadings in the case, argue and defend against motions, conduct and respond to discovery, counsel the client as the facts of the case evolve, engage in settlement negotiations on the client's 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 more of their active "real life" cases at the Legal Services Center and will lead class discussion on the cases and the larger ethical and legal questions they present. There is no final examination or final 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. Due to the litigation emphasis of the clinics, students enrolled in this course are strongly encouraged to enroll for 3 or 4 clinical credits, however, students may also enroll for 2 credits. Enrollment will occur during 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.

For more information please call Robert Greenwald at rgreenwa@law.harvard.edu or (617) 390-2584.

Family, Domestic Violence and LGBT Law: Litigating in the Family Courts

Spring term, Block H
M 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 Family, Domestic Violence, and LGBT Law clinical workshop provides students who are concurrently enrolled in the WilmerHale Legal Services Center's Family, Domestic Violence, or Lesbian, Gay, Bisexual and Transgender (LGBT) Law Clinic, with the practical skills and substantive knowledge necessary to effectively advocate for their clients in and out of the courtroom. Objectives of the course include: developing practical lawyering skills to be applied in the clinical component and beyond; understanding the statutory and case law applicable in family law litigation; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; gaining insight into the unique challenges of low-income clients, victims of domestic violence and the LGBT community, and analyzing and proposing legal advocacy approaches to contemporary family law issues. The course emphasizes a collaborative "health-law" approach to advocating for our client populations.

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 interviews through the final disposition of the case. In a series of simulated group exercises, students conduct in-depth interviews with the "client", write the necessary memoranda in the case, prepare a case and client theory, draft and file pleadings in the case, argue and defend against motions, conduct and respond to discovery, counsel the client as the facts of the case evolve, engage in settlement negotiations on the client's 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 more of their active "real life" cases at the Legal Services Center and will lead class discussion on the cases and the larger ethical and legal questions they present. There is no final examination or final 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. Due to the litigation emphasis of the clinics, students enrolled in this course are strongly encouraged to enroll for 3 or 4 clinical credits, however, students may also enroll for 2 credits. Enrollment will occur during 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.

For more information please call Robert Greenwald at rgreenwa@law.harvard.edu or (617) 390-2584.

Federal Courts and the Federal System

Fall term, Block G
M,T,W 3:20 PM - 5:00 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

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Professor John F. 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 Courts and the Federal System

Fall term, Block C
M,T,W 10:20 AM - 12:00 PM

Professor Richard H. 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., John Manning, Daniel J. Meltzer, & David L. Shapiro, Hart & Wechsler's, The Federal Courts and the Federal System (6th ed. 2009), along with its 2009 Supplement.

Federal Litigation: Civil

Spring term, Block A
M,T 8:40 AM - 10:10 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 Statement Analysis: Getting Behind the Numbers

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

Visiting Professor Bala Dharan
2 classroom credit LAW-37221A

This 2-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 then discuss financial analysis issues related to liabilities and equity, leases and off-balance sheet items, fair value disclosures, reporting of structured transactions, and derivatives accounting. Throughout, we will address litigation issues related to the above topics. 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 related practices.

Prior accounting coursework in college (such as the HLS fall course, Introduction to Accounting and Corporate Reports), or prior work experience requiring financial statement analysis or preparation. Students with no knowledge of accounting concepts should not take this course.

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 X
Th 3:00 PM - 5:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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, the 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 general course preference selection. The remaining five places will be reserved for students who do not get a seat through the preference selection but who choose to combine the course paper with option 1 of the J.D. 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).

Foreign Relations Law

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

Visiting Professor Jide Nzelibe
3 classroom credits LAW-37355A

The substantive focus of this course is on the role of politics and law in explaining the division of foreign affairs and national security powers among the legislative, executive, and judicial branches. The topics to be discussed include the distribution of foreign affairs powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the preemption of state foreign affairs activities, and the political question and other doctrines regulating judicial review in foreign affairs cases.

Foreign Relations Law: Seminar

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

Mr. Ganesh Sitaraman
2 classroom credits LAW-93925A

This course is an introduction to the constitutional and statutory doctrines that regulate American foreign relations. Topics will include the distribution of foreign relations powers between the three branches of government, the power to declare and conduct war, the status of international law in U.S. courts, the scope of the treaty power, and legal issues related to terrorism, Iraq, and Afghanistan, including detention, interrogation, and surveillance.

Foundations of Western Legal Thought

Spring term, Block D
Th,F 9:50 AM - 11:20 AM

Professor Mary Ann Glendon
3 classroom credits LAW-32640A

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

Fundamentals of Statistical Analysis

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

Mr. David Cope
1 classroom credit LAW-37415A

Intended for law students with little or no background in mathematics and statistics, this class will provide basic tools needed for designing, conducting and critically assessing empirical legal research, i.e., legal research that relies to a significant degree on data-based argumentation.

There will be six 2-hour meetings during September and October which will cover the following topics: formulating a research question and finding or creating an appropriate data set; survey design and analysis; presenting data visually and with summary statistics; the logic of hypothesis testing and estimation; correlation and linear regression; and multivariate analysis with an emphasis on multiple regression.

There will be required, but ungraded, weekly exercises and a take-home final examination.

Gender and the Family in Transnational Law

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

Professor Janet Halley
4 classroom credits LAW-37813A

This course examines the relationships between transnational legal orders on one hand and the actualities and ideologies of gender and the family on the other. After a survey of contemporary positive international and regional legal structures, we will examine colonial practices of "family law exceptionalism" from "central" and "peripheral" perspectives. We will then study contemporary legal regimes for their explicit and sometimes less patent gender/family content: international humanitarian and criminal law; postconflict and during-conflict regimes focused on women and gender; religion as a component of national and international law and politics; labor migration/immigration/trafficking; rights of the child/child labor/adoption; reproduction/population/public health law and policy; sexual minorities and same-sex marriage campaigns; social and economic rights/development policy; mainstreaming and other modes of institutional inclusion. Overall, our study will include international, regional and comparative approaches and will include roles of theory, of expertise and of social movements in shaping reform and regulatory possibilities.

Readings will include Estin and Stark, Global Issues in Family Law (West 2007) and photocopies materials. Examination is last-day-take-home, but students may write a research paper with the instructor's permission. LLM students are more than welcome.

Gender in Postcolonial Legal Orders

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

Professors Duncan Kennedy and Janet Halley
1 classroom credit LAW-37815A

This course will introduce students to the study of gender as a politically and legally important aspect of colonization, decolonization, nation-formation and modernization. Two sessions will be devoted to the reading of classics in the field. The remaining four sessions will be encounters with prominent scholars appearing as special guests and their works in progress. Students will write either 6 two-page response papers to the readings or a 12-page research prospectus.

Admission is by permission of the instructors. LLMs are encouraged to apply. 1L JD students and SJDs may participate as auditors. Everyone interested in participating, whether as an enrolled student or as an auditor, must submit a 1-page statement of interest and curriculum vitae/resume to Terry Cyr, tcyr@law.harvard.edu, with the course name in the subject line. The deadline for this application is July 15 for students registering in the Spring/Summer of 2009 and August 30 for 1L JD's and SJD's seeking to audit.

Gender Violence Clinical Workshop

Fall term, Block H
M 5:00 PM - 6:30 PM

Ms. Diane Rosenfeld
1 classroom credit LAW-37634A

This clinical workshop is required for all students in the fall Gender Violence clinic. The workshop brings together clinical students to discuss projects and experiences in the clinic. Students enrolled in the fall Gender Violence clinic 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 required for all students in the spring Gender Violence clinic. The workshop brings together clinical students to discuss projects and experiences in the clinic. Students enrolled in the spring Gender Violence clinic 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 more effectively address it? 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 (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines. All clinical students are required to take an additional 1-credit workshop during their clinical semester.

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

Global Governance

Spring term
M,W 2:40 PM - 4:00 PM

Professor John Ruggie (Harvard Kennedy School)
3 classroom credits LAW-37850A

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

Jointly offered with HKS (IGA-103) and will meet at HKS.

Global Governance Today: Reading Group

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

Professor David W. Kennedy
1 classroom credit LAW-37855A

This reading group will explore a variety of recent legal literature which purports to explain how we are governed globally. It is surprising now mysterious global governance remains -- and how quickly confidence in both the sociological descriptions of global legal life and projects for renewal offered by the traditional disciplines of public international law, international economic law, international organizations have broken down. What else is on offer? That will guide our exploration of new literatures in fields touching on global regulation, international legal history, global administrative law, new thinking about comparative legal study, global constitutionalism, human rights, or economic law and development. The readings will exemplify various ways to think about the legal organization of global order, and on the history of legal efforts to organize and institutionalize international affairs.

Global Human Rights Revolution: Basic Issues: Seminar (The)

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

Visiting Professor Mattias Kumm
2 classroom credits LAW-94030A

This seminar explores some basic questions relating to the global practice of human and constitutional rights, as it has emerged after WWII and further gained ground after the Cold War. The basic issues we will explore include the following: A) Foundations: Religious, secular, both? What is the relationship between human rights and political theology, particularly the political theology of the major religious traditions? Is there a sense in which human rights are Christian or Islamic? What does it mean that human dignity is the foundation of human rights? B) The scope of rights: Just about any political claim, no matter how mundane, can and often is made using the language of human rights. Is this a pathology? If so, what is the appropriate domain of human rights? Should it be limited to negative rights? Should negative rights be limited only to certain fundamental interests, and if so, how do you determine what they are? C) The structure of rights: What do you have in virtue of having a right? Are rights trumps, shields or positions that are subject to any limitation that meets the proportionality requirement? What exactly is the proportionality test and is it compatible with the idea that rights provide deontological restrictions of some kind? D) Institutional questions: What is the function of judicial review? What is the function of an international layer of human rights protection? Does human rights law have something to say about the institutions to be used to implement and give meaning to them?

Global Perspectives on Criminal Procedure: Reading Group

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

Visiting Professor Maximo Langer
1 classroom credit LAW-37835A

This reading group will cover selected topics on comparative criminal procedure. Its goal is not only to discuss how other legal systems regulate the criminal process, but also to enable a deeper understanding of American criminal procedure by studying these foreign regulations. The study of comparative criminal procedure will help us understand why U.S. and foreign jurisdictions have regulated procedural issues the way they have, will provide us alternative ways to regulate the same issues, and will enable us to have a more substantive discussion about what the advantages and disadvantages of the different regulations are. Topics that the reading group may cover include searches and seizures, the exclusionary rule and the fruit of the poisonous tree, electronic surveillance, undercover investigations and entrapment, police interrogations, bail, the right to a speedy trial, the charging decision and prosecutorial discretion, plea bargaining, discovery, the right to confrontation, the right to effective assistance of counsel and to self-representation, lay participation in the criminal process, publicity, the right to an impartial court, and sentencing procedures.

This reading group is by-permission. Interested students should submit a resume, transcript, and one paragraph explaining why they are interested in the reading group to Professor Langer (langer@law.ucla.edu) by November 2, 2009.

Meeting dates for this reading group are:

January 25
February 8 & 15
March 1 & 29
April 12

Government Lawyer: The Prosecutor

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

Assistant Clinical Professor Alex Whiting
3 classroom credits LAW-38000A
2, 3, or 4 required clinical credits LAW-38000C Fall or Spring

The course will examine the roles and responsibilities of the prosecutor, with a particular focus on federal prosecutors. The course 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. A paper 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.

A clinical practice component is required of all students in this course. Clinical placements are with the United States Attorney's Office or Massachusetts Attorney General. Enrollment will occur during clinical registration. Once enrolled, student placements will be determined through an individualized process. Students will be asked to apply for a security clearance well in advance of starting clinical work. Due to the length of security clearances, there is an early add/drop deadline of June 5, 2009 for Fall clinicals and September 4, 2009 for Spring clinicals. Additional clinical meetings at each placement site will be periodically conducted throughout a student's clinical semester. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and additional information about placements.

Students who have previously taken Government Lawyering - Policy and Practice: Semester in Washington are eligible to take this course.

Government Lawyering - Policy and Practice: Semester in Washington

Spring term

Mr. James Flug
4 classroom credits LAW-38001A Spring
5 required clinical credits LAW-38001C Spring
1 required writing credit Spring
2 optional clinical credits Winter

Students will spend the entire Spring semester (except for Spring break) in Washington, D.C. working as legal interns in a variety of federal offices while concurrently taking the Government Lawyering - Policy & Practice course. Placements will be in offices where lawyers provide legal advice and assistance on policy, legislative and regulatory matters; rather than on litigation and enforcement cases. Students also enroll in a 1-credit independent writing project supervised by a member of the HLS faculty in Cambridge on a topic related to government lawyering. Students may also elect to spend the Winter term in Washington, D.C. for 2 clinical credits to begin working full-time at their host offices.

Students will attend class twice a week in the Spring semester, with readings and classroom discussions supplemented by optional guest speaker events or visits to key government offices approximately every other week. The Government Lawyer course will expose students to the distinct forms of lawyering practiced by government attorneys in diverse positions in the federal government. The cours will focus on the many forces that constrain or empower the application of lawyering skills in federal 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. The course will include student discussions of their experiences in their clinical placements. 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.

Readings and classroom discussions will be supplemented by guest speakers from government legal offices, including students' host officials. Placements will be coordinated by the program director, James Flug, in consultation with students. Students will meet individually on a regular basis with the program director to discuss their work progress.

Enrollment is by application only, and limited to 2L and 3L students. An application form is available from the Clinical website (http://www.law.harvard.edu/academics/clinical/news/washington.html). Applications are due no later than Thursday, June 11, 2009.

Great Book: Reading Group

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

Professor Richard D. Parker
1 classroom credit LAW-38655A

This reading group is meant to be an antidote. Nowadays, law students arrive at law school having read less and less history and literature. Here, they are force fed, more and more, with Social Science. In hope of dispelling the desiccating effect of its language and sensibility, we'll read and discuss one great book: "The Magic Mountain" by Thomas Mann. It is a novel of (a lot of) ideas, beautifully opaque, disturbingly vital, rich enough to enrich decades of professional life.

