Yale Law School 2017–2018

Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. C. Rodríguez (Section A), R.B. Siegel (Section B), J.M. Balkin (Group 1), P. Gewirtz (Group 2), A. Kapczynski (Group 3), S. Moyn (Group 4), J. Rubenfeld (Group 5), K. Stith (Group 6)

Contracts I (11001) 4 units. I. Ayres (Section A), S.L. Carter (Section B), L. Brilmayer (Group 1), A. Chua (Group 2), H. Hansmann (Group 3), Y. Listokin (Group 4), D. Markovits (Group 5)

Procedure I (12001) 4 units. W.N. Eskridge, Jr. (Section A), A.R. Gluck (Section B), H.H. Koh (Section C)

Torts I (13001) 4 units. D. Kysar (Section A), J.F. Witt (Section B), G. Calabresi (Group 1)

Advanced Courses

Administrative Law (20170) 4 units. This course will review the legal and practical foundations of the modern administrative state. Topics will include the creation of administrative agencies and the nondelegation doctrine, the internal process of adjudication and rulemaking in administrative agencies, judicial review of administrative action, the organization of the executive branch, liability for official misconduct, and beneficiary enforcement of public law. Scheduled examination. J.L. Mashaw

Administrative Law: Advanced Topics (20344) 2 units. This seminar is a “pilot” for a large-classroom course in advanced administrative law that the instructor plans to offer in a future academic year. It will cover matters of doctrine, professional craft, and organizational behavior that arise when lawyers seek to influence, negotiate with, litigate against, or defend federal agencies. The seminar’s topics build upon the foundational course in Administrative Law but are not covered there due to limited time. Coverage will likely include: agency investigations and enforcement; the Freedom of Information Act and its uses and pathologies; remedies against agencies, as well as agency refusals to acquiesce in judicial precedent; the means by which the government can sign away some of its policy-making authority through consent decrees; damage actions against federal agencies and officials, including how the judgment fund and indemnification blunt their effects; means of influencing the “front end” of an agency rulemaking before policy becomes set in stone (including advisory committees); the art of seeking guidance from agencies; the importance of reputations and long-term relationships in the interactions between officials, regulated entities, and their attorneys; and the unique aspects of practicing law as a representative of the government. Students are required to participate actively in each week’s discussion. Grades will be based solely on class participation. Prerequisite: Administrative Law or Introduction to the Regulatory State (or similar preparation). Enrollment limited to eight. N.R. Parrillo

Advanced Appellate Litigation Project (30200) 5 units (3 fall, 2 spring), graded. Students will represent pro se clients before the United States Court of Appeals for the Second Circuit. Under the supervision of Yale faculty and attorneys from the appellate group at Wiggin and Dana, teams of three students will work on cases referred through the Pro Bono Counsel Plan for the Second Circuit. This program provides legal representation to pro se appellants with meritorious civil cases pending before the court. The issues raised in these cases may include immigration, employment discrimination, prisoners’ civil rights, and other section 1983 claims. Students will take primary responsibility for drafting the briefs in their assigned case, and one of them will deliver oral argument before the Second Circuit. Through the instructional portion of the clinic, students will learn principles of appellate law and practice, including concepts such as standard of review, preservation of issues, and understanding the appellate record. Students will also receive instruction in brief writing and oral advocacy. Due to the briefing and argument schedule for a civil appellate case, this is a two-term offering. Permission of the instructors required. Enrollment will be limited to six or nine students depending on case assignments. S.B. Duke, B.M. Daniels, and T. Dooley

Advanced Challenging Mass Incarceration Clinic: Fieldwork (30146) 2 units. Open only to J.D. students who have completed Challenging Mass Incarceration Clinic: Seminar and Fieldwork. The advanced seminar and fieldwork sections must be taken simultaneously. Permission of the instructor required. Enrollment limited to five. M.S. Gohara

Advanced Challenging Mass Incarceration Clinic: Seminar (30145) 1 unit. Open only to J.D. students who have completed Challenging Mass Incarceration Clinic: Seminar and Fieldwork. The advanced seminar and fieldwork sections must be taken simultaneously. Permission of the instructor required. Enrollment limited to five. M.S. Gohara

Advanced Community and Economic Development Clinic: Seminar (30104) and Fieldwork (30132) 1 unit, credit/fail (seminar); 1–3 units, graded (fieldwork). Open only to students who have completed Community and Economic Development Clinic. Permission of the instructors required. A.S. Lemar and C.F. Muckenfuss III

Advanced Criminal Justice Clinic: Fieldwork (30108) 1 or 2 units, credit/fail or graded, at student option. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty and S.O. Bruce III

Advanced Deals Workshop: Public Company M&A (20508) 3 units. This course will focus on the practical and legal issues that corporate lawyers face in structuring and negotiating merger and acquisition transactions involving public companies, as well as planning and defending against hostile takeovers. Topics will include understanding the roles of corporate lawyers and other players in M&A transactions, structuring deals, drafting and negotiating merger agreements to allocate risk and protect the deal, designing and implementing corporate takeover defenses including litigation strategies, planning hostile takeovers, managing conflict transactions including squeeze-outs and leveraged buyouts, and responding to shareholder activists and hedge funds. Prerequisite: Business Organizations or equivalent. Permission of the instructor required. Open only to J.D. students. Self-scheduled examination. Enrollment limited to fourteen. E.S. Robinson

Advanced Educational Opportunity and Juvenile Justice Clinic (30111) 4 units, graded or credit/fail, at student option. Open only to students who have completed Educational Opportunity and Juvenile Justice Clinic and were enrolled in Advanced EOJJ Clinic in spring 2017. Permission of the instructors required. Enrollment limited to two. J. Forman, Jr., M.S. Gohara, and E.R. Shaffer

Advanced Environmental Protection Clinic (30165) 1 to 4 units. Open only to students who have successfully completed Environmental Protection Clinic. Students who complete this section for 2 or more units may satisfy the professional responsibility or legal skills requirement. Permission of the instructors required. Enrollment limited. J.U. Galperin, D. Hawkins, and L. Suatoni

Advanced Environmental Protection Clinic: Fieldwork: Practice at the Intersection of Civil Rights and Environmental Law (30206) 1 to 4 units. Students will have the opportunity to continue the development of Yale Law School’s new Environmental Justice Clinic and to develop a docket to improve environmental quality and public health in communities of color and low-income communities. The clinic represents clients challenging inequality in the distribution of health hazards as well as procedural inequities they face as they seek to assert their own vision for the future of their neighborhoods, towns, and cities. The clinic’s work includes cases and advocacy projects to enforce civil rights in the environmental context and to address issues of environmental injustice in particular communities. The seminar will meet approximately one hour per week. Advanced Fieldwork participants must complete and document hours of clinical work per week commensurate with their credit hours. Students will also be expected to participate in weekly one-half-hour team meetings. Previous participation in the EJ Clinic is a prerequisite for Advanced Fieldwork. Permission of the instructor required. Also F&ES 975a. M.E. Lado

Advanced Environmental Protection Clinic: Seminar: Practice at the Intersection of Civil Rights and Environmental Law (30205) 1 unit, credit/fail. Students participating in Advanced Environmental Protection Clinic: Fieldwork can participate in this advanced seminar, which is intended to dive into issues raised by the clinical practice, including both substantive issues of environmental and civil rights law, as well as questions related to practice, including ethical and social dimensions of lawyering in the environmental justice context. The seminar will meet approximately one hour per week and will be student-organized. Also F&ES 633a. M.E. Lado

Advanced Ethics Bureau (30167) 3 units. This course is for students who have already taken either the Ethics Bureau at Yale clinic or a course in professional responsibility, and who wish to contribute further to the work of the Bureau. Permission of the instructor required. Enrollment limited. L.J. Fox

Advanced International Refugee Assistance Project (30171) 2 or 3 units. A fieldwork-only option. Prerequisite: International Refugee Assistance Project. Permission of the instructors required. R.M. Heller and L. Finkbeiner

Advanced Legal Assistance: Domestic Violence Clinic (30208) 1 to 4 units. Open only to students who have completed Legal Assistance: Domestic Violence Clinic. Permission of the instructors required. C. Frontis and E. Messali

Advanced Legal Assistance Clinic: Immigrant Rights: Fieldwork (30203) 1 to 4 units, credit/fail, with graded option at student’s choice. Open only to J.D. students who have completed Legal Assistance: Immigrant Rights Clinic. Permission of the instructors required. J. Bhandary-Alexander and D. Blank

Advanced Legal Assistance Reentry Clinic (30202) 1 to 4 units, graded or credit/fail, at student option. Open only to students who have completed the Legal Assistance Reentry Clinic. Permission of the instructors required. A. Eppler-Epstein and E.R. Shaffer

Advanced Legal Research: Methods and Sources (20486) 2 or 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: secondary legal authority, case law, statutory authority, legislative history, court rules and practice materials, and administrative law. The course will also cover the legal research process and tracking research, as well as other strategies for efficient and effective legal research. Class sessions will integrate the use of online, print, and other research sources to solve legal research problems. Laptop computer recommended. Students are required to complete a series of assignments, in addition to other course requirements. Students who wish to qualify for a third unit will need to write a paper, in addition to other course requirements. This course will be taught in two sections. J.G. Krishnaswami, R.D. Harrison, J.A. Jefferson, and S. Stein

Advanced Legal Writing (20032) 2 or 3 units. This course will explore the theory and practice of drafting legal memoranda and briefs. Students will have the opportunity to refine analytical as well as writing skills. For 2 units, students will complete two drafts of a legal memo and a brief-revision exercise. To qualify for an additional unit, students will write a second memo that will require them to apply the law to a complicated and disputed set of facts. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Open only to J.D. students. Enrollment limited to ten. R.D. Harrison

Advanced Lowenstein International Human Rights Clinic (30174) 3 or 4 units. Open only to students who have completed Lowenstein International Human Rights Clinic. Permission of the instructors required. J.J. Silk, A.S. Bjerregaard, and H.R. Metcalf

Advanced Media Freedom and Information Access Clinic (30176) 1 to 4 units, credit/fail, or graded at student option. Open only to students who have completed two terms of Media Freedom and Information Access Clinic. Permission of the instructors required. D.A. Schulz, J.M. Balkin, H. Bloch-Wehba, and J. Langford

Advanced Reproductive Rights and Justice Project: Fieldwork (30231) 1 to 3 units, graded or credit/fail, at student option. Students may enroll in the fieldwork section without enrolling in the seminar section. Prerequisite: Reproductive Rights and Justice Project. Permission of the instructors required. P.J. Smith and K. Kraschel

Advanced Reproductive Rights and Justice Project: Seminar (30230) 1 unit, credit/fail. A weekly hour-long seminar only for returning students who are also enrolled in Advanced RRJP: Fieldwork. This seminar is student-organized with an instructor in attendance. Prerequisite: Reproductive Rights and Justice Project. Permission of the instructors required. P.J. Smith and K. Kraschel

Advanced Rule of Law Clinic: Fieldwork (30209) 2 units, graded or credit/fail, at student option. Open only to students who have completed Rule of Law Clinic. Permission of the instructors required. H.H. Koh, M.J. Wishnie, H.R. Metcalf, and P.M. Spector

Advanced Rule of Law Clinic: Seminar (30210) 1 unit, credit/fail. Students who enroll in this seminar must also be enrolled in Advanced Rule of Law Clinic: Fieldwork. Open only to students who have completed Rule of Law Clinic. Permission of the instructors required. M.J. Wishnie, H.R. Metcalf, P.M. Spector

Advanced Sentencing Clinic: Fieldwork (30149) 2 units. This clinic will provide students who have completed Criminal Justice Clinic (CJC) or Challenging Mass Incarceration Clinic (CMIC) an opportunity to participate in a course featuring a 1-unit seminar and 2-unit fieldwork component. The seminar will provide students an opportunity to deepen their study of Connecticut and federal sentencing law, policy, and practice. The fieldwork is designed to build on the written and oral advocacy skills students have developed in CJC and CMIC. Students will handle cases involving a combination of state appellate litigation, the Connecticut parole revocation process, and federal supervised release revocation hearings. The fieldwork and seminar components must be taken simultaneously, unless there is instructor permission for a different arrangement. Open only to students who have taken either CJC or CMIC. Permission of the instructors required. Enrollment limited to ten. F.M. Doherty, M.S. Gohara, M. Orihuela, and T. Ullmann

Advanced Sentencing Clinic: Seminar (30148) 1 unit. This clinic will provide students who have completed Criminal Justice Clinic (CJC) or Challenging Mass Incarceration Clinic (CMIC) an opportunity to participate in a course featuring a 1-unit seminar and 2-unit fieldwork component. The seminar will provide students an opportunity to deepen their study of Connecticut and federal sentencing law, policy, and practice. The fieldwork is designed to build on the written and oral advocacy skills students have developed in CJC and CMIC. Students will handle cases involving a combination of state appellate litigation, the Connecticut parole revocation process, and federal supervised release revocation hearings. The fieldwork and seminar components must be taken simultaneously, unless there is instructor permission for a different arrangement. Open only to students who have taken either CJC or CMIC. Permission of the instructors required. Enrollment limited to ten. F.M. Doherty, M.S. Gohara, and T. Ullmann

Advanced San Francisco Affirmative Litigation Project (30179) 1 to 4 units, graded, with a credit/fail option. Open only to those students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructors required. H.K. Gerken and C. Kwon

Advanced Supreme Court Advocacy (30181) 4 units (2 fall, 2 spring). Open only to students who have completed Supreme Court Advocacy Clinic. The course requires a full-year commitment. Permission of the instructors required. L. Greenhouse, P. Hughes, M. Kimberly, A.J. Pincus, and C.A. Rothfeld

Advanced Veterans Legal Services Clinic: Fieldwork (30126) 1 to 4 units, graded or credit/fail, at student option. Students may enroll in the fieldwork section without enrolling in the seminar section. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.E. Lado, M.J. Wishnie, and A. Wenzloff

Advanced Veterans Legal Services Clinic: Seminar (30125) 1 unit, credit/fail. A weekly seminar session only for returning students who are also enrolled in Advanced VLSC: Fieldwork. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.E. Lado, M.J. Wishnie, and A. Wenzloff

Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork (30130) 1 to 4 units, graded or credit/fail, at student option. Students may enroll in the fieldwork section without enrolling in the seminar section. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

Advanced Worker and Immigrant Rights Advocacy Clinic: Seminar (30129) 1 unit, credit/fail. A weekly seminar session only for returning students who are also enrolled in Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

Advanced Written Advocacy (30218) 3 units. This seminar will train students to advocate for their clients more effectively. The class will scrutinize excellent trial motions and appellate briefs to see how top practitioners tell their clients’ stories, organize and build legal arguments, and advance their clients’ strategic interests. The class will also review numerous other types of litigation-related documents, including letters, memoranda, and complaints. Although the course will provide a fair amount of instruction about the stylistic side of “legal writing,” it will focus on advocacy’s more substantive, strategic facets. Students will prepare several assignments, at least one of which will be prepared as part of a team. N. Messing

American Leadership and Global Order (20661) 2 units. This course will examine the policy and legal challenges of updating international norms, institutions, and relationships to reflect the realities of the contemporary global landscape while continuing to advance U.S. leadership. It will start from the premise that the global order the United States helped build at the end of the Second World War needs serious renovation, and the United States needs to lead that renovation: to improve collective capacity to manage threats; to mobilize action to address shared challenges; and especially to shape updated rules of the road that govern interstate and transnational conduct in key areas. The course will focus on some of these key areas—nonproliferation, climate change, trade and economics, human rights, maritime and territorial disputes—and assess the policy and legal options available to U.S. national security decision makers. Readings will be largely contemporary. The class will meet for seven weeks during the first part of the term. Thereafter there will be direct supervision of paper topics. Permission of the instructor required. Paper required. Enrollment limited to eighteen Law students. P. Gewirtz and J.J. Sullivan

Animal Law (20054) 2 or 3 units. This course will examine the application of the law to nonhuman animals, the rules and regulations that govern their treatment, and the concepts of “animal welfare” and “animal rights.” The course will explore the historical and philosophical treatment of animals; discuss how such treatment impacts the way judges, politicians, lawyers, legal scholars, and lay people see, speak about, and use animals; survey current animal protection laws and regulations, including overlap with such policy issues as food and agriculture, climate change, and biodiversity protection; describe recent political and legal campaigns to reform animal protection laws; examine the concept of “standing” and the problems of litigating on behalf of animals; discuss the current classification of animals as “property” and the impacts of that classification, and debate the merits and limitations of alternative classifications, such as the recognition of “legal rights” for animals. Students will write a series of short response papers. An option to produce a longer research paper for Substantial or Supervised Analytic Writing credit will be available. Enrollment limited to forty. Also F&ES 827a. D. Kysar and J. Lovvorn

Antitrust: Directed Research (20175) Units to be arranged. This seminar will provide an opportunity for discussion among students interested in writing Substantial or Supervised Analytic Writing papers on current (or historical) antitrust topics. Paper required. G.L. Priest

Antitrust in Developing Countries (20406) 1 unit. This short course will address the role of antitrust law today in countries whose economies have been shaped by colonialism. There will be a particular focus on South American countries, especially Brazil, though the principles discussed will be more far-reaching. G.L. Priest and C. Salomão Filho

Antitrust Law (20629) 4 units. This course will provide an introduction to U.S. antitrust law, which is the basic federal law governing business competition, and the economic analysis relevant to understanding it. The course will focus on the three categories of conduct that can impair competition: agreements among competitors, conduct that excludes or weakens competitors, and mergers among firms. It will examine both important cases that set forth current antitrust doctrine and challenges presented by new commercial circumstances, including business strategies related to intellectual property, multisided markets, new pricing strategies, and the increasing significance of multinational markets. The course will also address the distinctive common law-like process, informed by economic analysis and legal process considerations, by which antitrust doctrine evolves. No prior knowledge of economics is required. Self-scheduled examination. A.D. Melamed

Applied Corporate Finance (20589) 4 units. An introduction to the fundamentals of financial economics in conjunction with legal applications focusing on corporate debt contracts and equity valuation proceedings. The course will cover basic finance concepts, such as net present value, stock and bond valuation, the capital asset pricing model, and option pricing. The objective is not to develop computational skills, so much as to master the application of finance theory to specific legal issues. There are no prerequisites, although familiarity with the essentials of corporate law will be assumed, and a tolerance for rudimentary mathematical example and computation is advisable. Scheduled examination. R. Romano

Arbitration and Administrative Law Project (30225) 1 unit, credit/fail. The Connecticut Department of Consumer Protection provides residents with the option to resolve disputes regarding Connecticut’s New Car Lemon Law Program and the Lottery Delinquency Assessment process through arbitration. Training will concern the substantive dispute areas, administrative procedures, as well as rules of ethics. Students will oversee and resolve contested cases as arbitrators and hearing officers for oral hearings. The course is designed to allow students to apply Connecticut law to facts in unresolved disputes and draft and render initial decisions describing their findings of facts, conclusions of law, and any applicable orders. Permission of the instructor required. Enrollment limited to twenty-five. I. Ayres