To join this reading group, you should be more than willing to engage with an often "difficult" text and to commit to attending and participating in all six meetings. We'll cover about 120 pages per meeting, every other week. Soft drinks, wine, cheese and so forth will be provided.

Greek and Roman Constitutionalism

Winter term, Block B
M,T,W,Th,F 2:00 PM - 4:00 PM

Professor Adrian Vermeule and Assistant Professor Adriaan Lanni
2 classroom credits LAW-38055A

This 2-credit course will examine ancient Greek and Roman political and legal institutions from a comparative and social-scientific perspective. Possible topics include constitutional design and evolution, the role of legal and social norms, voting methods, judicial decision-making, separation of powers, executive power, emergency powers, and transitional justice. Students will write short response papers to the readings, which will include ancient sources in translation and relevant works of modern political theory and social science.

Green New York: Seminar

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

Professor Gerald E. Frug
2 classroom credits LAW-94035A Fall
2 required clinical credits LAW-94035C Spring

In December, 2006, Mayor Michael Bloomberg announced PlaNYC, an ambitious urban agenda that involves a major focus on environmental issues, ranging from reducing the city's impact on climate change to dealing with waterways and brownfields. Check it out: (http://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 instructor. To do so, you should email frug@law.harvard.edu as soon as possible, explaining your background and your interest. A course in local government law is not a prerequisite to this seminar, but it will be helpful.

Health Care Reform Past, Present, and Future: Reading Group

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

Visiting Professor Theodore Ruger
1 classroom credit LAW-38092A

This reading group will examine the current structure of health law and health finance in the United States, explore past episodes of health policy reform, and discuss current proposals for health insurance and health system reform.

Health Law and Regulation

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

Visiting Professor Theodore Ruger
4 classroom credits LAW-38090A

This survey course provides an overview and analysis of the basic legal rules that govern the provision of medical care and the regulation of public health in the United States. These rules derive from principles of tort law, contract law, criminal law, constitutional law, and state and federal regulations--most of which are adapted in important ways to reflect the unique characteristics of the practice of medicine. The course coverage is structured to move from the relatively basic building blocks of health care law toward more complicated legal and regulatory topics that reflect the increasing complexity of the health care industry and the government's role in securing public health priorities. Accordingly, Unit One deals with the basic right to health, the core doctor-patient relationship and fundamental concepts such as informed consent and confidentiality of medical information. Unit Two addresses the persistent problem of medical error and explores traditional and emerging legal rules and policy mechanisms designed to reduce, and compensate for, bad medical outcomes. Unit Three addresses both the existing sources of health insurance and the laws governing insurers, and also examines efforts to reform the system of health care financing and insurance in the United States. Unit Four explores some of the constitutional and ethical issues relating to patient autonomy and government regulation.

Health Law Policy Workshop: Seminar

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

Professor Einer Elhauge and Assistant Professor I. Glenn Cohen
2 classroom credits LAW-94530A
(1 classroom credit Fall + 1 classroom credit Spring)

This seminar will feature the presentation and discussion of cutting edge scholarship on health law, health policy, biotechnology and bioethics. Students must submit brief written comments on a number of the papers. Because the papers are different every term, students can take the class as many times as they wish.

Health Reform: Normative, Empirical, and Policy Perspectives: Seminar

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

Ms. Allison Hoffman and Mr. Christopher Robertson
2 classroom credits LAW-94165A

This seminar focuses on the timely topic of health reform by examining contemporary scholarship on U.S. health care and analyzing past and current efforts at reform. We will focus on three main areas. First, we will discuss normative arguments on health reform. Second, we will study a wave of new scholarship that sheds light on the relationship between medical crises and economic insecurity that has shaped contemporary debates about national health care reform. Finally, we will review a range of past and current policies for reform and discuss the merits of each policy and its ability to address problems of economic insecurity. Readings will include excerpts from legal, economic, and medical literature, and topics will include:

an overview of U.S. health care finance and costs;

an overview of U.S. insurance markets, products, and the uninsured;

medical causes of home foreclosures and bankruptcies;

medical expenses on credit card and other consumer debt;

hospital pricing and collections policies;

reform proposals (including individual mandates for health insurance), pending legislation, and/or newly enacted policies.

Enrollment is limited to 15.

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

Spring term, Block I
T 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 Estate Planning Advocacy clinical workshop provides students who are concurrently enrolled in the WilmerHale Legal Services Center's Administrative/Disability, Health or Estate Planning law clinics, with the practical skills and substantive knowledge necessary to effectively advocate for their clients in and out of the courtroom. Objectives of the course include: developing practical lawyering skills to be applied in the clinical component and beyond; understanding the applicable statutory and case law; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; gaining insight into the unique challenges of low-income clients, and analyzing and proposing legal advocacy approaches to contemporary health, disability and estate planning law issues. The course emphasizes a collaborative "health-law" approach to advocating for our client populations in Massachusetts and nationally.

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 interviews through the final disposition of the case. In a series of simulated group exercises, students conduct in-depth interviews with the "client", prepare a case and client theory, counsel the client as the facts of the case evolve, and reflect on ethical issues encountered during the course of representation. In addition, towards the end of the semester, students will participate in case rounds, during which students present and lead class discussions on their active "real life" cases at the Legal Services Center. There is no final examination or final 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. Due to the litigation emphasis of the clinics, students enrolled in this course are strongly encouraged to enroll for 3 or 4 clinical credits, however, students may also enroll for 2 credits. Enrollment will occur during 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.

For more information please call Robert Greenwald at rgreenwa@law.harvard.edu or (617) 390-2584.

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

Fall term, Block J
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 Estate Planning Advocacy clinical workshop provides students who are concurrently enrolled in the WilmerHale Legal Services Center's Administrative/Disability, Health or Estate Planning law clinics, with the practical skills and substantive knowledge necessary to effectively advocate for their clients in and out of the courtroom. Objectives of the course include: developing practical lawyering skills to be applied in the clinical component and beyond; understanding the applicable statutory and case law; enhancing student understanding of the professional roles, values and ethics involved in the practice of law; gaining insight into the unique challenges of low-income clients, and analyzing and proposing legal advocacy approaches to contemporary health, disability and estate planning law issues. The course emphasizes a collaborative "health-law" approach to advocating for our client populations in Massachusetts and nationally.

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 interviews through the final disposition of the case. In a series of simulated group exercises, students conduct in-depth interviews with the "client", prepare a case and client theory, counsel the client as the facts of the case evolve, and reflect on ethical issues encountered during the course of representation. In addition, towards the end of the semester, students will participate in case rounds, during which students present and lead class discussions on their active "real life" cases at the Legal Services Center. There is no final examination or final 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. Due to the litigation emphasis of the clinics, students enrolled in this course are strongly encouraged to enroll for 3 or 4 clinical credits, however, students may also enroll for 2 credits. Enrollment will occur during 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.

For more information please call Robert Greenwald at rgreenwa@law.harvard.edu or (617) 390-2584.

Holocaust Litigation

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

Visiting Assistant Professor 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 and Policy

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

Clinical Professor David Grossman
2 classroom credits LAW-38100A
2, 3, or 4 optional clinical credits LAW-38100C

This course will provide an introduction to housing law and policy through an analysis of issues facing advocates for low- and moderate-income tenants and homeowners. We will discuss various government policies, including issues around public housing, subsidies, code enforcement, and rent control; the processes of abandonment and gentrification; and how these policies do or should affect the strategies employed by attorneys and activists striving for effective intervention in the lower income housing market. The class will draw on students' experiences in clinical placements (and elsewhere) as well as the perspectives of a variety of players in the housing market -- among them, developers, tenants, organizers, lobbyists, judges, and a variety of practicing lawyers -- who will appear as guest panelists. Requirements for the course include a paper or a project. There will be no examination.

Students may -- and are encouraged to -- elect a practice component of two, three, or four clinical credits in conjunction with the course. Most clinical placements will be at the WilmerHale Legal Services Center (Post-Foreclosure Eviction/Housing Clinic or Predatory Lending/Consumer Protection Clinic) or the Harvard Legal Aid Bureau (for members). A limited number of externship placements may also be arranged through the Office of Clinical and Pro Bono Programs.

Students who would like to participate in the optional clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines. Students placed at the WilmerHale Legal Services Center must take an additional 2-credit workshop during the semester of clinical work that corresponds with their clinic.

Human Rights (Advanced): Reading Group

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

Professor Gerald L. Neuman
1 classroom credit LAW-38201A

This advanced reading group presupposes prior study of international human rights law. We will closely read and discuss a series of articles or cases, some in the nature of case studies, concerning the theory of human rights and their institutionalization at the global and regional levels.

Prerequisite: J.D. students must have already completed the basic course in International Human Rights at HLS. LL.M. students who have taken an equivalent course at another university (but not merely a course in public international law) may be admitted by permission.

Human Rights Advocacy in Contemporary South Africa: Clinical Seminar

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

Mr. Tyler Giannini and Ms. Susan Farbstein
2 classroom credits LAW-94741A
2, 3, or 4 required clinical credits LAW-94741C

This clinical seminar will explore how practitioners have sought to advance human rights in South Africa since Nelson Mandela's historic election in 1994, which brought an official end to the apartheid era. The course will examine dilemmas that advocates faced during the transition to democracy, and how they sought to hold individuals and entities accountable for past human rights violations while simultaneously achieving some degree of reconciliation and political stability. It will also analyze strategies used by civil society and lawyers to advance social and economic rights protected under South Africa's constitution, ranging from litigation to human rights commissions to advocacy campaigns. Finally, the course will assess how the new South Africa engages in regional human rights fora and crises, and evaluate the extent to which lessons from its own past can and should be exported to prevent or remedy abuses elsewhere. Case studies will include how South Africa has dealt with lingering land disputes, sought accountability for corporate involvement in apartheid, and addressed policy clashes over the use of anti-retroviral drugs for HIV/AIDS treatment.

Through participation in supervised clinical projects as well as readings, class discussion, role-playing and critical examination of advocacy approaches, this seminar exposes students to a variety of ethical and strategic issues that arise in the course human rights fact-finding and advocacy. Students will examine how diverse advocacy agendas interact within one country--South Africa--as well as how national strategies interact with international players and influences.

A concurrent clinical practice component of 2, 3, or 4 clinical credits is required of all students in the seminar. Placements are with the International Human Rights Clinic of the Human Rights Program. Some clinical projects will relate to Southern African while others will relate to other regions of the world.

Enrollment will occur during 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.

Human Rights Advocacy: Seminar

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

Clinical Professor James Cavallaro
2 classroom credits LAW-94740A
2, 3, or 4 required clinical credits LAW-94740C

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 (http://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 J
W 5:00 PM - 7:00 PM

Mr. Tyler Giannini
2 classroom credits LAW-94611A
2, 3, or 4 required clinical credits Fall LAW-94611C

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 concurrent clinical practice component of 2, 3, or 4 clinical credits is required of all students in the seminar. Placements are with 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 (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

Human Rights Research: Seminar

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

Professor Mary Ann Glendon
2 classroom credits LAW-94700A

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

Prerequisite: Submission and approval of a project outline in one of the above areas.

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

Spring term, Block I
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.

Humanitarian Protection in Situations of Armed Conflict: Clinical Seminar

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

Ms. Bonnie Docherty and Mr. Stephan Sonnenberg
2 classroom credits LAW-94742A Fall
2, 3, or 4 required clinical credits LAW-94742C Fall

Situations of armed conflict raise particular challenges for legal practitioners, rights advocates, and conflict resolution experts. This clinical seminar will focus on protections for civilians during and after armed conflict. After a brief review of relevant international humanitarian law and human rights law, the course will explore several methodologies that practitioners use to promote civilian protection standards, assessing both the promises and limitations of each strategy. The course will also introduce students to the practical and analytical skills they need to work in the field. This interdisciplinary course is offered jointly by the International Human Rights Clinic (IHRC) and the Harvard Negotiation & Mediation Clinical Program (HNMCP).

The seminar will consider a wide spectrum of humanitarian protection tools, including public shaming by field researchers, international and grassroots campaigning by civil society, livelihoods promotion strategies by humanitarian NGOs, and conflict management efforts by dispute resolution professionals. The seminar will also consider analytical tools that can be helpful in determining the most appropriate strategy for particular situations of armed conflict.

In addition to reading relevant literature and participating in class discussion, students will take part in role-playing exercises on fact-finding, media work, conflict analysis, and public briefing skills.

A concurrent clinical practice component is required of all students in the seminar. Placements are with the International Human Rights Clinic (IHRC) or up to three students may work with the Harvard Negotiation and Mediation Clinic (Negotiation Workshop is a pre-requisite for students at the Negotiation and Mediation Clinic). Enrollment will occur during 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.

Immigration and Refugee Advocacy: Seminar

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

Clinical Professor Deborah Anker
2 classroom credits LAW-98460A
2, 3, or 4 required clinical credits LAW-98460C

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.

A concurrent clinical is required, with placements at the Immigration and Refugee clinic. Enrollment will occur during 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.

Immigration and Refugee Advocacy: Seminar

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

Immigration Law

Spring term, Block G
M,T 3:20 PM - 4:50 PM

Professor Gerald L. 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.

Immigration, Globalization and Obligations of Democracies: Reading Group

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

Visiting Professor Cristina Rodriguez
1 classroom credit LAW-38605A

In this reading group, we will explore the question: what conceptions of political morality ought to frame the formulation of immigration policies by sending and receiving societies alike? Are there justice-based constraints on the sovereign authority to exclude immigrants from the nation's territory and political community? When formulating an immigration policy, what is a democratic society's obligation to its own citizens? How is that obligation to be balanced against concerns for global justice, or other obligations owed to persons and societies beyond the nation's borders that might arise from a nation-state's participation in free trade regimes or its foreign policy entanglements? When recruiting immigrants, to what extent should receiving societies take into account the long-term developmental needs of sending societies? When relying on migration as a tool of development, what obligations do sending societies owe to their own citizens, as well as to the receiving societies? We will consider these questions with reference to specific policy debates in North America and Europe. The readings will draw from political and legal theory, history, and political science literatures.