[The] Art of Argument (20623) 2 units. The strong written argument is an essential aspect of effective legal advocacy. Lawyers must know how to convincingly present and marshal evidence for a client’s position, in writing that is as clear and sharp as possible. Increasingly, lawyers also make use of the media to advocate for clients and causes. In the court of public opinion, it is especially important that lawyers write and speak in crisp, engaging, and persuasive terms. To build these skills, this class is designed to teach students how to write for a broad audience—via the op-ed page of a newspaper, a magazine, or a general-interest website or blog, or in a book review to be published in a mainstream media outlet. The class will also discuss the ethics for lawyers of working as sources with the press, the responsibilities of lawyers to their clients in this context, and the responsibilities of journalists to their subjects and to the public. The class will take account of developments in digital journalism and in American politics that are affecting each other and changing the landscape of journalism: fake news and false charges of fake news; self-segregation through filter bubbles; hidden algorithms for searching and for identifying trending stories; and more. Students will learn (or improve on) how to use the media to educate the public and advocate for issues that are of professional interest. Multiple short writing assignments. Permission of the instructor required. Enrollment limited to sixteen. E. Bazelon and L. Caplan

Bankruptcy (20106) 4 units. This course will concern both business and consumer bankruptcies. It will ask: Why is a federal bankruptcy procedure necessary? What normative goals should animate that procedure? When should insolvent firms be reorganized rather than liquidated? How should macro-stresses affect bankruptcy law? What is the relation between an ex post insolvency law and the ex ante investment and other behavior of firms? How can a consumer bankruptcy law best resolve the trade-off between insurance (the discharge) and incentives—holding people to their obligations? A casebook will form the basis of the readings, and there will be considerable stress on learning the law as well as the economics of bankruptcy. Self-scheduled examination. A. Schwartz

Bioethics and Law (20571) 2 or 3 units. Participants in this seminar will discuss the regulation by the federal government and, more importantly, by the states, of a number of current issues in biomedical ethics. Topics to be discussed include end-of-life care and aid-in-dying; abortion, assisted reproduction, and related family-law issues; experimentation on human subjects and on human tissues; organ recruitment, donation, and transplantation; and issues relating to informed consent and privacy. The class will take brief comparative looks at other countries’ regulations in some areas. Students will earn 2 units for a twenty-page paper, 3 units for a longer paper. Paper required. Enrollment limited to twenty. S. Latham

Business Organizations (20219) 4 units. An introduction to the business corporation laws affecting the rights and roles of corporate boards of directors, senior executive officers, and shareholders, with attention to both large, publicly traded firms and to closely held companies. Shareholders’ economic interests are examined from the perspective of limited liability and dividend standards, expectations of liquidity or transferability of shares, and the use of debt capital as a mode of financing corporate activity. Shareholders’ limited participation rights in corporate decision making will be examined from the perspective of state and federal rules governing shareholder voting and the disclosure of corporate information and the notion of managerial expertise (e.g., as evidenced by judicial application of the “business judgment rule”). The latter part of the course will focus on directors’ and officers’ fiduciary obligations to shareholders, examining the operation of these duties in a variety of settings and transactions. Issues relating to the roles and functions assumed by corporate attorneys (with respect to their clients) and the role of business corporations within society will also be addressed. Self-scheduled examination. J.R. Macey

Capital Punishment Clinic (30161) 6 units (3 fall, 3 spring), credit/fail in the fall term with the option of graded credit in the spring. Students will gain firsthand experience in capital defense, working as part of a team representing indigent defendants facing the death penalty in cases being handled by the Southern Center for Human Rights in Atlanta or the Equal Justice Initiative in Montgomery, Alabama. Projects and case assignments will vary according to the position of each clinic case in the process, but all projects will require legal research, analysis and writing, strategy meetings with team members, and preparation for appellate arguments and may include interviews with clients or witnesses. Students will complete at least one substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. Opportunity for travel to the South to conduct research and investigation with the Southern Center for Human Rights or the Equal Justice Initiative is available but not required. Students enroll in the fall term and continue in the spring. In rare and exceptional cases, a student may be admitted for the spring term. The course is limited to students who have taken Capital Punishment: Race, Poverty, Disadvantage or plan to take it in the spring term. (Students who have taken Capital Punishment: Race, Poverty, Disadvantage will be given priority in admission.) Permission of the instructors required. Enrollment limited. S.B. Bright, A.M. Parrent, and S.M. Sanneh

Challenging Mass Incarceration Clinic (30135) and Fieldwork (30136) 2 units, credit/fail, with a graded option for each part (4 units total). The clinic and the fieldwork must be taken simultaneously. For the first time in a generation, there is bipartisan reconsideration of the criminal laws and “tough-on-crime” policies that have led to the imprisonment of more than two million people in the United States in what many describe as “mass incarceration.” In the clinic’s seminar, students will study the legal, social, and policy factors that contributed to the exponential rise of America’s prison population and consider alternative approaches to punishment. In the fieldwork, students will represent clients in federal sentencing proceedings and in state post-conviction cases. Students will learn advocacy strategies aimed at mitigating or ameliorating their clients’ punishment, both prospectively during sentencing and retrospectively during post-conviction proceedings if the fieldwork docket includes state cases. This work will include: building relationships with clients (some of whom will be incarcerated); interviewing witnesses; investigating case facts; developing case theories; working on interdisciplinary teams alongside expert witnesses; using narrative writing techniques to prepare persuasive pleadings; and developing reentry plans for clients leaving prison. Open only to J.D. students. Permission of the instructor required. Enrollment limited to six. M.S. Gohara

Citizenship in Crisis (20513) 2 units. The United States today faces a “crisis of citizenship.” Just as it enjoys a reputation as the first modern state to experience popularly elected government, the United States is now the outlier in terms of authorizing massive disenfranchisement. How are we to account for this gap between the country’s cherished values and their violation in practice? The class will begin by studying how previous generations fought against significant forms of discrimination and ultimately abolished, inter alia, gender inequality (at least most of it) and racial exclusions in citizenship and naturalization law. The class will also trace the acceptance of dual citizenship and the Supreme Court’s role in declaring denaturalization unconstitutional (the U.S. denationalized 140,000 citizens before the Supreme Court declared it unconstitutional in 1967). The class will study how social mobilization movements as well as certain legal and procedural tools and strategies contributed to these victories in the fight for citizenship equality. Viewed in the light of historical developments and international examples, students will analyze current discriminatory and exclusionary practices in U.S. citizenship laws and evaluate different possible strategies to reduce and even eliminate them. Self-scheduled examination or paper option. P. Weil

Community and Economic Development Clinic (30103) and Fieldwork (30131) 2 units, graded or credit/fail, at student option, for each section (4 units total). Students must be enrolled in the seminar and fieldwork sections simultaneously. CED explores the role of lawyers and the law in building wealth and opportunity in low-income communities. The clinic focuses on issues of neighborhood revitalization, social entrepreneurship, sustainable development, and financial inclusion as they relate to community and economic development. Students will represent clients in a range of legal matters including formation and governance of for-profit, not-for-profit, and hybrid entities; negotiating and drafting contracts; developing employment and other policies; structuring real estate transactions; resolving zoning and environmental issues; providing tax advice; drafting and advocating for legislation; and appearing before administrative agencies. CED engages students in client representation and policy advocacy at the local, state, and federal levels. Students will gain skills in client contact, contract drafting, transactional lawyering, legal research and writing, regulatory and legislative advocacy, administrative agency contact, and negotiation. The class seminar will cover federal, state, and local policies affecting urban and suburban places; substantive law in tax, real estate development, and corporate governance; and transactional and regulatory lawyering skills, such as negotiating and drafting contracts. Each student will meet with faculty once a week for fieldwork supervision. The clinic is open to students from the Schools of Law, Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Permission of the instructors required. Enrollment limited to eight. A.S. Lemar and C.F. Muckenfuss III

Comparative Constitutional Law (20518) 3 units. An effort to define the key concepts adequate for an evaluation of the worldwide development of liberal constitutionalism since the Second World War. Self-scheduled examination or paper option. Enrollment limited to twenty. Also PLSC 709a. B. Ackerman

Comparative Constitutional Law: Seminar (20121) 2 units. This seminar will provide a comparative perspective on American constitutional law by looking at analogous case law and institutions from other constitutional democracies including the U.K., Germany, France, Japan, India, Canada, South Africa, Australia, Indonesia, South Korea, Brazil, Italy, Israel, and the European Union. Topics will include amendment mechanisms, secession, judicial review, separation of powers, federalism, fundamental rights, equality, freedom of expression, freedom of religion, comparative procedure, property rights and economic liberties, entitlements to government aid, and guarantees of democracy. Paper required. A.R. Amar and S.G. Calabresi

Comparative Law (20410) 4 units. An introduction to the comparative study of different legal systems. The course will focus primarily on differences between the ways that law and order are maintained, and justice pursued, in the United States, on the one hand, and in Germany and France, on the other. There will also be some attention to some non-Western traditions, such as those of China, Japan, and Islam. The overarching aim of the course will be to explore the extent to which differences in legal doctrine and legal practice reflect larger differences in social structure. With that aim in mind, the course will explore a variety of issues, among them differences in the French, German, and American concepts of “human dignity” and its protection; differences in civil and criminal procedure; differences in punishment practice; differences in the maintenance of everyday order in the streets; differences in the law of consumer protection; differences in welfare and unemployment law; and differences in the structure and regulation of business and banking enterprises. It is hoped that students will come away from the course both with some knowledge of foreign law and with a heightened sensitivity to some of the ways in which foreign societies can differ from our own. Self-scheduled examination or paper option. J.Q. Whitman

Constitutional Courts under Pressure (20542) 2 or 3 units. Currently, a number of democratic states are undergoing a transformation toward more authoritarian regimes. Often populist parties claim for themselves the exclusive representation of the will of the people. As a consequence, institutions that may exercise veto powers find themselves under pressure, especially constitutional courts or supreme courts with the power of judicial review. This is the case, for instance, in Hungary, Poland, and Turkey. However, the phenomenon is not totally new. There are other examples in history, some with similar, some with different backgrounds (the United States, Austria in the 1930s; Germany in the early years of the Federal Republic; Russia, Israel, some Latin American states more recently). The class will explore these cases with the purpose of finding out what motivated the attempts, which forms they took, whether similar patterns are at work, which arguments are used, under which conditions courts have a chance to defend themselves against being curbed, etc. This course will meet for the first half of the term, between August 28 and October 4. Students who complete Substantial Papers may earn a third unit for the course. Self-scheduled examination or paper option. D. Grimm

Constitutional Impact and Civil Rights Litigation (20628) 2 units. This seminar will explore strategic and doctrinal issues related to the role of impact litigation to advance civil and constitutional rights in today’s legal environment. The course will draw on the instructor’s decades of experience litigating immigration and civil rights law reform and class action cases in federal courts nationwide as founder and director of the ACLU’s national Immigrants Rights’ Project, as well as recent service in the federal government as a senior adviser and legal counsel defending litigation brought against the government. The course will explore the intersection of theory and practice in the context of various civil rights issues, such as LGBT equality, police practices, immigrants’ rights, and other social justice matters. Topics will include ethical considerations; bringing test cases; contemporary doctrinal restrictions on standing and class actions; strategic pleading; structural reform litigation; the role of amicus briefs; suits for damages versus injunctive relief; settlement strategies and issues; coalition litigation; public advocacy and media; and the perspective of government lawyers. Guests with varying views and expertise in different areas will be invited. Students interested in applying must submit a short statement of interest (300 words maximum) to the Office of the Registrar. Substantial Writing credit may be possible for a very limited number of students. No previous courses required; familiarity with constitutional issues is assumed. Open only to J.D. students. Permission of the instructor required. Paper required. Enrollment limited to twenty. L. Guttentag

Constitutional Litigation Seminar (20259) 2 units. Federal constitutional adjudication from the vantage of the litigator with an emphasis on Circuit and Supreme Court practice and procedural problems, including jurisdiction, justiciability, exhaustion of remedies, immunities, abstention, and comity. Specific substantive questions of constitutional law currently before the Supreme Court are considered as well. Students will each argue two cases taken from the Supreme Court docket and will write one brief, which may be from that docket, but will likely come from a circuit court decision. Students will also join the faculty members on the bench and will, from time to time, be asked to make brief arguments on very short notice on issues raised in the class. Enrollment limited to twelve. J.A. Meyer and J.M. Walker, Jr.

Corporate Environmental Management and Strategy (20490) 3 units. This course will focus on understanding the legal, business, and policy logic for making the environment and sustainability a core element of corporate management and strategy. Participants will be asked to analyze how and when environmental, energy, and other sustainability issues can be translated into business model innovation and competitive advantage. The course will combine lectures, case studies, and class discussions on management theory and tools, legal and regulatory frameworks shaping the business-environment interface, and evolving requirements for business success. Project required. Permission of the instructors required. Enrollment limited to forty, from all Yale schools; eight seats are reserved for Law students. Also F&ES 807a and MGT 688a. D.C. Esty and M.R. Chertow

Corporate Finance (20507) 1.5 units. This course will focus on financial management from the perspective of inside the corporation or operating entity. It will use lectures to develop the theory, and cases and problem sets to provide applications. Topics covered include capital budgeting and valuation; capital structure; initial public offerings; mergers; and corporate restructuring. This course will follow the School of Management calendar. Also MGT 541a. H. Tookes

Corruption, Economic Development, and Democracy (20098) 2 or 3 units. A seminar on the link between corruption, economic development, and political and bureaucratic institutions, and on economic development. The seminar will draw on research from law, economics, and political science. Topics covered include corruption and democracy, corruption and gift giving, organized crime and corruption, incentives for corruption in particular sectors (e.g., procurement, licensing, taxation), and the international regime designed to limit corruption and illicit financial flows. Paper (2 or 3 units, that will generally satisfy the Substantial Paper requirement for J.D. students) or self-scheduled examination (2 units). Enrollment limited to ten Law students. Also PLSC 714a. S. Rose-Ackerman

Criminal Justice Clinic (30105) and Fieldwork (30106) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students will represent defendants in criminal cases in the Geographical Area #23 courthouse (the “GA”) on Elm Street in New Haven. Students will handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students will learn how to build relationships with clients, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for clients in court. Students will also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students will be encouraged to think critically about the operation of the criminal justice system and to reflect on opportunities for reform. Because of the frequency of court appearances, students must keep two mornings a week (Monday–Friday, 9 a.m. until 1 p.m.) free from other obligations. Students must also return to the law school a few days before the start of the term to participate in an orientation program intended to prepare them for criminal practice. The fall orientation program will take place on August 24 and August 25, 2017. Open only to J.D. students. Enrollment limited. F.M. Doherty and S.O. Bruce III

Criminal Law (20061) 3 units. This course is given in several sections; it must be taken before graduation. This course will be concerned with fundamental topics in substantive criminal law. It will be concerned with the principles underlying the definitions of crimes (the definitions, primarily, of the acts and mental states that constitute crimes); with the way in which mistakes of fact and law are treated by the criminal law; with the law governing homicide and rape; with the general doctrines concerned with attempt and accomplice liability, which are of relevance to many different crimes; and with a selection of exculpating conditions, namely, insanity, intoxication, self-defense, necessity, and duress. The Model Penal Code will serve as our primary, although not exclusive, statutory text, as it does in many jurisdictions. Students may satisfy the graduation requirement by satisfactorily completing Criminal Law and Administration or Criminal Law, but they may not enroll in both courses. Self-scheduled examination. Enrollment limited to fifty. G. Yaffe

Criminal Procedure: Adjudication and Right to Counsel (20216) 3 units. This course will explore the constitutional law of criminal adjudication. The course begins with constitutional criminal procedure’s beginnings in a case called Hurtado v. California, and covers right to counsel, pretrial proceedings, grand jury, plea bargaining, right to trial by jury, effective assistance of counsel, right of confrontation, jury selection, prosecutorial discretion, sentencing, and double jeopardy. Class participation is expected and may be taken into account in grading. Criminal Procedure: Investigation is not a prerequisite. Scheduled examination. Enrollment capped at seventy-five. T.L. Meares

Critical Perspectives on Law and Organizing: Seminar (20397) 2 units. This seminar will explore a range of approaches to community lawyering, with a particular emphasis on the “law-and-organizing” models that have developed over the past twenty-five years within advocacy efforts by and on behalf of low-wage immigrant workers. The course will begin with an examination of various critiques of traditional law reform and legal aid models, and the ongoing debates they have engendered. In the next phase of the course, the class will explore a number of case studies of particular organizations and campaigns that have combined legal advocacy and organizing. In the final part of the course, students will give presentations based on their seminar papers. Paper required. Enrollment limited to fifteen. R.E. Rosenbloom

Democracy and Distribution (20538) 2 units. The attention showered in 2015 on Thomas Piketty’s book, Capital in the Twenty-First Century, brought issues of inequality in the distribution of income and wealth to the forefront of public and scholarly attention. An enormous body of research has been produced over the past two decades to understand the nature of the dramatic rise in inequality, especially in the United States, and its causes. A long list of proposals for legal change has emerged in response to the outpouring of data and analysis. This course will explore the facts and the causes of and political barriers to potential responses to these recent developments, principally but not exclusively in the United States. Ultimately, the question requires an examination of the relations between democracy and the distribution of income and wealth. Particular attention will be paid to the ways in which different groups, classes, and coalitions affect, and are affected by, democratic distributive politics. Attention will be paid to theories of distribution, politics of distribution, distributive instruments, and the implementation of policies affecting distribution. Substantive topics covered will include regulation, protectionism, taxes, social insurance, welfare, public opinion, education, and unions. Supervised Analytic Writing or Substantial Paper credit possible, with permission of the instructors. Paper required. Enrollment limited to fifteen Law students. Also PLSC 565a. M.J. Graetz and I. Shapiro

Disability and Mental Health Law: Seminar (20027) 2 units. This seminar will examine discrimination, ethical issues, public policy, and comparative law related to individuals who have disabilities or mental illness. The seminar will begin by introducing the concepts of “disability” and “mental illness” and the application of various theories of justice to individuals who are considered to be “disabled” or “mentally ill.” The class will then review statutes that prohibit disability discrimination in five specific areas: employment, public benefits, public accommodations, housing, and voting. The seminar will then cover topics that are central to disability and mental health law, including substitute decision-making, selective abortion, euthanasia, the right to treatment, the right to refuse treatment, civil commitment, criminal responsibility, and institutionalization. Although the focus of the seminar is on law and public policy in the United States, students will regularly examine relevant international and comparative law. Paper required. Enrollment capped at eighteen. K.M. Cremin

Doing Constitutional Law: Some Contemporary Theories (20442) 2 units. This class will explore some of the contending theories about constitutional interpretation and discuss the distinctive elements, contributions, and challenges each presents. Students will read books that are generally regarded as significant in the field, as well as a number of articles. The question to be answered in this course is whether any of these theories deserves to be given preeminence or indeed whether any particular ranking of theories in a pluralistic scheme makes sense. Paper required. A.R. Amar and P.C. Bobbitt

Education Adequacy Project (30162) 3 units. The Education Adequacy Project (EAP) builds on the clinic’s victory in 2010, when the Connecticut Supreme Court held that the Connecticut Constitution guarantees students the right to an adequate education. Following this decision, a Connecticut trial judge held in 2016 that Connecticut’s education funding system was arbitrary and irrational, and systematically denied students this constitutionally provided right. Early this fall, the Connecticut Supreme Court will hear the state’s appeal from the trial court order. EAP students will have the opportunity to participate in short-term projects such as helping to prepare for oral argument. Meanwhile, the Connecticut General Assembly, as it considers a new biennial budget, continues to debate competing reforms to state and local education funding in response to the trial court’s rulings. We will work with our client, the Connecticut Coalition for Justice in Education Funding, to advocate for reforms that advance the goals of the clinic’s litigation: to provide an adequate and equitable education for all Connecticut students. The clinic is looking for students interested in pushing the boundaries of education adequacy reform through a variety of means and in distinct contexts. Past academic and/or professional experience in education is a plus. In addition to long-term projects, students may be assigned specific individual or group tasks with challenging, and oftentimes unpredictable, deadlines. The seminar portion of the clinic will meet once a week to develop and discuss ongoing and future projects. Students who wish to enroll in the clinic should e-mail the student directors with your résumé and a statement of interest in addition to bidding the course online. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and A.T. Taubes