Innovative Contracting: Reading Group

Spring term, Block J
W 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.

Institutional Corruption: Seminar

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

Professor Lawrence Lessig
2 classroom credits LAW-94735A

This seminar will explore the concept of "institutional corruption" in a range of important public institutions, including medicine, the academy, agency rule making, and Congress among others. By "institutional corruption," I mean (1) legal, even ethical (2)acts or relationships, (3) which even if thought necessary (4) weaken appropriate public trust in that institution. The class will involve extensive reading, and a weekly "idea paper" (2-3 pages), plus a final paper (10-15 pages).

This seminar is by-permission of the instructor. Send a short statement of interest including your class year to a2lessig@pobox.com by July 15.

Intellectual Property Law: Advanced

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

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

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. We will examine in depth a series of topics that, in recent years, have proven especially controversial or troublesome: trademark dilution; the right of publicity; intellectual-property protection for fashion; fair use; possible solutions to the crisis in the entertainment industry; patent pools and standard-setting organizations; reverse-payment settlement agreements; claim construction; the relationship between copyright and freedom of speech; how legal reform might help address the health crisis in the developing world; exhaustion; remedies for intellectual-property violations; and the possibility that extralegal norms will provide substitutes for intellectual-property rules. 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.

Enrollment is limited to 50.

Completion of at least two of the following courses: Copyright Law; Patent Law; and Trademark Law -- or completion of one of those courses plus the permission of the instructor.

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

(The syllabus is available at http://cyber.law.harvard.edu/people/tfisher/Advanced%20IP%202009.html)

International Childhood, Rights, and Globalization

Fall term
M,W 11:40 AM - 1:00 PM

Ms. Jacqueline Bhabha
3 classroom credits LAW-38880A

Explores the impact of globalization on 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, or as transnational adoptees? Why are citizen children unable to prevent the deportation of their noncitizen 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 A
M,T,W,Th,F 9:00 AM - 12:00 PM

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

This course provides a rigorous introduction to the field of international commercial arbitration, which has become the default means of settling international disputes. The course will deal with the internationalist elements of the subject matter, but will also examine international commercial arbitration from an American perspective. Students can expect to review both foreign and US commentaries, statutes and case law on the subject. The course will comprise of five main topics: (1) an introduction to the field of international commercial arbitration; (2) the agreement to arbitrate; (3) the arbitrators; (4) the arbitration process; and (5) the arbitral award. The course will also cover in brief the law of foreign investment and the pivotal role of arbitration both in resolving disputes and developing the law in that area.

International Criminal Court (ICC): Reading Group

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

Visiting Professor Catherine MacKinnon
1 classroom credit LAW-48405A

The group will read the theory and controversies surrounding the ICC, its statute (Rome Statute, 2000) and selected travaux preparatoires, case documents, institutional structure, and developing jurisprudence as it is getting off the ground, with focus on gender crimes.

Some familiarity with international law required. This reading group will meet in September on the following dates.

Sept 2, 8, 21, 22, 28, 29

International Finance: Law and Regulation

Spring term, Block G
M,T 3:20 PM - 4:40 PM

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

This course focuses on how law and regulation affects international finance. It 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: Markets and Firms

Fall term, Block A/B
T,W 8:30 AM - 10:00 AM

Professor Mihir Desai (Harvard Business School)
3 classroom credits LAW-38905A

This course provides an economic approach to international finance emphasizing the actions of market participants, particularly firms. It explores financial decision making by investors and firms in a global setting. Topics covered include the determinants of exchange rate movements, asset pricing in global capital markets, hedging decisions by firms, cross-border financing and valuation decisions, taxation in open economies, and the effects of varying legal regimes on financial practice. The materials are largely business school case studies but will be interspersed with lectures to introduce some of the more complex materials. Some familiarity with financial statements and the foundations of financial economics is required prior to enrolling in the course.

This class in not open to cross-registrants.

International Finance: Seminar

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

Professor Hal S. Scott
2 classroom credits LAW-95810A
(1 classroom credit Fall + 1 classroom 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. See http://www.law.harvard.edu/programs/pifs/ifllm.html for examples of papers written by students in prior years as well as a list of outside speakers.

International Human Rights

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

Clinical Professor James Cavallaro
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 concerning the articulation, implementation and oversight/enforcement of human rights. Topics will include the historic origins and development of modern human rights law; connections and tensions between civil and political, and social and economic rights; domestic and transnational strategies associated with implementation and enforcement; and institutional and societal responses to mass atrocity. Throughout, the course will consider the practical implications of the theoretical and doctrinal topics addressed.

International Humanitarian Law

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

Assistant Professor Gabriella Blum
2 classroom credits LAW-38731A

International Humanitarian Law (or the laws of war) is a set of rules which seek to reconcile the realities of armed conflicts with humanitarian concerns for those affected by them. Although some humanitarian norms have been part of human history from its earliest times, the complexities of modern conflicts combined with the growing reach of international law and a greater public and media interest all make IHL a topic of greater relevance and interest than ever before. Through a historical and thematic journey, we will examine the application of IHL in a variety of conflict settings, its normative drive and moral underpinnings, and the inevitable compromises it must make to be relevant for parties in conflict. Specific topics covered include the rules of distinction, proportionality, military necessity, conduct of hostilities, the regulation of weapons, and belligerent occupation.

International Law and Domestic Institutions: Reading Group

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

Ms. Katerina Linos
1 classroom credit LAW-39045A

This reading group will examine current controversies concerning the implementation of international law in the domestic context. While international organizations have limited enforcement capabilities, "almost all nations observe almost all principles of international law almost all of the time." Drawing from legal and social science literatures on compliance and diffusion, we will study how hard and soft international law shape the conduct of governments, courts, NGOs, expert networks and mass publics. We will investigate mechanisms that generate conformity and non-conformity with international norms, including coercion, political economy considerations, learning and socialization.

International Law and International Relations Theory: Seminar

Fall 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 Workshop: Global Governance

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

Professor William P. Alford and Assistant Professor Gabriella Blum
2 classroom credits for Fall or 4 classroom credits for Fall + Spring

Students may take just the Fall (LAW-39115A-1/F for JDs; LAW-39115A-1G/F for LLMs) or take Fall and Spring (LAW-39115A-1/FS for JDs; LAW-39115A-1G/FS for LLMs).

Scholarly writing regarding international law, broadly defined, has changed enormously in recent years and appears likely to continue to do so. This workshop is intended to provide students with the opportunity to enmesh themselves in this scholarly transformation by bringing to the fall semester workshop a cross-section of scholars engaged in some of the most interesting new work in this field, with particular attention this year to the topic of global governance. Generally, our invited speakers -- some from law and some from other disciplines -- 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 will be reserved for meetings without outside speakers. There are no prerequisites for this workshop. Those students wishing to take the spring semester will have the opportunity to write an original paper on a topic of their choosing (in consultation with either Prof. Alford or Prof. Blum).

Enrollment is limited to 50 students.

International Reproductive/Sexual Health Rights: Reading Group

Spring term, Block H
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.

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, taxation of nonresidents, anti-avoidance measures such as transfer pricing, thin capitalization, and controlled foreign corporation rules, and tax treaties.

International Trade Law

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

Assistant Professor Rachel Brewster
4 classroom credits LAW-30920A

This course will examine international trade law as the intersection of law, economics, and politics. The course will focus primarily on the treaties creating the World Trade Organization and the decisions of the WTO adjudicatory system. We will explore the fundamental principles of international trade rules, the relationship between trade and environmental concerns, and domestic remedies to international trade violations. The course readings and discussion will also include some basic economic theory, public choice theory of interest group organization, and institutional design questions.

Introduction to Accounting and Corporate Financial Reports

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

Visiting Professor Bala Dharan
1 classroom credit LAW-20001A

This 1-module 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 is a half-term course (six weeks), to be scheduled in the first half of the fall term.

This course is designed for law students with no prior accounting coursework in college or work experience. Students with prior accounting coursework or work experience should consider taking the spring course Financial Statement Analysis.

Introduction to Advocacy (ITA): Criminal Justice

Fall/Winter term, Block J/K
W,Th 5:00 PM - 7:00 PM

Clinical Professor Ronald S. Sullivan, Jr.
4 classroom credits LAW-39700A (3 Fall + 1 Winter)
4 required clinical credits (3 Fall + 1 Winter)
3 classroom credits TAW
Open to 3Ls only

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.

A clinical practice component is required of all students, with clinical placements at the Criminal Justice Institute of Harvard Law School. 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 necessitate 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 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.

Trial Advocacy Workshop (TAW) is a pre- or co-requisite. Students who have not previously taken TAW will be automatically enrolled in the Fall TAW course.

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

Class will start the week of October 5, after the completion of TAW. In the winter term, class will meet on Tuesdays and Thursdays from 10:00 AM - 12:00 PM.

Introduction to Advocacy (ITA): Criminal Prosecution Perspectives

Fall/Winter term, Block K
Th 5:00 PM - 7:00 PM

Mr. John J. Corrigan
3 classroom credits (2 Fall + 1 Winter) LAW-39600A
4 required clinical credits (3 Fall, 1 Winter) LAW-39600C
3 classroom credits Trial Advocacy Workshop LAW-47500 Fall
Open to 3Ls 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 clinical placements, students will represet the Commonwealth prosecuting 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 October 5, 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.

This clinical course is only open to 3Ls, and Evidence is a pre-requisite or co-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 unless previously completed.

Enrollment will occur during 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.

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): Skills and Ethics in Clinical Practice

Fall/Spring term, Block G
T,W 3:20 PM - 4:50 PM

Clinical Professor David Grossman
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.

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. The clinical component is graded credit/no credit.

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 2009-2010 will automatically be enrolled in this course and clinical once HLAB membership is finalized.

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 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 reasoning and statutory interpretation, the American criminal and civil justice systems, trial by jury, and the American legal profession. Students will meet with practicing attorneys, will see how the law is portrayed in film, 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.

Introduction to Islamic Law

Spring term, Block I/K
T,Th 5:00 PM - 6:30 PM

Professor Baber Johansen (Harvard Divinity School)
3 classroom credits LAW-39875A

The course introduces beginners to the history of the fiqh, a system of legal and ethical norms that draws its authority from its interpretation of the revealed texts of Islam. Three characteristics of the fiqh will be difficult to understand for law students : 1. the religious ritual is an integral part of the law ; 2. legal scholars, not political legislators, have over the long history of the fiqh produced its norms ; 3. the legal scholars dissent over the norms of the fiqh and such a dissent is taken to be entirely conform with the law. The fact that legal reasoning in Islam took place in this conceptual framework has played an important role in the 20th century debates on the relation of Islamic law to the law codes of the modern national states.

But the norms of the fiqh are not centered exclusively on the religious character of the legal norms. It is the specific task of the legal norms to distinguish between the different members of the Muslim political community and, at the same time, to integrate them into the political body of Islam. This task assigns great importance to legal concepts that integrate adherents of different religions, cultures and ethnic groups into the Muslim political community and transcend social differences. Such concepts as (( political contract )), property, legal personality, legal capacity, kinship and affiliation fulfill this function. Religious distinctions, on the other hand, find their clearest expression in the rules governing the religious ritual, marriage, taxation and the law of proof and procedure.

The course will be divided into three sections. The first one, consisting of sessions 1-3, will treat the historical emergence of the Muslim fiqh during the first 200 years of Islamic history. It will discuss the political and social challenges that the fiqh had to answer and how the literature of the Muslim fiqh -- that comes into being during the eighth century -- defines and limits the interaction of adherents of different religious communities within the Muslim empire and distinguishes it from the relation of the Muslim empire with foreign powers.

The second section, consisting of sessions four to eight, will treat the fiqh's notion of the legal actors in the field of obligations, in commercial transactions, in social relations and under the penal law. It will discuss the concept of rights and obligations in these different fields. Session 8 in this section will discuss the mechanism of change of the law and the theories concerning it that the fiqh developed from the 10th to the 14th century.

The third section of the course, comprising the sessions 9-11, covers the colonial and the post-colonial period and the codification of the law of the national states. It treats in particular the civil codes and the personal status law, the penal law and the efforts to find Islamic law justifications for the new codes. The eleventh session is dedicated to the constitutionalization of Islamic Law since the 1970s and its relations with the codified law of Muslim national states.

Session 12 is reserved for the discussion of the students' projects for their term papers.

Islamic Comparative Law

Fall term, Block C
T,W 10:20 AM - 11:50 AM

Visiting Professor Marie-Claire Foblets
3 classroom credits LAW-39885A

The lectures build upon one particular aspect of a vast issue that is very much at the core of the debate in Europe today: how to conceive the future of our (multicultural) societies in terms of peaceful cohabitation with the many newly-immigrated communities from all over the world? In class, we will focus on the position of new religious minorities in that debate, and of Muslims in particular who have settled in Europe.

Our endeavours with this class are basically twofold:

In a first part, we will explain to the students some of the main reasons for the present lack of adaptation of legal techniques in (mainly continental) Europe, largely an inheritance of the past, to handle issues related to the recognition of newly immigrated legal cultures from outside Europe claiming the protection of State law. These claims may be particularly provocative when it comes to granting recognition to discriminatory legal traditions and systems.

In a second part, I will explicate some solutions to this vast problem by referring to concretes cases that illustrate the way(s) lawyers in several European countries today eventually grant protection under State law to rules of behaviour and legal institutions that are inspired by Islamic family law and that are (still) binding in many Muslim countries over the world today. The illustrations will also make clear the many difficulties that go with it (i.e. with this protection). In class we will focus on Dutch, French, German and Belgian case law.

Exam Format: Paper in lieu of examination

Materials: Selected bibliography and case law (will be provided)

Japanese Law Film: Seminar

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

Professor J. Mark Ramseyer
2 classroom credits LAW-95935A

Through weekly screenings, we will explore the place that law plays within Japanese society, and examine the development of the post-war cinema. Expect to see a broad range of films -- from classics like Kurosawa, to the avant garde Oshima to modern horror masterpieces. Students will write three reviews. Popcorn provided (probably).

Jewish Law's Responses to Gentile Law: Internal Views of External Influences: Advanced Reading Group

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

Visiting Professor Hanina Ben-Menahem
1 classroom credits LAW-40325A

This reading group will explore halakhic self-reflection on external influences on Jewish law. We will not address the actual impact of external influences on the halakha (which, it goes without saying, is significant). Rather, we will explore the language Jewish law uses to describe its own perception of its relation to Gentile law. We will see that halakhic responses to the outside legal culture range from total opposition to occasional acceptance. Readings will include primary and secondary sources in Hebrew and English. A reading knowledge of Hebrew is a prerequisite.

*After the first session, classes will meet bi-weekly for two hours.

Jewish Law: The Legal Thought of Maimonides

Spring term, Block C
T,W 10:20 AM - 11:20 AM

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

This class will examine both the Maimonidean legal corpus--the explicitly legal works, the Code and the responsa; the philosophical Guide for the Perplexed; and the interpretative Commentary on the Mishnah--and the jurisprudential assumptions on which it rests. Though we will be focusing on the legal thought and jurisprudential strategies of one individual, so central is Maimonides to the development of Jewish law that in studying his approach, a wide range of issues in Jewish law in general will of necessity be touched upon. Students will thus gain an understanding of various theoretical and socio-pragmatic aspects of Jewish law. A reader with all the material in English translation will be provided.

Judicial Process in Community Courts

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

Judge John C. Cratsley
2 classroom credits LAW-90920A
2, 3, or 4 optional clinical credits LAW-90920C

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.

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. Students who do not participate in the optional clinical must meet with the instructor to select a paper topic that involves general topics such as, but not limited to, judicial administration, judicial ethics, court innovations, ADR in the courts, etc.

Students receive two graded credits for the classroom component and may elect to take two, three, or four graded clinical credits for fieldwork activity. Students undertake this fieldwork study of lower court judicial performance through clerkship-like clinical placements with individual justices of the District Court, Boston Municipal Court, Juvenile Court, and Housing Court Departments of the Massachusetts Trial Court. Clinical students are expected to be available to do research and writing projects for their assigned judge, and are expected to observe and assist their judge for at least eight to ten hours per week (one full day or two mornings). More fieldwork hours may be arranged through the Clinical Office and the instructor. 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 registration dates and early clinical add/drop deadlines.

Enrollment is limited to fifteen students. LL.M. candidates may enroll in the course and require the instructor's permission to participate in the optional clinical.

Judicial Role in American History

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

Visiting Professor G. Edward White
3 classroom credits LAW-40380A

A survey of leading U.S. Supreme Court justices from John Marshall through the Rehnquist Court.

Laptops are not allowed in class during the class discussion.

Syllabus can be found at http://www.law.harvard.edu/academics/registrar/pdfs/law-40380a.pdf

Jurisprudence: Introduction to Methods and Topics

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

Professor Scott Brewer
3 classroom credits LAW-47285A

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.

Jurisprudence: Legal Ideals

Spring term, Block G
M,T 3:20 PM - 4:50 PM

Professor Lewis D. Sargentich
3 classroom credits LAW-40410A

The liberal ideal of legality yields both formalization of law (law as formal rules or doctrines) and idealization of law (law as principles and policies). The course examines formalization as portrayed by modern legal positivism (mainly H.L.A. Hart) and criticized by American legal realists. Then we will undertake a study of the idealizing tendency within law. We will consider accounts of legal ideals offered by liberal jurisprudence (mainly Fuller, Hart and Sacks, and Dworkin) and by contemporary critical jurisprudence. Readings include some illustrative cases and commentary on particular legal doctrines and fields, though the focus is on more highly general theoretical argument. The course aims to develop a definite thesis about the structure and character of legal ideals and to provide a connected account of phenomena emphasized by critical legal studies such as theory in doctrine, conflicting ideals, legal ideology, legal legitimation, and transformative possibility. Readings for the course are photocopied materials.

Labor Law

Spring 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.

Law and Business in China

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

Visiting Professor Vivienne Bath
3 classroom credits LAW-34885A

The purpose of this unit is to provide students with an introduction to the legal aspects of doing business in China and to provide an opportunity to study various aspects of this topic in more detail. The course begins with an overview of the open-door policy and Chinese approaches to foreign participation in the Chinese economy. The course will deal with the foreign investment and trading regime in China, methods of obtaining information about Chinese legal and business subjects, Chinese corporate and business structures and other subjects relating to doing business in the Chinese market, including technology transfer and intellectual property, negotiations, dispute resolution and, if time permits, discussion on particular areas of investment and participation. The course will also examine a number of topical issues relating to business in China, particularly the issues raised by the detention of Rio Tinto's Chief Representative in China - the role of the Chinese government in business, the ambiguous position of state owned enterprises inside and outside China, and the risks for foreigners and foreign enterprises relating to commercial bribery, state secrets and the operation of the Chinese legal system.

Law and Business Problems: Reading Group

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

Professor Guhan Subramanian
2 classroom credits LAW-41150A
(1 classroom credit Fall + 1 classroom credit Spring)

This seminar is intended to be the "capstone" of the joint J.D./M.B.A. program, giving those students an opportunity to explore in some depth situations that present both legal and business complications. Each time the seminar is offered a different theme is chosen. In 2009-2010, the theme will be the global financial crisis. While the seminar is primarily for students in the joint degree program, the instructor may admit students from the Business School who have already obtained a law degree, law students who have an M.B.A., and undergraduate business majors.

Law and Development

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

Professor David W. Kennedy
4 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. We will end by evaluating proposals for the role of law in economic development in the wake of a chastened neo-liberalism and the ongoing global economic crisis.

Law and Economics: Seminar A

Fall term, Block I
T 5:00 PM - 6:30 PM

Professors Steven M. Shavell and Louis Kaplow
2 classroom credit LAW-96200A

This seminar will provide students with an opportunity to engage with ongoing research in the 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 - 6:30 PM

Law and Equity: Reading Group

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

Professor Henry E. Smith
1 classroom credit LAW-41213A

This reading group will explore the role of equity in the judicial system as a mode of decision-making, from economic, philosophical, and historical points of view. Topics covered will include the law versus equity distinction, equitable maxims, equitable defenses, and unjust enrichment.

Law and Government Seminar: An Introduction to Scholarship

Spring term, Block D
Th 9:50 AM - 11:50 AM

Professor Anne L. Alstott
2 classroom credits LAW-96335A

This writing seminar for students interested in a career in legal academia will introduce issues and methods in scholarship in law and government. Each student will be expected to produce a substantial outline or preliminary draft that identifies a topic, metholodogy, and research plan for a publishable paper, i.e., a paper that makes an original contribution to scholarly knowledge. Each student will present his or her work in progress to the seminar. Readings and class discussions will introduce students to a range of scholarship and to the norms of the scholarly community, including the importance of reading broadly across legal fields and choosing topics that are both novel and manageable. Readings will be selected in part based on students' interests and in part to offer examples of different scholarly approaches.

Enrollment is limited to eight students. Professor Alstott will offer sustained, one-on-one engagement with each student's project. She is open to supervising papers on a range of topics in law and government and will assist students in consulting with other professors as students progress in defining specific topics. Substantive areas for student work might include (but are not limited to) social welfare, labor and employment, gender, families, education and child development, health care, administrative law, and the environment.

Admission by permission of the instructor. Students who wish to be considered for the seminar should submit to Professor Alstott via email a transcript and a two-page statement of interest by December 1. In your statement of interest, please discuss three possible paper topics related to law and government. Note that the paper topics need not be narrow or detailed at this early stage; the task of the seminar is to sharpen topics and ensure originality. Rather, the statement of interest is intended to elicit your intellectual interests: choose three intellectual problems in law that you find hard and interesting and explain why.

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 Mind Sciences Blogging Workshop: Seminar

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

Professor Jon Hanson
2 classroom credits LAW-96265A

Admission with permission of instructor only. This seminar and writing workshop will examine the relevance of social psychology, social cognition, cognitive neuroscience, moral psychology, political psychology, and related fields for law and legal theory. Each student will write a variety of blog posts (including short essays, literature reviews, interviews, article summaries) and will participate in commenting on and editing the work of other students in the seminar. Students will learn to blog and will post most of their work from the seminar on The Situationist Blog or other blogs. 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 had a course previously with Professor Hanson or a strong interest in the topic.

Interested students should send a brief statement of interest to hanson@law.harvard.edu with the words "Mind Sciences Seminar" in the section line.

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 Psychology: Wrongful Convictions

Fall term, Block D
Th,F 9:50 AM - 11:50 AM

Visiting Professor Dan Simon
2 classroom credits LAW-41553A

This course will examine the operation of the criminal justice system through the lens of experimental psychology. The psychological research will be used to analyze why and how the criminal process results in mistaken verdicts, as it is occasionally prone to do. The primary focus will be on wrongful convictions. Topics to be covered include eyewitness identification, witness memory for events, police investigation and interrogation, detection of deceit, and jury decision-making. Special attention will be devoted to discrepancies between how human behavior is viewed from the legal and psychological perspectives.

Notes: This 2 credit course will be taught over the first half of the semester. It will meet over a period of 6 weeks, for 4 hours per week.

Law and Regulation of Financial Institutions in a Time of Crisis (The)

Fall term, Block C
M,T,W 10:20 AM - 11:40 AM

Visiting Professor Geoffrey Miller
4 classroom credits LAW-45750A

This course examines the law and policy pertaining to financial institutions -- banks, insurance companies, mutual funds, and securities broker-dealers. The class will examine the fundamental nature of the banking firm as a financial intermediary offering payment services, and will illustrate how the need to maintain transaction accounts for customers leads to instability in the banking firm. Deposit insurance as a remedy for financial instability will be stressed, as well as the problem of moral hazard and devices for counteracting the risk-taking incentives created by deposit protection. Rules governing non-bank financial institutions will be examined and compared with bank-specific rules. Much of the second part of the course will examine the legal, economic, and policy issues arising out of the global financial crisis of 2008-2009.

Law and Sexuality: Reading Group

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

Visiting Professor Tobias B. Wolff
1 classroom credit LAW-41525A

This reading group will read and discuss materials relating to the legal regulation of sex, gender, sexual identity and gender identity, along with efforts at reform through political action and civil rights litigation.

Law and Sexuality: Reading Group

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

Professor William Rubenstein
1 classroom credit LAW-41525A

This reading group will read and discuss materials relating to the legal regulation of sex, gender, sexual identity and gender identity, along with efforts at reform through political action and civil rights litigation.

Law and Social Movements

Spring term, Block G
M,T 3:20 PM - 4:50 PM

Professor Lani Guinier
3 classroom credits LAW-41211A
2, 3, or 4 optional clinical credits Spring LAW-41211C

Enrollment limited to 50 students

Historical and sociological studies of civil rights movements (often starting with the movement for black civil rights, with parallel developments among Latinos, American Indians and Asian Americans), the feminist movement, the labor movement, the human rights movement, the right-to-life movement, and the conservative movement for economic freedom and property rights identify the central importance of compelling narratives that come to frame a public deliberative process, which ultimately influences the making and interpretation of law. In this view, one key role of social movements is to keep a story in the public eye and to confront, incorporate and challenge the received understanding with counter-stories. When social movements are successful, a new story emerges. Part of this story is written in the law. Lawmaking becomes a way to institutionalize changes in background understanding and embrace particular public meanings and norms.

We shall assess this interactive narrative frame as a point of departure for investigating specific advocacy strategies employed by lawyers. Among the advocacy strategies we shall consider are rule shifting and culture shifting; critical lawyering and law and organizing; demosprudence, jurisprudence and legisprudence; impact litigation and cause lawyering. One of our goals is to examine the challenges and dilemmas lawyers face in helping social movements successfully organize around a counter-story without becoming the movement's primary storytellers. Another goal is to understand the recursive relationship between social movements, litigation, legislation, and administrative agency policy making and enforcement. We shall also explore the extent to which social movements are not simply about negotiation of interests within an agreed upon normative and political framework, but generate new normative frameworks (related to values, new forms of identity, new institutions) and aspire to alter the relations of power in a democracy.

Students will work in teams to develop and present a case study to the class on a particular movement. Rather than an exam, the course will conclude with a short paper that explores in greater depth one of the case studies we have considered. A limited number of students may also have the option of writing a longer course paper to earn an additional written work credit. Cross-registrants are welcome.

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 website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and other clinical information.

Law and the International Economy (1L)

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

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.

Prerequisite: Contracts

Law and the International Economy (1L)

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

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.

Prerequisite: Contracts

Law and the Political Process: Seminar

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

Professor Lani Guinier
2 classroom credits LAW-96445A
2, 3, or 4 optional clinical credits Spring LAW-96445C

This seminar will consider the way law informs and regulates representation and participation in the political process. We will examine constitutional constraints on legislative apportionment, districting, the role of political parties and access to the ballot. We will explore the relationship between democratic principles and the electoral participation of racial, language, and political minorities. We will study in depth the Voting Rights Act of 1965, as amended, to understand how the law both shapes and has been shaped by social movements, social science research, political theory, historical forces, and practical considerations. We shall also consider issues of alternative election systems and the role of women in politics. Constitutional Law is strongly recommended, but is not a prerequisite for this seminar. Enrollment is limited to 20 students.

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 website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and other clinical information.