Empirical Research I (20647) 3 units. This class will introduce students to basic ideas about how to design and conduct empirical research. The focus will be on core principles for conducting and evaluating research. This will include both how to evaluate research in published articles and policy reviews and how to design and conduct original empirical work. A variety of techniques are discussed, including observational and coding approaches; correlational techniques; quasi-experiments; and laboratory and field experiments (randomized control trials). Emphasis is placed on learning how to use various approaches. Students will work with actual datasets and through a set of exercises designed to provide hands-on training in core techniques of data analysis using the facilities in the computer lab. Self-scheduled examination or paper option. Enrollment capped at twenty. Also PSYC 630a. T.R. Tyler

Environmental Law and Policy (20348) 3 units. This course is an introductory survey of environmental common law and the major federal environmental statutes, including the Clean Air Act, Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and laws governing hazardous waste, pesticides, and toxic substances. It will explore foundational issues of statutory and regulatory analysis, ethics, politics, and economics in these various legal contexts. The course will also consider various themes of environmental problems, including scientific uncertainty, risk, and risk perception. Given the breadth of the environmental law field, the course focuses on analyzing regulatory structure (i.e., the variety of existing and potential regulatory mechanisms for protecting and regulating usage of the environment) rather than either a superficial overview of every possible environmental topic or comprehensive analysis of only a few environmental statutes. The course will also integrate a skills component that explores issues in statutory interpretation, legal ethics, federalism, and standing through several hypothetical problems as practiced from the perspective of environmental groups, government agencies, and regulated entity clients. Scheduled examination. Also F&ES 824a. A.E. Camacho

Environmental Protection Clinic: Policy and Advocacy (30164) 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work ten to twelve hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals). Students may propose projects and client organizations, subject to approval by the instructors. Enrollment limited. Also F&ES 970a. J.U. Galperin, D. Hawkins, and L. Suatoni

Environmental Protection Clinic: Practice at the Intersection of Civil Rights and Environment Law (30187) 4 units. Students will have the opportunity to help launch Yale Law School’s new environmental justice clinic, which will be in its second term, and to develop a docket to improve environmental quality and public health in communities of color and low-income communities. The EJ Clinic’s work will include cases and advocacy projects to enforce civil rights in the environmental context, and, in the new political climate, work with clients to develop legal and advocacy strategies to address issues of environmental injustice in particular communities. Students will work in teams under faculty supervision and take responsibility for litigation and advocacy. In addition to civil rights compliance and enforcement in the environmental context, the clinic will evaluate potential litigation and advocacy to address the sources and impacts of air and water contamination in disproportionately affected communities, with a focus on communities in Connecticut. Students will also participate in a seminar intended to explore issues raised by the clinical practice, including both substantive issues of environmental and civil rights law, as well as questions related to practice, including ethical and social dimensions of lawyering in this context. The seminar will meet approximately two hours per week. In addition to class meetings and preparation, clinic participants must complete and document approximately fifteen hours of clinical work per week. Students will also be expected to participate in two weekly one-half-hour team meetings. While there is no prerequisite for the clinic, participants should have a strong interest in working on behalf of environmentally overburdened communities, often communities of color and low-income communities. Permission of the instructor required. Enrollment limited. Also F&ES 974a. M.E. Lado

ERISA: Federal Regulation of Pension and Employee Benefit Plans: Seminar (20551) 3 units. The private pension system now commands assets exceeding $25 trillion. Pension and employee benefit plans have become ubiquitous features of the modern employment relationship. The legal regulation of these plans is both an independent legal specialty and a subject that overlaps other fields, including corporations, bankruptcy, labor, tax, trust, domestic relations, employment discrimination, and health care law. This seminar will supply an introduction to the regulatory law, especially the Employee Retirement Income Security Act (ERISA) of 1974, as amended, and the case law. Particular attention will be directed to the challenges brought about by the decline of traditional defined benefit pension plans and the rise of individual account plans, especially the problems associated with participant investing, employer stock plans, and lump-sum as opposed to annuitized distributions. Other topics of inquiry include ERISA’s impact on health care finance and the troubled pension insurance system for defined benefit plans administered through the Pension Benefit Guaranty Corporation. Self-scheduled examination or paper option. Enrollment capped at fifteen. J.H. Langbein

Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice and Advocacy (30166) 3 units. Lawyers’ need for ethics advice, consultation, and expert opinions is not limited to those whose clients can pay. Impecunious clients and the lawyers who serve them are in need of ethics counseling and legal opinions on a regular basis. For example, Yale Law School students have provided essential assistance preparing amicus briefs in numerous Supreme Court cases. A few of these cases resulted in victory for the petitioner and citations to the amicus brief in the majority opinions. The students working at the Bureau meet for class two hours per week and are expected to put in approximately ten hours on Bureau projects each week. The classroom work explores the law governing lawyers, but also considers the role of expert witnesses in the litigation process, its appropriateness, and the procedural issues thereby raised. No prerequisites. Preference given to prior Ethics Bureau enrollees and students who previously took a course in professional responsibility. This clinic is yearlong, and students must commit to both terms. Permission of the instructor required. Enrollment limited. L.J. Fox

Ethics in Law and Markets (20622) 3 units. This course will focus on how a society’s ethical norms and values have been reflected throughout history. Generally speaking, this course will study the validity of the hypothesis that “an economic system runs on trust, reputation, and ethics, and that any deficit in these fundamental components of capital markets and financial markets necessarily will imperil the financial system as a whole.” The class will discuss the evolution of views on ethics in business generally and how, if at all, the dominant ethical views in a society affect business conditions. Students will also consider the way that globalization and the emergence of economic interactions among many different cultures have affected attitudes and practices related to ethics. The class will also consider the future of trust, reputation, and ethics in business. Attention will be paid to ethical issues within the private sector as well as in government and across society generally. Paper required. Enrollment limited to twenty-five. J.R. Macey, B.L. Beirne, and G. Fleming

Family Law (20018) 4 units. This course will address the regulation of intimate relationships between adults (through marriage and divorce, civil unions, prenuptial contracts, and the like), between parents and children (through reproductive technologies, adoption, child custody, termination of parental rights, eldercare, etc.), and state involvement in intimate, sexual, and reproductive life generally (through the doctrines of constitutional privacy and equal protection, social welfare benefits, and criminal law, in addition to family law). The interplay among the State, family, and market, and the formation of personal identity in and through these arenas, will be explored throughout the course. Issues of socioeconomic class, gender, race, and sexuality will arise in many of the subjects studied over the course of the term. Course materials will include primarily case law, statutory materials, and legal scholarship, but the social and economic norms that guide and are guided by the law will also be examined. Scheduled examination. V. Schultz

Federal and State Courts in a Federal System (20366) 4 units, graded. The “Federal Courts” play a central role in today’s political debates, even as the bulk of litigation in the United States takes place in state courts. The class will focus on the development of the identity, doctrine, and jurisprudence of the federal courts in relation to state courts and to the other branches of the federal government. Thus, the class will consider the role played by the U.S. Constitution in allocating authority among the branches of the federal government and among state, federal, and tribal courts. Further, because claims about national and state “sovereignty” lace the materials, the class will focus on their import. Beneath the sometimes dry discussions of jurisdictional rules and doctrines of comity lie conflicts about such issues as race, religion, the beginning and end of life, abortion, Indian tribal rights, and gender equality. In addition to considering the political and historical context of the doctrinal developments, the class will examine the institutional structures that have evolved in the federal courts, theories of federalism, current questions about the size and shape of the federal courts, the different methods for judicial selection and kinds of state and federal judges, as well as the effects of social and demographic categories on the processes of federal adjudication. On occasion, the class will also consider concepts of federalism comparatively. Class participation will be part of the final grade. Self-scheduled examination. This class may have enrollment capped, and whether it is will be determined after course bidding ends. J. Resnik

Federal Income Taxation (20222) 4 units. An introductory course on the federal income taxation of individuals and businesses. The course will provide an overview of the basic legal doctrine and will emphasize statutory interpretation and a variety of income tax policy issues. The class will consider the role of the courts, the Congress, and the IRS in making tax law and tax policy and will consider the impact of the tax law on the distribution of income and opportunity and on economic behavior. Topics will include fringe benefits, business expenses, the interest deduction, the taxation of the family, and capital gains. No prerequisites. No preference given to third-year students. Self-scheduled examination. Enrollment capped at forty. Z.D. Liscow

Food and Drug Administration Law and Policy (20616) 2 units, with a credit/fail option. The Food and Drug Administration (FDA) is the premier consumer protection agency in the United States, with control over the availability and public discourse about potentially lifesaving therapeutics, foods, supplements, and related consumer products. Its authority has been built in response to public health crises and is constantly under scrutiny from all sides of the political spectrum. This course will review the history of the FDA’s regulation over the health care products market, the noteworthy legislation that has shaped its oversight in this area, Supreme Court and other cases that have impacted its authority, and an introduction to key current controversies related to the FDA that affect health care delivery. (This course will not cover food law or tobacco). The enduring theme will be how the FDA balances its vital public safety role against countervailing forces of personal autonomy and the rights or interests of consumers, patients, physicians, and corporations. Each class will be organized around interactive discussion introducing students to the material, including hypothetical cases that will require students to apply the day’s lessons and themes in determining legal and policy solutions. Paper of 2,500–4,000 words is required. Students with high-quality papers will be given specific guidance in submitting them for publication in the peer-reviewed medical/public health/policy literature. Enrollment limited to forty. A.S. Kesselheim