Law and the Unconscious: Seminar

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

Professor Bruce L. Hay
2 classroom credits LAW-96515A

Theories of the unconscious, both cognitive and psychoanalytic, and their significance to law and legal theory.

Law Firms

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

Visiting Professor Milton Regan
2 classroom credits LAW-41445A

The goal of this course is to provide students with a more sophisticated understanding of the opportunities, risks, and trade-offs that are involved in working in large law firms. We will explore topics such as how law firm career paths are changing; different approaches to compensating associates and partners; how firms are responding to concerns about the balance between work and personal life; law firm business models in an age of increasing global competition; non-legal skills that are valuable for success in firms; and potential ethics and liability pitfalls for law firm lawyers. Material for the course will consist not only of scholarship on law firms, but articles from the legal press and analyses of particular firms. By the end of the course, students will be better equipped to analyze law firms as professional, social, and business organizations, and to identify the subtle cultural differences among them.

Please note that this course does not satisfy the Law School's professional responsibility requirement.

Law of Nonprofit Organizations (The)

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

Ms. Marion Fremont-Smith and Mr. Adelbert Spitzer
3 classroom credits LAW-46925A

This course covers the treatment of charities, universities, hospitals, foundations and other nonprofit organizations, including state and federal requirements for their creation, qualification for tax and other benefits and administration. Although these entities are nominally "tax exempt", federal regulation of nonprofits is, somewhat surprisingly, largely accomplished through the tax system. The course will cover the history of federal and state regulation of nonprofits, as well as current legislative and regulatory initiatives to increase government supervision, particularly those centered on governance practices.

Law, Economics, and Organizations Research: Seminar

Fall/Spring term, Block E
M 12:30 PM - 2:00 PM

Professors Lucian A. Bebchuk, Louis Kaplow, Kathryn Spier and Oliver Hart (FAS Economics Department)
2 classroom credits LAW-96250A-1/FS Fall/Spring OR 1 credit Fall only LAW-96250A-1/F OR 1 credit Spring only LAW-96250A-1/S

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, 1 credit fall term = LAW-96250A-1/F, or 1 credit spring term = LAW-96250A-1/S). The seminar is given jointly with the FAS 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 an approved topic. Oliver Hart is Andrew E. Furer Professor of Economics in the Economics Department.

Law, Economy, and Society in the Era of the American Revolution: Seminar

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

Professor Bruce H. Mann
2 classroom credits LAW-94245A

The seminar will examine the legal and constitutional history of late-colonial America and the early republic, an era that spans the middle of the eighteenth century to the first decades of the nineteenth. Reading for the seminar will include books, articles, amicus briefs, and some primary materials on topics such as the impact of law on the Revolution, the impact of the Revolution on law, crime and punishment, probing for original intent, the conservative and revolutionary roles of law in economy and society, and changing legal definitions of slavery, freedom, and dependence.

Each member of the seminar will prepare in advance of each class a two-page response to the reading assigned for that class. The final grade for the seminar will based on class participation, the weekly written responses, and one or two other short papers.

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

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: Reading Group

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

Professor Robert C. Clark
1 classroom credit LAW-41460A

This reading group will explore articles and books that help to illuminate the characteristic attributes and the relative advantages and disadvantages of four major systems of social control: legal systems, markets, social groups, and the world religions. The readings may also provide comparative insight into the scope and the historical development of these differing systems. Readings will be chosen from a broad array of social-science disciplines, including sociology, psychology, evolutionary theory, and behavioral law and economics. Enrollment is limited to 20 students. Students will be required to write a short response paper about the readings for each session. The six two-hour sessions will usually be scheduled on an every-other-week basis.

Leadership in the Public Sector

Fall term, Block D
Th,F 9:50 AM - 11:20 AM

Professor Philip B. 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.

Jointly offered with HKS.

Legal Architecture of Globalization: The History and Institutional Development of Money and Finance (The)

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

Professor Christine Desan
3 classroom credits LAW-41845A

An integrated political economy now covers much of the globe; this course considers that historical development as a matter both carried out and contested through law. It focuses on the creation of monetary systems and financial institutions that cross national boundaries. The course seeks to explore those innovations as matters of governance, and tracks them through such historical dimensions as the British Empire, American state-building, and the 20th century architecture of the international order. The course aims to illuminate the power and limitations of the modern political economy, as well as the controversies that surround it.

Legal Education for the Twenty-First Century: Global Perspectives on Preparing Lawyers for Global Careers: Seminar

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

Professor David B. Wilkins
2 classroom credits LAW-96725A

In September 2009, the Jindal Law School in New Delhi India will admit its first class of students. The school, which is founded by a lawyer who received his LLM from HLS in 2000 and which is being supported by a $100 million donation from the Jindal steel company in India, seeks to train a new legal elite in India capable of facilitating India's rise as a global economic power while encouraging greater accountability and democracy at home. Jindal is just one example of a growing number of new educational institutions and systems designed to improve the training of lawyers around the world, including major initiatives in China, Japan, Korea, Italy, Germany, Australia and Brazil. In this seminar, we will examine these new developments, along with innovations in legal education in the US, to determine how these trends are likely to affect -- and are being affected by -- the global market for legal services, the careers of lawyers, professional regulation, and the rule of law. Students are required to attend class and participate in class discussion and to write a 15-20 page paper on some topic relevant to the Seminar. Lap top computers will not be allowed in class.

Legal History Workshop: Seminar

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

Assistant Professor Jed Shugerman
1 classroom credit 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 research option. Each semester, students will participate in four or five 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. The workshop is one ungraded classroom credit, but students writing papers may receive two graded credits instead (one classroom credit plus one writing credit). The Colloquium is open to legal history of any region and period.

Legal History: American Legal Education: Seminar

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

Visiting Professor Daniel 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: Workshop on the Political Economy of Modern Capitalism

Fall/Spring term, Block G/H
M 4:00 PM - 6:00 PM

Professors Christine Desan and Sven Beckert (History Department)
2 classroom credits LAW-98060A

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 2009 and Spring 2010 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 Sven Beckert (FAS/History). This seminar will meet at FAS.

Legal Issues in Corporate Finance

Spring term, Block C
M,T,W 10:20 AM - 11:40 AM

Visiting Professor Albert H. Choi
4 classroom credits LAW-34000A

Depending on how a corporation raises capital, the law treats the relationship between the corporation and its investors quite differently. This course will examine how such a relationship is formed and structured; how the courts have viewed and treated such a relationship; and what, if any, changes may be necessary in our and the courts' perspective. Topics will include the rights of debt- and preferred stock-holders, including those of venture capital investors, and the legal aspects of mergers and acquisitions, including the stockholders' voting rights and dissenting stockholders' remedy.

Prerequisite: Corporations

Legal Profession

Spring term, Block A
M,T 8:40 AM - 10:10 AM

Professor Andrew 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? The materials will be Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (5th edition), and Professional Responsibility Standards, Rules & Statutes (Dzienkowski, latest abridged edition).

Ordinarily, students may not enroll in two nonclinical courses that satisfy the professional responsibility requirement.The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a nonclinical 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

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 (5th 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. Lap top computers will not be allowed in class.

Legal Profession

Fall term, Block H/I
M,T 5:00 PM - 6:30 PM

Visiting Professor Annette Gordon-Reed
3 classroom credits LAW-42300A

In this course we will examine the American legal profession from a historical perspective. That means we will consider the development of the profession from the country's beginnings up until the present, reflecting upon how culture and society shape law and how law, in turn, shapes culture and society. Along the way, students will be introduced to the ethical and professional issues that confront lawyers throughout their careers. These issues represent some of the most difficult aspects of practicing law and can often be a major source of dissatisfaction among lawyers. We will discuss what it means to be a member of a profession, and the responsibilities and moral challenges that attend that membership. The course will examine the legal profession in a variety of contexts--lawyers in private practice, in the public sector and in public interest. jobs. We will also consider the institutions that regulate professional conduct, such as bar associations, disciplinary committees and courts. Although the students will become familiar with the Rules and Codes of Professional Responsibility adopted by the states, the course will be much broader in scope than a mere focus on those rules.

Ordinarily, students may not enroll in two nonclinical courses that satisfy the professional responsibility requirement.The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students enrolling in a clinical course which satisfies the professional responsibility requirement but who have already completed a nonclinical 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

Fall term, Block H/M
M 5:00 PM - 7:00 PM, T 7:00 PM - 8:00 PM

Ms. Jeanne Charn
3 classroom credits LAW-43300A
2, 3, or 4 optional clinical credits Fall LAW-43300C

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. We will meet weekly for two hours and we will have an additional two hour meeting six weeks during the semester, for a total of three classroom credits. The additional meetings will offer an opportunity to explore on the ground innovations and projects and, later in the term, for presentation of student course projects. 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. written work requirement in connection with the course.

Students are welcome to elect a clinical component in connection with the course and to contact the course instructor by e-mail, charn@law.harvard.edu to discuss clinical options. 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(http://www.law.harvard.edu/academics/clini cal) for clinical registration dates, early add/drop deadlines, and other clinical information.

This course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. In situations where students receive permission to 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

Spring term, Block H/M
M 5:00 PM - 7:00 PM, T 7:00 PM - 8:00 PM

Ms. Jeanne Charn
3 classroom credits LAW-43300A
2, 3, or 4 optional clinical credits Spring LAW-43300C

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. We will meet weekly for two hours and we will have an additional two hour meeting six weeks during the semester, for a total of three classroom credits. The additional meetings will offer an opportunity to explore on the ground innovations and projects and, later in the term, for presentation of student course projects. 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. written work requirement in connection with the course.

Students are welcome to elect a clinical component in connection with the course and to contact the course instructor by e-mail, charn@law.harvard.edu to discuss clinical options. 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 (http://www.law.harvard.edu/academics/clinical) for clinical registration datesn and early add/drop deadlines, and other clinical information.

This course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. In situations where students receive permission to 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

Spring term, Block C
M,T 10:20 AM - 11:50 AM

Mr. Lawrence J. Fox
3 classroom credits LAW-42300A

Almost every course you take in law school makes you 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 and 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

Spring term, Block H/I
M,T 5:00 PM - 6:30 PM

Legal Research: Advanced A

Fall term, Block C
M,T,W 10:20 AM - 11:50 AM

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 1 extra credit in this course. This paper may, but need not be, written to satisfy Option 1 of the J.D. Written Work 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.

Prerequisites for this course: LL.M. candidates only must have taken Introduction to American and International Legal Research or have permission of the instructor.

Legal Research: Advanced B

Spring term, Block G
M,T 3:20 PM - 4:50 PM, W 1:00 PM - 2:30 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 J.D. Written Work 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.

Prerequisites for this course: LL.M. candidates only must have taken Introduction to American and International Legal Research or have permission of the instructor.

Legal Research: International, Foreign, and Comparative

Spring term, Block A
M,T 8:40 AM - 10:10 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 use some language from other research. 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.

Prerequisites for this course: LL.M. candidates only must have taken Introduction to American and International Legal Research or have permission of the instructor.

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

Legal Writing: Advanced A

Fall term, Block G
M,W 3:20 PM - 4:20 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 3:20 PM - 4:20 PM

Legislation and Regulation 1

Fall term, Block G
M,T,W 3:20 PM - 4:40 PM

Professor John F. Manning
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 E
M,T 1:00 PM - 3:00 PM

Professor Cristina Rodriguez
4 classroom credits LAW-13500A

This course introduces the laws, institutions, and procedures of the regulatory state. Today's legal system revolves around laws enacted by legislatures and administered by agencies. We will consider the legislative process in detail, exploring theories of how lawmaking unfolds. We will spend considerable time on the doctrinal and theoretical dimensions of statutory interpretation. We then will consider Congress's increased reliance on agencies to regulate matters such as environmental protection, food and drug safety, and occupational health and safety. We will examine justifications for government regulation in general, and regulation by agencies in particular, analyzing the legal parameters that structure agency decision-making. We will end with a case study of immigration regulation, exploring questions of institutional design by considering the Department of Homeland Security's creation. We also will consider how the interpretative and regulatory themes of the course play out in court and agency interpretation of the Immigration and Nationality Act.

Legislation and Regulation 3

Spring term, Block F
W,Th,F 1:25 PM - 2:45 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 4

Fall term, Block D
Th,F 9:50 AM - 11:50 AM

Professor Einer R. Elhauge
4 classroom credits LAW-13500A

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. The course 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. The course will also consider the justifications for 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

Fall term, Block B
W,Th,F 8:20 AM - 9:40 AM

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.

Legislation and Regulation 6

Fall term, Block G
M,T,W 3:20 PM - 4:40 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 7

Fall term, Block C
M,T,W 10:20 AM - 11:40 AM

Professor Todd D. 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.

Local Government Law

Spring term, Block G
M,T 3:20 PM - 4:50 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 9:00 AM - 11:00 AM

Professor Anne L. Alstott
2 classroom credits LAW-43635A

This course will focus on social welfare programs and regulatory regimes that aim to improve the wages, income, or working conditions of low-income workers. We will consider, inter alia, the Earned Income Tax Credit, Social Security Old-Age and Disability Insurance, the Family and Medical Leave Act, and Unemployment Compensation. Students should note that the course focuses on policy and institutional design rather than black-letter law. Thus, we will read in economics, sociology, and political theory as well as law, with the aim of deploying theory and empirics to analyze the purposes and efficacy of present programs and a wide range of options for reform. Students will write three papers responding to the readings. Each paper will be five to six pages in length.

Making Rights Real: The Ghana Project

Fall/Winter term, Block M
Th 7:00 PM - 9:00 PM

Professor Lucie E. White
3 classroom credits LAW-43610A (2 Fall + 1 Winter)
2 required clinical credits Winter
1 optional classroom credit Spring (new students may enroll with instructor permission)

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.

The fall workshop, for 2 classroom credits, will focus on Ghana in the context of African development, and will include, outside speakers, short reflection papers, and student presentations. While in Ghana during the Winter Term, students will receive 1 classroom and 2 clinical credits. They will take part in seminars, strategy sessions, and field activities. There will also be time to visit Ghana's cultural sites and nature reserves. Students will keep a journal, write a reflection paper, and work together on a Final Report documenting their work.

Students wishing to continue working on the theoretical or policy dimensions of the Winter's work may take an additional classroom credit in the Spring Term. Students who plan to apply for the course during the 2010-2011 academic year may also enroll in the Spring Term workshop.

Admission is by permission of the instructor. To apply, send a statement of interest and resume to Moira Harding (mharding@law.harvard.edu) by 5:00pm on Friday, April 10. Applicants will be notified of their acceptance on April 13, in advance of the clinical registration deadline.

Making Rights Real: The Ghana Project

Spring term, Block I
T 5:00 PM - 6:00 PM

Mediation

Spring term, Block X/K
Th 4:00 PM - 7:00 PM

Mr. David Hoffman
3 classroom credits LAW-44000A

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 7, 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

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

Vice Chancellor Leo E. Strine, Jr.
2 classroom credits LAW-43900A

This course, taught by a member of the Delaware Court of Chancery, will focus on the state law affecting corporate mergers and acquisitions, and also touch on the emerging issues arising out of international M&A deals. It will also deal substantially with merger agreements, considered as contracts, and with the business and legal factors that contributed to the spate of so-called "broken deals" during the front end of the current economic crisis. The course will have a practical bent and will address the real-world problems faced by parties contemplating, attempting, or resisting acquisitions, as well as the policy dilemmas faced by courts called upon to assess such transactions. To further this goal, several classes will involve the participation of leading practitioners.

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 com-petition; how target boards respond to acquisition overtures and evaluate bids; how to best struc-ture a sale or auction of a public company; management-led buyouts and the potential for con-flicts of interest; distressed company acquisitions and negotiating key provisions of an acquisi-tion agreement, such as representations, "deal protection", closing conditions, walk-away rights and related penalties, and deal financing. The workshop is based around case studies of several real transactions or strategic situations, and makes 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 en-rollment priority, however, M&A is NOT a prerequisite.

Business School students are very much welcome, and several spaces have been reserved for you. Business School students need not have taken Corporations; cross-listing students from other parts of Harvard should seek permission from Professor Gordon.

Scheduling Note: There will be no class sessions the third (final) week of the January term. Accordingly, the class sessions during the first two weeks will run long in order to fit 13 sessions worth of material into 10 sessions/2 weeks.

Moral Order and the Irrational: Freud and Nietzche

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

Professors Alan A. Stone and Richard D. Parker
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.

National Security Law

Fall term, Block J
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), as amended by the Protect America Act and the FISA Amendments Act of 2008, detention and interrogation of suspects, National Security Letters and other investigative tools, and related topics. 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 tpotter@law.harvard.edu by September 1. The class is not open to 1Ls.

Natural Law and Positive Law: Reading Group

Fall term, Block M
M 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 credit/non-credit.

Natural Resources Law and Policy

Spring term, Block C
M,T 10:20 AM - 11:50 AM

Visiting Professor Jedediah Purdy
3 classroom credits LAW-44070A
2, 3, or 4 optional clinical credits Spring LAW-44070C

This course will examine the law of acquiring and controlling natural resources. We will begin with the history of the federal public domain and a look at the constitutional, statutory, and administrative regimes that govern it. We will then concentrate on specific resources, seeking to understand the practical challenges and diverse values present in their management. We will consider topics such as water, forests, agricultural soil, minerals, wildlife (including endangered species), and the rising problem of managing ecosystems and the global commons of the earth's atmosphere. In addition to the legal regimes governing these resources, we will consider the political origins of the regimes, the attitudes toward the natural world that they express, and their prospects for reform in the future.

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 website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and other clinical information.

Negotiation and Mediation Clinical Workshop

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

Clinical Professor Robert C. Bordone and Mr. Matthew Smith
1 classroom credit LAW-44105A
2, 3, or 4 required clinical credits LAW-44105C

This 1-credit seminar is the required classroom component for students doing work through the Negotiation & Mediation Clinical Program during the Spring of 2010. 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 1-credit class will be front-loaded with weekly meeting times for the first half of the semester and no class sessions in the second half of the semester in order to allow students to focus more intently on their clinical work.

Negotiation Workshop is a pre-requisite.

Enrollment will occur during 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.

Negotiation Workshop

Winter/Spring term

Professor Robert H. Mnookin with others
4 classroom credits LAW-44100A
(3 classroom credits Winter + 1 classroom credit Spring)

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers -- whether putting together a start-up company, arranging venture financing, or preparing an initial public offering -- are called upon to negotiate on behalf of their clients. Public interest lawyers, 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.

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.

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, JD and LL.M. students will be given an opportunity to elect to take the Workshop on a credit/no credit basis. For cross-registrants, the availability of the credit/no credit option is dependent on the policies of their home school.

Please note: The Workshop has an early drop deadline of November 23, 2009. The course may not be dropped after November 23, 2009 without the written permission of the instructor.

Negotiation Workshop

Spring term
W,Th 3:00 PM - 7:10 PM

Clinical Professor Robert C. Bordone with others
4 classroom credit 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 credit/no credit basis. For cross-registrants, the availability of the credit/no credit option is dependent on the policies of their home school.

Please note: Please note: The Workshop has an early drop deadline of December 14, 2009. The course may not be dropped after December 14, 2009 without the written permission of the instructor.

Negotiation Workshop

Winter/Spring term
M,T,W,Th,F 9:00 AM - 6:00 PM

Online Law and Business in a Globalized Economy: Seminar

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

Visiting Professor Urs Gasser
2 classroom credits LAW-97853A

The Internet has initiated a series of fundamental shifts in our information ecosystem. First, anyone with a computer and Internet access can create a message, while the costs of production have dramatically decreased in the digital age. Second, the message network of the Internet enables global and real-time transmission of information at marginal costs close to zero. Third, the Internet leads to an unprecedented level of access both to information infrastructure and content. Fourth, the Internet has shaped what users do with information. These four shifts have in turn permitted the emergence of new businesses and business models: Wikipedia and MySpace illustrate the power of user-created content. Grokster and iTunes are two examples of new forms of content distribution.

Search engines like Google are the symbols of new ways to access information. And sites like YouTube or Facebook illustrate the increased levels of interactivity among users on the one hand and content on the other.

In this seminar, Urs Gasser will work with a small group of students to gain a deeper understanding of the legal implications of these seismic shifts at the intersection of law, technology, and new business models. The seminar takes a phenomenological approach: Instead of dividing topics along the lines of traditional areas of law (such as, e.g., competition law, privacy, IP, etc.), we will discuss the multi-faceted legal questions in their respective context, based on studies of recent cases and developments. The seminar also takes into account that online businesses operate in a global environment. While addressing key questions such as, for example, the liability of online intermediaries, we will be discussing statutory and case law from both the U.S. and from Europe. Urs Gasser will invite a small group of outside speakers to participate in a subset of class meetings.

The course has three main objectives. First, it seeks to familarize the students with important and enduring changes in the information economy. Second, it analyzes -- focusing on online businesses -- the key legal and regulatory problems faced by decision-makers in the private (and public) sector. Third, it aims to introduce a set of frameworks and analytical tools that might be helpful to lawyers when dealing with future shifts triggered by the Internet.

Past and Future of the Left (The)

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

Professor Roberto Mangabeira Unger
2 classroom credits LAW-44170A

The Left has identified itself throughout modern world history as a party of opinion that seeks to transform the institutions of society for the sake of greater equality and empowerment. It has claimed to champion the interests of ordinary working men and women. It now finds itself disoriented. The disorientation concerns both its institutional proposals and its assumptions about the ideal and the possible.

This course explores the meaning of this disorientation and the way it can be overcome. It does so both historically and programmatically: by exploring the rise and fall in the nineteenth and twentieth centuries of the idea of a progressive alternative to established institutions as well as by considering the directions the Left now takes, can take, and should take. The scope of the argument is worldwide, touching on the experience of richer as well as poorer countries. A central theme is the relation of programmatic thought to the understanding of change and constraints.

Readings in social and political theory as well as in the literature of contemporary programmatic debates.

Take-home examination assigned several weeks before the end of term and due before the end of reading period.

Jointly offered by the Faculty of Arts and Sciences and the Law School.

Patent Law

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

Assistant Professor Benjamin Roin
4 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.

Philosophical Analysis of Legal Argument: Reading Group

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

Professor Scott Brewer
1 classroom credit LAW-44295A

One of the most enduring questions in legal theory is the extent to which legal argument is, can be, or should be "rational." Some vigorously maintain that it can and should be rational (even when in particular instances it is not); others are deeply skeptical about claims to legal rationality. Often this debate is framed as a dispute about whether the "rule of law" is a realizable, viable, valuable ideal for lawyers, judges, and citizens. This course will explore those closely related ideas of legal rationality and the rule of law. To investigate these abstract themes in concrete detail, we will examine the characteristic types of (Anglo-American) legal argument and legal interpretation: deductive inference (often used in legal interpretation), inductive inference (often used in reasoning about evidence), analogical inference (often used in reasoning from precedent), and "inference to the best explanation" (used in both reasoning about evidence and in reasoning about how to characterize a fact pattern from a legal standpoint). Readings will be from judicial opinions, statutory and constitutional provisions, Anglo-American jurisprudence, and relevant areas in philosophy. No background in philosophy is required or presupposed.

Politics and the United States Supreme Court: Seminar

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

Assistant Professor Ryan Owens (Harvard Kennedy School)
2 classroom credits LAW-97010A

The goal of this seminar is to provide students with a systematic understanding of the United States Supreme Court from an empirical perspective. We will discuss the social scientific study of the Court, examine theoretical issues regarding judicial process and politics, and analyze how various participants in the judiciary attempt to achieve their goals within the constraints of the institution and its surrounding environment.

Politics of Private Law in Comparative and Historical Perspective (The) (1L & LL.M.)

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

Professor Duncan Kennedy
4 classroom credits LAW-16980A

This course will offer introductions to Western European civil law systems, to the system of European law, and to the discipline of comparative law. It will survey the ways in which legal thinkers have tried to unify contract, property and tort law as aspects of the larger category of private law, and related that field to constitutional law. The emphasis will be on their theories of the politics of private law, meaning on the ways in which different private law rules, and also different theories of the field, have been integrated into larger notions of left/right or liberal/conservative conflict over the last hundred years.

Politics, Social Life and Law in Jeffersonian America: Seminar

Fall term
M 12:00 PM - 2:00 PM

Visiting Professor Annette Gordon-Reed
2 classroom credits LAW-98055A

This seminar examines politics, law, and social life in the United States from 1776 to 1828, discussing well-known members of the founding generation while considering the role of women, enslaved people, and the working class.
This seminar is offered jointly with the Faculty of Arts and Sciences (History 2405) and will be taught at the College in the Robinson Hall Lower Library.

Post-Foreclosure Eviction Defense Housing Clinical Workshop

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

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

This clinical workshop provides students who are enrolled in the WilmerHale Legal Services Center's Post-Foreclosure Eviction Defense Housing 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 trial 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.

This workshop is a required component for students working in the Post-Foreclosure Eviction Defense Housing Clinic of the WilmerHale Legal Services Center.

For more information about the clinic, contact Clinical Instructor Maureen McDonagh, mcdonagh@law.harvard.edu, (617) 390-2542.

Poverty Law

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

Professor Lucie E. White
3 classroom credits LAW-44575A
2, 3, or 4 optional clinical credits Fall or Spring LAW-44575C

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 (http://www.law.harvbard.edu/academics/clinical) for clinical course registration dates and early add/drop deadlines.

Practical Lawyering in Cyberspace: Seminar

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

Clinical Professor Phillip Malone
2 classroom credits LAW-98141A
2, 3, or 4 optional clinical credits Fall or Spring, or 2 Winter LAW-98141C

Using a variety of cyberlaw-related case studies drawn from recent legal controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes and other actual demonstrative materials, this seminar covers the practical lawyering skills essential for the effective representation of clients in a wide variety of technology and internet-related disputes. We will condense and weave together a broad range of experiences students ultimately may encounter in the actual practice of law in this dynamic area with the core doctrinal and theoretical principles of the relevant areas of law, including intellectual property, speech, anonymity, privacy, competition, computer crime and others. 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. At appropriate points, we may be joined by outside specialists to e nhance our understanding of the complex interplay between substantive and practical issues. (Previous guests have included Facebook's chief privacy officer, Google's chief competition counsel, a top Justice Department official responsible for cyber-crime, a senior Assistant U.S. Attorney who prosecutes major high-tech cases, the head of the Massachusetts AG's high-tech unit, and noted computer scientists who have testified as experts in antitrust and patent cases). This seminar is particularly appropriate as an offering for those students who intend to enroll, or have enrolled, in the Cyberlaw Clinic at the Berkman Center.

Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are with the Cyberlaw Clinic at the Berkman Center for Internet and Society. 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.

Predatory Lending and Consumer Protection Clinical Workshop A

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

Messrs. Roger Bertling and Max Weinstein
2 classroom credits LAW-44795A Fall
2, 3, or 4 required clinical credits LAW-44795C Fall

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.

Enrollment for this clinical course is through clinical course registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical registration dates, early clinical drop/add deadlines, and other clinical registration information.

Private Fund Investment Management Law

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

Mr. Norman Champ
3 classroom credits LAW-44587A

The goal of this course is to teach students the fundamental legal and regulatory regimes that govern the operation of an investment management advisory business that is managing investment funds or accounts that are exempt from the Investment Company Act of 1940, as amended ("Investment Company Act"). These types of privately offered funds include private equity funds, hedge funds and real estate funds but can include any private funds established under exemptions from the Investment Company Act. Such funds are have assets of several trillion dollars of investment capital. The demand for legal advice in establishing these funds and helping the managers of the funds comply with applicable laws and regulations is increasing along with increased scrutiny of the private fund industry. This course will use a study of statutes, rules, regulations, regulatory decisions, court cases, fund documentation and other materials to familiarize law students with the legal issues in the investment management area and the principles that guide the resolution of these issues.