[The] Foundations of Legal Scholarship (20653) 4 units. This seminar will focus on legal scholarship, including some older classics as well as newer work considered important. Books, articles, and papers will cover a wide range of subject areas and methodologies in both public law and private law. Paper required. Permission of the instructors required. P.W. Kahn and D. Markovits

[The] Global Financial Crisis (20515) 3 units. This course surveys the causes, events, policy responses, and aftermath of the recent global financial crisis. The main goal is to provide a comprehensive view of this major economic event within a framework that explains the dynamics of financial crises in a modern economy. The instructor aims to maximize the value of in-class time. To this end, students will be expected to watch the course lectures in advance on the Coursera platform, with class time reserved for discussions, cases, group presentations, and a crisis simulation. Quizzes, class participation, case presentation, crisis simulation and memo, and final paper required. A. Metrick

Habeas Corpus (20674) 2 units. Habeas corpus offers a window on the role of the federal courts, the nature of federalism, and the tensions inherent in a system of separated powers. This course will trace the history and changing role of the Great Writ in the administration of justice and the protection of individual rights. A starting point will be to situate the current period of habeas eclipse against the broader political and legal landscape, including such post-Warren Court preoccupations as federalism, crime and punishment in general, and the death penalty in particular, as well as the twenty-first-century search for ways to ensure national security and heightened awareness of the disproportionate impact of the criminal justice and correctional systems on racial minorities. The class will examine the constitutional issues, the key role played by the Suspension Clause, and the application of the writ in such disparate settings as post-conviction review of criminal proceedings, civil commitment, and the indefinite detention of unlawful combatants at Guantánamo Bay. Along the way the class will confront the scope of presidential authority, separation of powers, and the interaction among the Branches. How have the federal courts understood their authority? Is habeas a “one-way ratchet” for the unending recognition of new rights, as some have complained? Has one form of judicial activism been replaced by another? What principles have been established, and to what extent is the law of habeas in one setting transferable to others? What can we learn about the exercise of judicial power in times of crisis? An essential part of the course will be an exploration of the role and efficacy of habeas corpus in other countries (including non-common law jurisdictions), international human rights habeas jurisprudence, and the habeas jurisprudence of international criminal tribunals. Paper required. E.R. Fidell

History of the Common Law: Procedure and Institutions (20010) 3 units. An introduction to the historical origins of Anglo-American law, in which students study selected historical sources and extracts from legal-historical scholarship. Topics: (1) the jury system: medieval origins and European alternatives, separation of grand and petty juries, changes in the functions and composition of the jury from medieval to modern times, the law of evidence and other forms of jury control; appellate review of jury verdicts; the growing disuse of juries and of trials in modern times; (2) civil justice: the forms of action and the pleading system; the regular and itinerant courts; the judiciary; law reporting and other forms of legal literature; Chancery, the trust, equitable procedure and remedies; historical perspectives on the scope of the right to civil jury trial under the Seventh Amendment; the deterioration of Chancery procedure and the fusion of law and equity; the codification movement; the drafting of the Federal Rules of Civil Procedure; the retreat from trial; (3) criminal justice: medieval criminal procedure; presentment and indictment; the recasting of criminal procedure in the sixteenth and seventeenth centuries; the officialization of prosecution and policing; the rise and fall of Star Chamber; defense counsel and the rise of the adversary system in the eighteenth century; the privilege against self-incrimination; the law of evidence; criminal sanctions and sentencing; the emergence of public prosecution; the trend to plea bargaining and other forms of nontrial procedure; (4) legal education: the inns of court; apprenticeship; the emergence of university legal education in the United States; (5) the legal profession: attorneys and barristers; the regulation of admission to the profession; the development of law firms and the trend to megafirms and their twenty-first-century travails. Scheduled examination. J.H. Langbein

Housing Clinic (30111) 4 units, credit/fail. This new clinic combines elements of the former landlord tenant and mortgage foreclosure litigation clinics, along with a new clinical focus on “Fair Housing” policy issues. Students will select one from among three tracks: Foreclosures, Evictions, or Fair Housing. Each track will meet separately for one specialized weekly class session, and the full clinic also will meet together once a week, for more general policy (including the role discrimination has played in the government’s and industry’s treatment of homeowners and renters), ethics, and skills-training sessions. All students will be assigned to a client-centered team within their track, which also will meet weekly for an hour’s supervision session. In addition to these four scheduled hours, students will be expected usually to attend several sessions of the court handling cases in their respective tracks including, for foreclosures, the clinic’s Attorney for a Day Program. In addition to defending their clients’ homes, all three tracks will handle cases seeking affirmative relief. Student teams also will tackle legislative remedies arising from the clinic’s clients’ cases. Students are expected to devote at least eight to twelve hours outside of class to their clients’ cases each week. Case coverage responsibility extends to the start of spring term. For fall term 2017, up to twelve students will be accepted for the Foreclosure track; four to six students for Evictions; and two to four students for Fair Housing. Permission of the instructors required. Enrollment limited. J.L. Pottenger, Jr., J. Gentes, A. Knopp, and A. Marx

Human Rights Workshop: Current Issues and Events (20134) 1 unit, credit/fail. Conducted in workshop format, the course will examine contemporary issues in human rights practice and theory. Guest speakers, including scholars, advocates, and journalists, will present each week on a diverse range of topics in human rights. Readings are generally distributed in advance of each session. Students enrolled in the workshop for 1 unit of ungraded credit will prepare short response papers before several of the sessions and be responsible for asking the speaker a question at each of those sessions. P.W. Kahn and J.J. Silk

Immigration Law, Policy, and Constitutional Rights (20547) 3 units. This survey course will provide a foundation in the basics of the immigration law system, the policy choices it reflects, and the constitutional principles governing the regulation and rights of noncitizens. The course will then explore various topical legal and policy issues related to immigrants’ rights and immigration reform as well as the normative values informing contemporary treatment of documented and undocumented immigrants. The course will draw on the instructor’s involvement in many current issues and extensive background litigating on behalf of the constitutional and civil rights cases of noncitizens in federal courts nationwide and recent service as senior policy adviser in government. Among the issues that will be covered are: detention of immigrants; state and local immigration regulation; discrimination against noncitizens in employment and public benefits; the intersection of criminal and immigration law; federal enforcement and non-enforcement policies; access to the courts and the right to judicial review; and labor and workplace rights of undocumented workers. Guest speakers will address areas of expertise. No prior course or background in immigration law is expected. Self-scheduled examination. L. Guttentag

International Criminal Law (20269) 2 or 3 units. The seminar will begin with an inquiry into the goals of international justice. Do they depart from objectives of national criminal justice? Are they realistic? Do alternative responses to mass atrocities exist, or can they be developed? The sources of international criminal law will come up for examination next. Is their use compatible with the insistence of national justice systems that crimes should be clearly defined ex ante? If they are not compatible, can this fact be justified? After these general introductory themes, the crime of aggression, war crimes, crimes against humanity, and genocide are examined in some detail, both under the law of ad hoc tribunals and the law of the permanent international Criminal Court. The seminar will end with an examination of departures of international criminal procedure and evidence from the forms of justice prevailing in national law enforcement systems. Scheduled examination or paper option. Enrollment limited to twenty. M.R. Damaška

International Investment Law (20396) 2 units. As foreign direct investment has increased as a function of globalization, so have disputes about it. This seminar will examine the treaties (and their negotiation) concluded to encourage and regulate foreign investment, the international law and procedure applied in the third-party resolution of international investment disputes, and the critical policy issues that must now be addressed. Papers may qualify for Substantial Paper or Supervised Analytic Writing credit. Scheduled examination or paper option. Enrollment capped at twenty-five. W.M. Reisman

International Law and Foreign Relations: Seminar (20545) 4 units. This course will offer an opportunity to study, research, and participate in current legal debates over international law and foreign relations law. Students will work on research topics selected by the instructor and the class from among those presented by U.S. congressional staff, executive branch lawyers, or nonprofit groups working on issues relating to international law or foreign relations. Research projects may also be generated by the class itself. In past years, the seminar has researched topics including the law of cyber-attack, the power of the U.S. government to detain terrorism suspects, the scope of the Treaty Power, the relationship between human rights law and the law of armed conflict, extraterritorial application of human rights obligations, the law governing the U.S. targeted killing program, and the legal requirements of various human rights treaties. The seminar has also submitted amicus briefs to the D.C. Circuit and U.S. Supreme Court. Students will work both individually and in small groups to write reports on selected topics and, as appropriate, produce recommendations for reform. Weekly class meetings provide an opportunity for students to present and discuss their ongoing research. Students will also have an opportunity to meet with attorneys and policy makers who are directly involved in the legal debates on which the class is working. Permission of the instructor required. Substantial Paper credit is available. Paper required. Enrollment limited to eight. O. Hathaway

International Legal Theory Seminar (20078) 2 or 3 units. The international system, famously, is a “state of anarchy.” What does this mean? Is the characterization meaningful? How does it affect international law as it is commonly understood—subject matter such as enforcement of treaties, self-defense, international human rights, etc.? The readings will consist of published articles on international legal theory plus works-in-progress, particularly draft book chapters by the instructor. Supervised Analytic Writing or Substantial Paper credit available. Paper required. Enrollment limited to fifteen. L. Brilmayer

International Trade Law (20612) 4 units. This course will examine the laws, policies, and multilateral institutions governing the global trade in goods and services, with a particular focus on the main multilateral trading body, the World Trade Organization (WTO). It will also consider the role of regional trade agreements and the regulation of cross-border flows of capital, information, and investment in structuring economic globalization. Since international economic law is a rapidly evolving field with few long-standing doctrines, the historical and normative analysis of global trade will be necessarily emphasized throughout the course, and, in that vein, the class will consider the role of environmental protection, human rights, and labor regulation in international trade law and policy. Scheduled examination. D.S. Grewal