There are no prerequisites for the course but Corporations and Taxation are helpful.

Problem Solving Workshop 1

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

Visiting Professor Gillian Hadfield
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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.

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 behind everyday events.

Problem Solving Workshop 2

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

Professor Howell Jackson
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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.

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 behind everyday events.

Problem Solving Workshop 3

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

Professor Joseph William Singer
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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.

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 behind everyday events.

Problem Solving Workshop 4

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

Professor David B. Wilkins
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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.

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 behind everyday events.

Problem Solving Workshop 5

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

Professor John G. Palfrey
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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.

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 behind everyday events.

Problem Solving Workshop 6

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

Visiting Professor William Lee
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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, form 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.

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 behind everyday events.

Problem Solving Workshop 7

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

Professor Todd D. Rakoff
2 classroom credits LAW-14500A

This 1L class generally meets from 9am to 11am -- with some days until 12pm.

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.

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 behind everyday events.

Professional Services

Fall term, Block E
M 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, a consulting firm, or a financial services 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: competitive strategy and alignment, organizational strategy and processes, developing professionals, leading organizational transformation, 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 professional service settings (law, consulting, financial services, accounting, and medicine). 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. Grading will be based on class participation (30%), one written submission (20%), and the final exam (50%).

Professional Services: Advanced Topics: Seminar

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

Professor Ashish Nanda
2 classroom credits LAW-98165A

This seminar course aims to delve in depth into topics related to the management of professional service firms (PSFs) and the careers of professionals. It is meant to be useful if the students plan to work in a PSF, such as a law firm, a consulting firm, or a financial services firm, or if they plan to study human-capital intensive organizations.

The seminar will meet once every week for two hours. Each session of the seminar will focus on one research topic in depth.

1. Professionalism - Professional ethic, conflict of interest, firm scale and scope, boundaries between and across Professions

2. The Professions - History of the professions, comparison across the profession, proto-professions, professional associations, self regulation, transparency, public oversight

3. The Service Market - Competitive landscape of the professions, drivers of superior performance, positioning on the practice spectrum, disruptive innovations, commoditization

4. Mergers & Acquisitions - M&A frequency, performance, and impact on professional careers

5. Economics of Professional Services - Practice economics, capacity planning, service market/ labor market linkages

6. Organization Strategy - Ownership structures, governance structures, compensation systems, decisions rights

7. The Labor Market - Drivers of firm reputation in the labor market, movement of star professionals, regretted turnover, exit from a profession & reentry

8. Team Dynamics - Effective teaming, barriers to teamwork, leading teams effectively, teaming across boundaries

9. Client Service - Client Value Proposition, Service Profit Chain, drivers of purchase decisions of legal and professional services

10. Change Management - Barriers and gateways to change, leading change

11. Non-traditional Professionals - Internal Service Providers, not-for-profit professionals, government professionals, innovative professional careers

12. Professional Work - Drivers of Satisfaction and fulfillment in professional work, work-life balance, career arcs

13. Legal Profession Roundtable - Review of the current state and projection of future direction of the legal profession, law firms, and legal departments

Through review of existing research, discussion of case studies, critique of student papers, analyses of current developments and past events, and deliberations with invited guests who have conducted research in the field, students will develop a deep appreciation of the structure and dynamics of PSFs and the career trajectories of professionals. Discussions will focus on law firms, as well as legal service organizations that are not law firms (corporate counsel offices, government departments, etc.) and non-law professional service firms (consulting, accounting, financial services, and medicine).

Readings will include case studies, research articles, news articles, and student papers. Classes will be discussion-based.

It is a two-credit course. The seminar class will be limited to 22 participants. Grading will be based on class participation (30%), one in-term written submission (20%), and a final paper (50%). The final paper can be a research paper or a case study.

Although there are no formal prerequisites and 1L's will be allowed to take the class, students will be encouraged to take the "Professional Services" course before taking this seminar.

Property 1

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

Fall term, Block F
W,Th,F 1:00 PM - 2:20 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. 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, and eminent domain. 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 3

Fall term, Block D
Th,F 9:50 AM - 11:50 AM

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 C
M,T,W 10:20 AM - 11:40 AM

Visiting Professor Julie Cohen
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 D
Th,F 9:50 AM - 11:50 AM

Professor Mary Ann Glendon
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

Fall term, Block B
W,Th,F 8:20 AM - 9:40 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 7

Spring term, Block G
M,T,W 3:20 PM - 4:40 PM

Professor Henry E. 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.

Prosecuting Transnational Criminal Organizations: Seminar

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

Professor Philip B. Heymann
2 classroom credits LAW-99410A

Globalization is a characteristic of crime as well as of legitimate commerce. Criminal enterprises have become transnational, posing difficult problems of cooperation among law enforcement officials of different states. Illicit drugs sold in the United States come from Mexico whose cartels kill with American guns. Prescription-requiring narcotics (controlled substances used in any year by about 10% of U.S. high school seniors) can be bought without prescription from India by internet. Nigeria has specialized in fraudulent offers to Americans. Russian gangs have the best computer hackers. Terrorists come from the Middle East or south Asia. Pakistani and North Koreans sell weapons of mass destruction. Financial institutions launder money through international transactions.

This seminar will explore both the scope of the problem in each of these areas and the capacity and methods available to address such transnational organized crime. Each student will be asked to write a paper on one of these subjects and present her or his research to the class. Taught with Assistant US Attorney, Stephen Heymann.

Prosecution Policies and Strategy at the International Criminal Court

Winter term, Block B
M,T,W,Th,F 1:00 PM - 3:00 PM

Professor Martha L. Minow and Assistant Clinical Professor Alex Whiting
2 classroom credits LAW-44805A

This course will examine the ICC Prosecutor's policies and strategy with respect to investigations, complementarity, case selection, victim participation, disclosure and protection issues, charging decisions, modes of liability, particular crimes, and questions of peace versus justice. We will focus on how these policies have been articulated by the Prosecutor and applied in particular cases monitored, investigated and prosecuted at the ICC. We will also examine how, in implementing these policies, the Prosecutor interacts with actors inside and outside the ICC. Knowledge of international humanitarian law is helpful but not required. The course will include contact with the current Prosecutor.

Enrollment limited to 20 and admission by permission of the instructors.

Interested students should send along a short statement of interest and a c.v. by September 15, to awhiting@law.harvard.edu.

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 Health Law

Spring term, Block C
M,W 10:30 AM - 12:00 PM

Mr. Mark Barnes
3 classroom credits LAW-41208A

In the practice of public health, the patient is the population rather than the individual; and actions and policies to promote public health therefore consider the welfare of the collective, often without regard for the interests of individuals. In liberal society, public health practice therefore exists in tension with constitutional law, judicial precedent, and even our culture itself, in which the individual is most often the unit of measure and analysis. In this course, we will consider the major categories of public health practice - including disease reporting and data collection, compelled treatment and vaccination, isolation and quarantine, inspection of public facilities and private homes, licensure of health professionals, regulation of food and drugs, environmental regulation, and sanitation - and their sources of legal authority and legal limitations. Public health will be viewed in historical perspective, and we will particularly examine the roots of modern public health practice in the nineteenth century work of Hermann Biggs and John Snow, and in the odd alignment of German public health practitioners with Nazi government efforts in the 1930s to control tobacco use and promote national health. Case examples will be drawn from recent public health controversies relating to the control of multi-drug resistant tuberculosis, HIV/AIDS, obesity, tobacco, and substance abuse.

Public International Law

Fall term, Block G
M,T,W 3:20 PM - 4:40 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.

Public International Law (1L)

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

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.

Public International Law (1L)

Spring term, Block D
Th,F 9:50 AM - 11:50 AM

Professor Mark Tushnet
4 classroom credits LAW-16950A

This is a basic survey course in international law. The course examines the nature and sources of international law, the relationship between international law and domestic U.S. law, the role of international organizations such as the United Nations, some of the methods of resolving international disputes, the bases of international jurisdiction and sovereign immunity, and select substantive areas of international law, including the laws governing the protection of human rights and the use of force. Where relevant, the course will focus on current events.

Public Law Workshop: Seminar

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

Professors Martha L. Minow and Richard H. Fallon
4 classroom credits LAW-98070A
(2 classroom credits Fall + 2 classroom 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.

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. Students who wish to enroll in the Public Law Workshop should submit a transcript, a resume, and a short statement of why they would like to enroll in the course to Professor Minow's assistant, Kristin Flower at (kflower@law.harvard.edu) by July 15.

Admission is limited to third-year students and graduate students.

Race Relations Law: 1776-1876

Fall term, Block C
M,T 10:20 AM - 11:50 AM

Professor Randall Kennedy
3 classroom credits LAW-45405A

This course will cover developments in the law of race relations between the founding of the United States and the end of Reconstruction. The reading load will be heavy. 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.

Race Relations Law: 1876-Present

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

Professor Randall L. Kennedy
3 classroom credits LAW-45401A

This course will cover developments in race relations law between the end of Reconstruction and the present. The reading load will be heavy. 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.

Rawls and Constitutionalism: Seminar

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

Professor Frank I. Michelman
2 classroom credits LAW-97333A

Ideas of constitutionalism and constitutional law figure centrally in the political-philosophical writings of John Rawls, and debates surrounding them. These writings engage a number of major questions regarding the functions, aims, design, prescriptive contents, interpretation, and application of written constitutions. Readings will be drawn from Rawls's writings and those of critics and commentators.

Written work is required for course credit. Students will have a choice between submitting five short (5-6 pages) reflection papers over the course of the semester, or preparing a single 25-30 page paper for submission by the end of the semester. Those choosing the latter option must clear their topic with the instructor before the end of the add-drop period.

Real Estate Law

Spring term, Block F
F 1:15 PM - 3:15 PM

Mr. Jonathan Mechanic
2 classroom credits LAW-45680A

This course will provide a practical introduction to the exciting world of real estate law. It will canvas a broad range of sophisticated real estate transactions and explore issues relating to sales, purchases, mortgage financing, mezzanine financing, commercial leasing, ground leasing, joint ventures, "air rights" transactions, land use and private/public partnerships. The course is designed to give students who are interested in practicing real estate law insight into the practical lawyering experiences of real estate attorneys practicing in major urban centers and to provide them with a head-start in pursuing their career interests. We will use documentation from actual deals to study each type of transaction. Some sessions will feature guest speakers, including leading developers and other industry experts. Class size will be limited, so attendance is mandatory and class participation will be an important component of final grades.

Note: Students from other schools who wish to register should send a statement of interest to Mr. Mechanic at Jonathan.Mechanic@friedfrank.com by November 25.

Religion and its Future

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

Professors Roberto Mangabeira Unger and Francis Fiorenza (Harvard Divinity School)
2 classroom credits LAW-44075A

An inquiry into the nature and varieties of religious experience, conducted from the perspective of an attempt to understand what is most characteristic of our religious beliefs, to explore the interaction between religion and culture, and to examine the human will to believe in contemporary societies. Not a survey of world religions.

The major options exhibited in the religious history of humanity. The shared and distinctive elements in the evolution of religions and their relation to secular ideologies of emancipation. The possible and desirable futures of religion.

Readings from the classic literature of philosophy, theology, and social theory.

Jointly offered by the Law School, the Divinity School, and the Faculty of Arts and Sciences. Francis Schussler Fiorenza is the Stillman Professor of Roman Catholic Theological Studies in the Divinity School.

Reproductive Technology and Genetics: Legal and Ethical Issues: Seminar

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

Assistant Professor I. Glenn Cohen
2 classroom credits LAW-96715A

Should individuals be able to sell reproductive materials like sperm and ova, 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 ova and access to reproductive technology * Surrogacy * Cloning * Preembryo disposition disputes * Wrongful birth, wrongful conception, and wrongful life torts * The parentage and anonymity of gamete donors.

* 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

There will be no exam. Evaluation will be by written work and participation.

Restructuring Finance: Reading Group

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

Visiting Professor Geoffrey Miller
1 classroom credit LAW-45765A

The crisis of 2008 called into question many conventional assumptions about structured finance - sophisticated market mechanisms for distributing liquidity between suppliers and users of capital. The Basel I and II capital adequacy guidelines proved ineffective either at identifying the looming problems or at managing the events as they unfolded. International institutional frameworks for ensuring financial stability, such as the Financial Stability Forum, failed to identify the risk posed by U.S. subprime mortgage securities. Credit rating agencies misjudged the riskiness of structured financial products. Central banks around the world, and especially the U.S. Federal Reserve, supplied what in retrospect appears to be an excess of credit to world financial markets between 2001 and 2007 - perhaps beguiled by an exaggerated focus on price stability. Insurance regulators failed to scrutinize credit default swaps, which while offering the functional equivalent of insurance were considered to be a non-insurance product. Asset securitization programs failed to align the incentives of agents with social interests. In light of these many failures, some have called for abolishing or stringently regulating various types of structured finance. Others argue that structured finance has offered important benefits to society by more efficiently distributing liquidity to higher-valued users, and view the calls for stringent regulation as an over-reaction to the trauma of recent events. This reading group will consider what went wrong with structured finance, and evaluate various proposals for reform to the system. Readings will be drawn from scholarly publications and working papers, research papers issued by governmental institutions and private think tanks, and opinion or analytical background pieces published in the financial press. Research papers are encouraged; alternative means of evaluation (such as reaction papers) can be considered.