Investigating and Prosecuting Terrorists (20383) 2 or 3 units. The primary goal of the course will be to evaluate Article III courts as a forum for national security prosecutions, exploring the advantages and drawbacks of the system and alternative fora. The class will examine the evolution of federal anti-terrorism statutes and the effectiveness of the Classified Information Procedures Act in safeguarding intelligence and other equities at an Article III trial while simultaneously assuring the defendant a fair trial. It will focus on issues that are unique to federal terrorism prosecutions, including handling evidence collected under the Foreign Intelligence Surveillance Act, common pretrial legal issues that arise in national security prosecutions, and working with equity holders in the intelligence community and elsewhere outside of law enforcement and with foreign governments. The class will draw upon examples of terrorism prosecutions in the United States and the challenges that were presented in those cases. The course will consider alternatives to the Article III system, including military detention and enemy combatant designations. To that end, students will discuss the Military Commission system, including its statutory authority and history, legal issues, and past and future prosecutions. Course credit will be 2 units unless a student writes a paper that warrants more credit. Scheduled examination or paper option. S.B. Duke and J. Cronan

Land Use (20415) 3 units. Land use law shapes the destinies of cities, the sprawl of suburbs, and the fates of rural lands. This course will examine the array of devices, legal and nonlegal, that governments, developers, and opponents of development employ to influence the land development process. Zoning regulations—the primary tool of public land use management and a frequent target of constitutional complaint—are a central focus. Also addressed are topics such as historic preservation, environmental impact reporting, homeowner associations, growth controls, and mechanisms for financing the urban infrastructure. This offering is designed to supplement Property, but that course is not a prerequisite. Scheduled examination. R.C. Ellickson

Law, Economics, and Organization (20036) 1 unit, credit/fail. This seminar will meet jointly with the Law, Economics, and Organization Workshop, an interdisciplinary faculty workshop that brings to Yale Law School scholars, generally from other universities, who present papers based on their current research. The topics will involve a broad range of issues of general legal and social science interest. Students registering for the seminar and participating in the workshop will receive 1 unit of ungraded credit per term. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. Short reaction papers will be required during the term. Permission of the instructors required. C. Jolls and R. Romano

Law and the Opioid Crisis (20230) 2 units. This course will examine the opioid crisis from as many different angles as possible, including the role that health law, physician practices, criminal law, the war on drugs, and mental health law have played in creating the crisis. It also will explore social justice issues relating to the crisis, as well as more specific topics, including impact on special populations. Topics will be responsive to the interests of the students in the course, and students are welcome to suggest additional areas of focus. Students will be responsible for leading one session of the course, including collecting course materials for that session and, after a break in the course to allow for writing, submitting either a short article, policy paper, or proposed legislation and, as relevant, contributing to a special legal/medical journal dedicated to the topics of the course. Permission of the instructors required. Supervised Analytic Writing and Substantial Paper credit available. Paper required. Enrollment limited. I. Ayres, M. Barnes, A.R. Gluck, C. Haupt, and K. Stith

Legal Assistance: Domestic Violence Clinic (30204) 4 units. Students in the New Haven Legal Assistance Domestic Violence Clinic will represent survivors of domestic violence in Superior Court, in both civil and criminal matters, and also at the Connecticut legislature. The clinic will be based at the New Haven Legal Assistance Association (LAA), a nonprofit legal services office whose mission is to secure justice for and protect the rights of those low-income residents of New Haven County who would otherwise be unable to secure legal representation. The clinic will be a legal resource for survivors of domestic violence and their families. Through their advocacy and course work, students in the clinic will learn to practice as legal services lawyers representing vulnerable individuals. Students can expect to work both on individual cases as well as on policy matters affecting the clinic’s client population. While it is likely that students will be representing clients in restraining order matters, no substantive area of law will be excluded from consideration, including custody/visitation hearings. When clients present with multiple legal problems, students may represent them in housing, consumer, benefits, Title IX, or immigration matters. Permission of the instructors required. Enrollment limited to eight. C. Frontis and E. Messali

Legal Assistance: Immigrant Rights Clinic: Seminar (30194) and Fieldwork (30195) 2 units, for each component, 4 units total. Students may elect credit/fail and must do so by the stated deadline each term. Students must be enrolled in the seminar and fieldwork components simultaneously. Students in the Immigrant Rights Clinic (IRC) will represent immigrants and their organizations in court, before administrative agencies, and in the legislature. IRC is based at the New Haven Legal Assistance Association (LAA), a nonprofit legal services office whose mission is to secure justice for and protect the rights of those low-income residents of New Haven County who would otherwise be unable to secure legal representation. The clinic will be a legal resource for immigrant communities and their organizations. Through their advocacy and course work, students in the clinic will learn to practice as legal services lawyers representing immigrants and their organizations. Students will represent clients in both immigration and employment law matters in federal courts. Community partners will refer cases to the clinic, and no substantive area of law will be excluded from consideration. Enrollment limited to eight. J. Bhandary-Alexander and D. Blank

Legal Assistance: Reentry Clinic (30201) 4 units, credit/fail, with a graded option. The New Haven Legal Assistance Reentry Clinic will provide civil legal representation to people with criminal convictions to help them challenge and navigate barriers to their successful reentry to society. Students in the Reentry Clinic will have an opportunity to represent individual clients on a variety of legal issues. Through this work, students will also identify and research challenges facing this population that invite litigation or legislative strategies for broader reforms. Examples of the direct representation cases students may work on include denials of housing subsidies based on an applicant’s criminal record, applications for pardons, employment discrimination based on the disparate impact of criminal convictions on minorities, access to health care and other public benefits, and modification of child support obligations. Students will represent clients in a variety of forums, including administrative hearings before Housing Authorities, the CHRO or EEOC, and the Department of Social Services; hearings before the Connecticut Board of Pardons and Parole; and state court. Students will gain experience in all aspects of lawyering, including interviewing clients and witnesses; written advocacy (examples include litigation pleadings, correspondence with clients, opposing counsel, and other third parties and letter memoranda); informal and formal fact investigation; and oral advocacy (examples include negotiations and questioning witnesses and presenting oral argument at administrative or court hearings). Students will also have an opportunity to engage in systemic reform by conducting legal and policy research to identify avenues for broader reforms. Enrollment limited to six. A. Eppler-Epstein and E.R. Shaffer

Legal Practicum (20008) 1/2 unit, credit/fail. Each student enrolled in this independent writing seminar will be required to prepare a 5–15-page essay that reflectively evaluates how the student’s experiences in legal employment or other practical professional training, acquired during the immediately prior summer recess, have influenced the student’s understanding of the legal system, the legal profession, or other aspects of legal culture. Permission of the instructor required. Deputy Dean

Legal Profession: Traversing the Ethical Minefield (20522) 3 units. 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, the class will explore many of the challenging dilemmas that confront conscientious lawyers who want to conform their conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time the class will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking delicate balances among the obligations of lawyers vis-à-vis clients, lawyers as officers of the court, and lawyers as citizens. Class attendance and participation are essential. Scheduled examination. Enrollment capped at twenty-five. L.J. Fox

Legislative Advocacy Clinic (30118) 2 or 3 units, credit/fail. With the states positioned to be focal points for progressive policy initiatives, students in this yearlong clinical seminar will engage in high-level work on state-level policy projects requiring legislative action in cooperation with nonprofit client organizations. Taking advantage of the close proximity of Yale Law School to the State Capitol, students will have real-time opportunities to draft legislation, participate in client strategy discussions, research policy options, and present testimony to standing committees of the Connecticut General Assembly. Several possible Connecticut-based clients’ projects will be available “off-the-shelf,” or students may propose their own projects. While preference is given in the student-selection process to Connecticut-based proposals, the clinic may also accept students proposing to pursue priority projects in other states. Several students may team up and propose a collaborative project. The instructors must approve and participate in the final design of students’ projects and will assist with students’ efforts to identify partner client organizations. National partner organizations, such as SiX Action and the Center on Budget and Policy Priorities, may participate by offering projects or support. Project work will be supplemented by class discussions about the legislative process and the role of the General Assembly in Connecticut politics, including guest presentations from current leaders in the State House and Senate, the Executive Branch, and professional legislative staff. Because of the substantial advance planning required, students’ application proposals should be submitted by the limited enrollment deadline. Accepted students will need to coordinate with the instructors before registration, and their project designs should be approved during the first week of class. “Shopping” this Clinic is therefore discouraged. The clinic seminar will meet most Friday mornings, and project supervision sessions also generally will be scheduled on Fridays. Students may enroll for 2 or 3 units each term; the fall term is credit/fail. Enrollment limited to eight to twelve. J.L. Pottenger, Jr., S. Geballe, A.A. Knopp, and E. Scalettar

Liman Projects: Incarceration, Isolation, and Criminal Justice Reform (30172) 2 units, credit/fail, with a graded option. These projects enable students, working in groups, to learn about areas of law related to criminal justice reform, including law related to prosecution, detention, and incarceration. Ongoing projects include studying how prisons use and regulate long-term isolation (sometimes called “solitary confinement,” “restricted housing,” or “administrative segregation”) and how to reduce the number of persons in isolation and the degrees of their isolation. The Liman Center has done two national surveys and will continue to do data collection and analyses as well as more research on the law and policies related to isolation more generally. Students with an interest in or experience with quantitative work, data collection, and Qualtrics software are encouraged to join the class. In addition, the Liman Project published a monograph, called Rethinking Death Row, based on student research; that volume examined the statutes and regulations related to putting capital-sentenced prisoners in isolation and provided windows into three correctional systems that do not isolate death-sentenced prisoners. Another project focuses on the role gender plays in incarceration, in terms of the ways in which women and men are classified, placed in facilities, and the programs and rules imposed. Again, the goals include research and reform. Students work in teams and meet regularly with supervisors. With permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. Writing is required, as the projects always involve reports, PowerPoints, and research memos. The projects usually span more than one term and have, on occasion, resulted in published articles. Permission of the instructors required. J. Resnik, K. Bell, L. Fernandez, and A. VanCleave