Risk Regulation: Seminar

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

Visiting Professor Jonathan Wiener
2 classroom credits LAW-98575A

This 2-credit seminar pursues an advanced, integrated analysis of the law, science and economics of societies' efforts to assess and manage health, safety, environmental, security, and financial risks. The course examines the regulation of a wide array of risks, such as those from chemicals, food, drinking water, medical care and drugs, automobiles, air pollution, energy, global climate change, terrorism, and financial markets. Across these diverse contexts, the course explores the treatment of several basic issues confronting a regulatory system: risk assessment, risk management (including the debate over the precautionary principle versus benefit-cost analysis), risk perceptions and evaluations by experts vs. the public, risk-risk tradeoffs, and the role of regulatory oversight bodies such as US OMB/OIRA and the EU IAB (including the Obama administration's new executive order on regulatory review). The course examines these issues in part through a comparative approach to risk regulation across countries, notably in the United States and Europe, examining differences between US and European regulation, regulatory reform efforts in the US and EU, explanations for the observed differences, and the consequences of key choices, all toward a better understanding of what the US and Europe can learn or borrow from each other regarding risk regulation. Students' written work in the course (a 2-credit paper) may analyze specific risk regulations; compare regulations, institutions or tools across countries (including the US, Europe, and/or other countries); formulate and advocate original proposals to improve the regulatory state; or address other related topics. The seminar will be taught every other week and meet on January 27 and 28, Feb. 10 and 11, Feb. 24 and 25, March 10 and 11, March 24 and 25, and April 7 and 8; and possibly April 21 and 22 as make-up classes.

Administrative Law and Environmental Law is recommended but not required.

Securities Litigation: Seminar

Spring term, Block D
Th 9:50 AM - 11:50 AM

Professor Allen Ferrell and Mr. Warren Stern
2 classroom credits LAW-98750A

The class will explore a variety of issues that arise in securities litigation through examining and discussing actual cases. These issues will include accounting fraud, proxy fraud, underwriter liability, the interplay of SEC, criminal, class, and opt-out actions, the extraterritorial application of U.S. securities law, and insider trading. The class will also cover the recurring themes of securities litigation - state of mind, pleading, gatekeeper liability, duty, materiality, class certification, causation, damages, insurance, indemnification, and settlement -- as they arise in the various contexts presented by the case studies and would talk about strategic options in the particular settings and the question of the social utility of securities litigation in concrete instances.

Securities Regulation

Spring term, Block D
F 9:50 AM - 11:50 AM

Professor Allen Ferrell
2 classroom credits LAW-46200A
2, 3, or 4 optional clinical credits Fall or Spring LAW-46200C

This course offers an introduction to the two most important federal securities laws: the Securities Act of 1933 and the Securities Exchange Act of 1934. The course explores the elaborate disclosure obligations that this country imposes on the distribution and trading of investment securities. Topics to be covered include the preparation of disclosure documents, exemptions from disclosure requirements, the relationship between disclosure obligations and anti-fraud rules, the duties of participants in securities transactions, and the applicability of federal securities laws to transnational transactions. The course will also explore the public and private enforcement of securities laws in the United States. Many students take this course in preparation for corporate practice or work with financial regulatory bodies, but the subject has also been of interest to those concerned with the development of the modern regulatory state, as exemplified by evolution of federal securities laws under the Securities and Exchange Commission. Materials to be announced. Most students find it helpful to have completed or to take concurrently a course in Corporations before taking Securities Regulation. Students who have not done so should speak with the instructor during the first week of classes.

Students who would like to participate in the optional clinical must enroll through clinical registration. Clinical placements are with the Securities and Exchange Commission. Please refer to the Office of Clinical and Pro Bono Programs website (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and other clinical information.

Securities Regulation

Fall term, Block D
Th,F 9:50 AM - 11:20 AM

Mr. Starvos Gkantinis (Gadinis)
3 classroom credits LAW-46200A

Securities laws set the terms under which corporations can raise financing from the public. To support an active and highly liquid market, the securities laws set up a sophisticated regulatory apparatus administered by the Securities and Exchange Commission. This course offers an introduction to the two most important federal securities laws, the Securities Act of 1933 and the Securities Exchange Act of 1934, and the elaborate disclosure obligations they impose on the distribution and trading of investment securities. Topics to be covered include the preparation of disclosure documents, exemptions from disclosure requirements, the relationship between disclosure obligations and anti-fraud rules, the duties of participants in securities transactions, and the applicability of federal securities laws to transnational transactions. Most students find it helpful to have completed or to take concurrently a course in Corporations before taking Securities Regulation. Students who have not done so should speak with the instructor during the first week of classes.

Selected Topics in Administrative Law: Seminar

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

Visiting Professor Anne Joseph O'Connell
2 classroom credits LAW-98475A

This seminar will combine theory and practice of administrative law, drawing from new academic research as well as from recent litigation and events. It will explore a series of subjects, including: agency design, delegation, and oversight during the financial crisis; agency appointments in modern administrations; complex and expedited rulemaking procedures; complex and expedited adjudicatory practices; the Freedom of Information Act and the Privacy Act; preemption of state law; and state administrative law.

Administrative Law is a prerequisite for this seminar.

Self, Serenity, and Vulnerability: East and West

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

Professors Roberto Mangabeira Unger and Michael Puett (Faculty of Arts and Sciences)
2 classroom credits LAW-46261A

This course is a comparative inquiry into certain forms of moral consciousness and their metaphysical assumptions in the high cultures of Eurasia. We organize discussion around a broad background concern as well as a focused foreground theme.

The background concern is the meaning or meaninglessness of human life: comparison of some of the ways in which philosophy, religion, and art in the East and the West have dealt with the fear that our lives and the world itself may be meaningless.

The foreground theme is the contrast between two answers to the question -- how should I live my life? One answer, valuing serenity achieved through disengagement from illusion and vain striving, is: stay out of trouble. Another answer, prizing the acceptance of vulnerability for the sake of self-construction and self-transformation is: look for trouble.

The second answer has come to play a major part in the moral and political projects that command attention throughout the world today. We seek to understand this second answer and to assess it in the light of speculative ideas that have been prominent in Eastern and Western thought. Conversely, we use our chosen theme to explore how Eastern and Western speculation have dealt with the limits of insight into what matters most. To these ends, we consider exemplary writings from several traditions: Chinese, South Asian, ancient Greek, and modern European.

The course is jointly offered by the Faculty of Arts and Sciences and the Law School.

Michael Puett is Professor of Chinese History and Chair of the Department of East Asian Languages and Civilizations.

Separation of Powers

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

Judge Brett Kavanaugh
3 classroom credits LAW-46305A

This course will examine the structure of our national government and our system of separated powers with checks and balances. We will examine a variety of cases and disputes concerning separation of powers issues; as we do so, we will focus not only on court decisions but also on how officials and lawyers in the Legislative Branch and Executive Branch have handled -- and should have handled -- those controversies. During the course, we also will discuss ongoing and current events that illustrate the continuing significance of our three-branch constitutional structure. General topics will include: the process for electing the President; the appointment and removal of executive officers; the role of the President in the legislative process, including the veto power; Presidential power with respect to criminal law enforcement and prosecution; the President's authority to issue signing statements and to decline to execute unconstitutional laws; the congressional spending authority and power of the purse; congressional oversight of the executive branch; the scope of executive privileges, particularly with respect to congressional inquiries; the interaction of the three Branches with respect to war and the foreign policy and national security of the United States; the roles of the President and the Senate in the appointment of Supreme Court Justices and inferior court judges; and the role of the Judiciary in refereeing disputes and power struggles between the Legislative and Executive Branches.

As we explore these topics, we will examine historical precedents and controversies relating to these issues. We will also explore more modern separation of powers controversies and debates, such as: the post-September 11 Supreme Court, Presidential, and congressional decisions and actions with respect to the war against al Qaeda; the actions of the President and the Senate in the appointments of Supreme Court Justices; Bush v. Gore; the independent counsel law and investigations of executive officials; executive privilege and impeachment controversies in the 1970s and 1990s; and the functions of the Attorney General, Counsel to the President, and Assistant Attorney General for the Office of Legal Counsel in formulating legal advice for the President.

The textbook will be Shane and Bruff, Separation of Powers Law (2d ed. 2005), supplemented by a few cases that have been decided since 2005. There will be an in-class, open-laptop, 3-hour examination.

Sex Equality

Fall term, Block A/C
M,T 9:00 AM - 12:00 PM, W 10:20 AM - 12:00 PM

Visiting Professor Catherine MacKinnon
4 classroom credits LAW-46315A

The relation between sex equality under law and sex inequality in society is interrogated in theory and practice in the context of relevant social science, history, and international and comparative law. Mainstream equality doctrine is probed on its own terms and through an alternative. Cases on concrete issues--including work, family, rape, sexual harassment, lesbian and gay rights, abortion, prostitution, pornography--structure the inquiry. Race, economic class, and transsexuality are considered throughout. The purpose of the course is to understand, criticize, and expand the law toward equality between women and men. No prerequisites.

This course will meet in September and October only on the following dates.

Sept 2, 8, 9, 21, 22, 23, 28, 29, 30
Oct 5, 6, 7, 13, 14, 19, 20, 21, 26, 27, 28

Shareholder Activism

Fall term, Block G
M,T 3:20 PM - 4:50 PM

Professor Lucian Bebchuk and Ms. Beth Young
2 classroom credits LAW-46381A

This course will focus on the practice and regulation of shareholder activism in US publicly-traded companies. After examination of the legal and economic impediments to shareholder involvement in corporate affairs, we will proceed to examine the ways in which some shareholders have sought to influence the governance of firms. Here we will review in detail the regulation and practice of shareholder proposals; we shall discuss both the requirements that stockholders must meet to place proposals on the corporate ballot -- and the main types of proposals that shareholders have been putting forward, including proposals concerning majority voting, executive compensation, poison pills, and corporate social responsibility. We shall also discuss other ways in which stockholders may seek to influence firm governance, including withhold campaigns and proxy contests, and the role of the Securities and Exchange Commission in regulating shareholder actions and communications. In addition, we shall examine the different types of players in the shareholder activism landscape, including money managers, hedge funds, union and public pension funds, block-holders, and shareholder advisors such as RiskMetrics.

The course will meet for 16 sessions of one and a half hours during the semester. Speakers representing different dimensions of the shareholder activism landscape will participate and speak in some of the sessions. There will be no exam; instead, students will be required to submit a series of written assignments. 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 in the course is limited to 40.

Beth Young, whose legal practice has focused on the shareholder activism area, is a Senior Research Associate of The Corporate Library and Principal of Corporate Governance Research and Consulting.

Sources of Environmental Law: Seminar

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

Visiting Professor Jedediah Purdy
2 classroom credits LAW-94215A

The seminar will examine the political and cultural contexts in which some of our major environmental and natural-resource regimes arose. Concentrating mainly on the nineteenth and twentieth centuries, we will consider how ideas of the natural world have interacted with broader themes of American politics, such as national purpose, the meaning of citizenship, and the scale and purposes of national government. We will also use our examination of historical change to consider where to look for sources of change in addressing today's defining environmental problems.

Sports and the Law: Examining the Legal History and Evolution of America's Three "Major League" Sports: MLB, NFL and NBA

Fall term, Block F/X
Th 1:15 PM - 4:30 PM

Mr. Peter Carfagna
3 classroom credits LAW-41441A

This basic Sports Law course will offer an overview of the three major sports that dominate the American sports scene today: Major League Baseball, the National Football League, and the National Basketball Association. The Course will devote approximately equal time to each of these 3 major sports, and compare/contrast the similarities and differences among them, from an historical legal perspective. Specifically, it will evaluate the evolution of the 3 major leagues, and examine how Supreme Court and other courts' landmark decisions have affected the path of their progress.

In so doing, practical examples of the cutting edge issues for practitioners in each of these 3 leagues will be offered. "Hypothetical" examples of negotiating, drafting and litigating the most significant issues in each of these 3 sports will be analyzed in group settings. Negotiation strategies, contract-drafting techniques and litigation-related resolutions will be explored within each group.

Class participation and successful completion of weekly assignments will count for a significant portion of the student's final grade. Enrollment is limited to 49 second year, third year and LLM students.

For JD students who take this course, it will satisfy one half of the Option 2 writing requirement.

Clinical Component: Up to 10-12 students may participate in the clinical component. Clinical placements will be in a variety of settings including legal departments of major leagues, and with law firms and lawyers doing sports law in representing individual players or teams/leagues. Admission into the clinical is by application only, and priority will be given to students who will be taking or have taken Sports Law: Examining the Legal History and Evolution of America's Three 'Major League' Sports: MLB, NFL and NBA in Fall 2008 or Fall 2009 or who have taken Sports and the Law: Representing the Professional Athlete in Spring 2008 or Spring of 2009 (students who completed one of the above-referenced Sports Law classes will only do the clinical component and do not need to re-take the class).

To apply, send a resume and a letter of interest to the Office of Clinical and Pro Bono Programs: clinical@law.harvard.edu and to pcarfagna@law.harvard.edu. Letters of interest should include descriptions of prior Sports Law experience. Applications are due to the Office of Clinical and Pro Bono Programs by Monday, October 1, 2009.

Sports and the Law: Representing the Professional Athlete

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

Mr. Peter Carfagna
3 classroom credits LAW-41440A

This course will begin with an overview of the sports marketing industry and then proceed to discuss some of the more important legal doctrines relating to that industry, involving intellectual property law, labor law and contract law. In that context, the course will explore the skills necessary to conduct a series of 'hypothetical' sports-related contract negotiations. The students will then participate in group-based contract-drafting exercises with an emphasis on client representation

Contracts to be drafted include a "product endorsement agreement," and a "name, image and likeness" lithograph poster agreement. Simulated depositions and "oral arguments" will also be conducted. Next, in the context of a mock litigation, students will assume a "contract breach" of the agreements they have drafted. In turn, they will draft document requests, deposition questions and legal briefs in support of the contractual positions taken during the contract drafting exercises.

Class participation and successful completion of weekly assignments will count for a significant portion of the student's final grade. Enrollment is limited to