Local Government in Action: San Francisco Affirmative Litigation Project (30178) 1 unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Affirmative Litigation Task Force in the San Francisco City Attorney’s Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, assist in filing a case, or help litigate one already under way. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area; the working groups will be designed to accommodate student interests and preferences. Each working group will either develop and propose a potential lawsuit, or assist in one of the City’s ongoing affirmative litigation cases. Students joining the clinic are expected to make a one-year commitment. Permission of the instructors required. H.K. Gerken and C. Kwon

Lowenstein International Human Rights Clinic (30173) 4 units, credit/fail. Students will work on a variety of human rights projects, generally in support of advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will include an overview of basic human rights standards and their application; instruction in human rights research and writing skills; and critical examination of approaches to human rights advocacy and enforcement. The clinic will have one or more student directors. Permission of the instructors required. Enrollment limited to eighteen (total enrollment, including the advanced clinic). J.J. Silk, A.S. Bjerregaard, and H.R. Metcalf

Media Freedom and Information Access Clinic (30175) 3 or 4 units, credit/fail for students in their first term, graded for students in their second term. Students in the clinic will work on all aspects of cases involving press freedom, open government, free speech, and related issues. Clients include investigative journalists, traditional and new media organizations, activists, advocacy organizations, researchers, and academics. Pending matters typically include litigation under the First Amendment and Freedom of Information laws in both federal and state courts. The clinic’s cases involve a diverse array of issues, focusing in particular on national security, surveillance, privacy, technology, and government accountability. Students may also have the opportunity to engage in nonlitigation advocacy and client counseling. The seminar will focus on substantive law, case discussions, skills training, and ethical issues. Students will have the opportunity to write related research papers. Permission of the instructors required. Enrollment limited to eighteen. D.A. Schulz, J.M. Balkin, H. Bloch-Wehba, and J. Langford

Medical Legal Partnerships (20097) 2 units. This course will explore the challenges and benefits of medical legal partnerships (MLPs), with a particular focus on the five MLPs currently operating in New Haven. Enrollment is at the discretion of the instructor, and dedicated work in a New Haven MLP is a corequisite. Students will complete scholarly papers and meet to discuss both academic writings and the legal and operational challenges of MLPs. Meeting times to be arranged. Supervised Analytic Writing or Substantial Paper credit available with permission of the instructor. Permission of the instructor required. Paper required. A.R. Gluck, K. Kraschel, and E. Rusyn

Modalities of Legal Scholarship (20048) 2 or 3 units. This seminar is about how to write legal scholarship. Various ideal types of articles and their value will be considered. One focal point is the developing use of Alternative History techniques to study legal developments by exploring the roads not taken as legal doctrines develop. Other ideal types of legal scholarship to be considered include Treatises, Domestic Comparative Law, Comments, Case Notes, Book Reviews, Op-Eds, Blog Posts, Historical Analysis, Doctrinal Analysis, and Law and Economics. Attention will also be paid to principles of good legal writing. The course will be of particular interest to students who are considering a career in legal academia, but it is also open to others who are interested in improving their legal writing. Substantial Paper or Supervised Analytic Writing credit available. E.D. Elliott

Negotiating International Agreements: The Case of Climate Change (20548) 2 units. This seminar is a practical introduction to the negotiation of international agreements, with a focus on climate change. Students will learn about the cross-cutting features of international environmental agreements and, through the climate change lens, explore the process of negotiating agreements, the development of national positions, the advocacy of positions internationally, and the many ways in which differences among negotiating countries are resolved. The course will also examine the history and substance of the climate change regime, including, inter alia, the 1992 UN Framework Convention on Climate Change, the 1997 Kyoto Protocol, the 2009 Copenhagen Accord, and the 2015 Paris Agreement. Climate change issues in other international fora will also be discussed, e.g., the International Civil Aviation Organization’s market-based mechanism to address CO2 emissions from international aviation. Grades will be based on a series of short nonresearch papers, as well as class participation. Permission of the instructor required. Enrollment limited to eighteen to twenty. S. Biniaz

Ownership: Seminar (20229) 2 or 3 units. This seminar will explore a variety of issues in contemporary organizational law that center on the ownership of the organizations involved. Representative topics include legal problems related to: the nature of legal personhood; the varieties of organizational ownership (by investors of capital, employees, customers, suppliers, other stakeholders); the proliferation of corporate subsidiaries and their recognition as separate legal entities; nonprofits, SPVs, and other organizations without owners; B Corporations and other forms of hybrid and social enterprise; the resilience of large family-controlled firms both abroad and at home (e.g., Google, Facebook); the turn to heavily contractual entity forms (such as LLCs) for closely held firms; the death of the partnership and of unlimited liability for owners in general; the emerging role of financial intermediaries (e.g., mutual funds, pension funds, hedge funds, and private equity firms) in corporate control; the spread of equity participation without voting rights, as in hedge funds, private equity funds, and even publicly traded companies; the increasing government ownership of enterprise (including sovereign wealth funds); and government as enterprise in itself. Students who write short papers will earn 2 units; students who complete Substantial Papers will earn a third unit. Permission of the instructors required. Enrollment limited to twelve. H.B. Hansmann and R. Gilson

Philosophy of Law: Normative Jurisprudence (20141) 3 units. This course will concern philosophical topics that arise in connection with particular areas of law. Such topics include the justification of criminal punishment; discrepancy in punishment of attempted and completed crimes; the relevance of ignorance of the law to criminal responsibility; self-defense and other forms of preventive violence; the rationale for double-jeopardy restrictions; the conception of justice of import to tort law; the concepts of causation and intention in tort law; the relationship between promises and contracts; the fundamental rationale for property rights; the grounds for and nature of the individualization of the reasonable person standard; the rationale for variations in standards of proof across areas of law. A selection of such topics will be examined through consideration of both philosophical essays written about them and legal materials that bear on them. Philosophy of Law: Analytical Jurisprudence is a companion to this course. The two together comprise a literacy course in the philosophy of law. They can be taken in either order or separately. Neither is a prerequisite for the other, but students seeking a strong background in philosophy of law are encouraged, but not required, to take both. Self-scheduled examination. Enrollment limited to twenty-five. Also PHIL 715a. G. Yaffe

Property (20207) 4 units. This course will study the law of property, its objectives, and its institutions. It will investigate how property rights and institutions affect resources, prosperity, fairness, freedom, community, and the sometimes conflicting interests of individuals, groups, and government, in specific applications such as land, possessions, environmental resources, the family, and the self. It will cover issues such as acquisition, exclusion, trespass and nuisance, transfer, estates and future interests, covenants and easements, landlord-tenant and housing law, and compensation for government takings of property. Attention will be paid, in largely equal doses, to both the legal doctrine and its underlying socioeconomic, political, and moral rationales. Self-scheduled examination. T. Zhang

Property: Individual Research (20457) 3 units. The instructor will separately supervise up to six students who wish to write a paper on a property topic. To receive credit for satisfying the Supervised Analytic Writing requirement, a student must devote two terms of work to the paper. Enrollment limited to six. R.C. Ellickson

Property: Seminar (20013) 4 units. This course will cover the legal doctrines and other substantive content of the basic Property course with enrollment limited to fifteen and a required research paper. The Property course inquires into a pervasive set of human institutions—the arrangements for getting, controlling, using, transferring, and forfeiting resources in the world around us. The course will begin by exploring what property regimes are and the range of purposes they might serve, and will then move through the topics of acquisition, transfer, shared interest, and limitations on property. While the main focus will be property in land, the class will discuss the implications of property in other resources, such as wild animals, body parts, water, and information. The course will also examine recording and other notice-giving devices, interests in land over time, easements and deed restrictions, planned communities and “private government,” landlord-tenant relations, and takings doctrine. Students will develop research topics with the assistance of the instructor. Supervised Analytic Writing and Substantial Paper credit available. Self-scheduled examination and paper required. Enrollment limited to fifteen. C. Priest

Property, Social Justice, and the Environment (20202) 2 or 3 units. Private property is sometimes cast as the villain in social and environmental problems, but sometimes it is cast as the solution to the same problems. This seminar will explore the relationship of property to social and environmental concerns in the context of several past and present controversies over property rights, and particularly in the light of current concerns with climate change and environmental skepticism. The class will begin with some basic theories about the “commons” problem and the ways that property rights do or do not evolve to address that problem. Time permitting, other topics may include: land rights; land reform and development projects (primarily less developed countries); wildlife and fisheries management (global); water management (United States and global); tradable pollution rights; carbon trading schemes; property aspects of climate change adaptation; free market environmentalism and private land use restrictions (conservationist or exclusionary?); and indigenous land claims and claims to intellectual property. While the class will search for common themes about the range, capacities, and limitations of property regimes, theoretical purity should not be expected in this overview; moreover, topics may change in response to particular student interest. The class will meet once a week for approximately three hours during the first seven to nine weeks of the term. Paper required; may be reflective (2 units) or research (3 units). Enrollment limited. C.M. Rose

Proportionality in Constitutional Law (20535) 2 units. In many countries (e.g., Canada, Germany, Spain, Brazil, Israel), and under some international documents (e.g., the European Convention for the Protection of Human Rights and Fundamental Freedoms), the regular legislature can take action affecting constitutional rights that are part of the Bill of Rights, so long as such effect is proportional (that is, suitable and necessary to achieve legitimate government ends and properly balanced). This seminar will look into the concept of proportionality, its scope, and its rationales on a comparative law basis. It will compare it with U.S. jurisprudence, while trying to see whether constitutional rights are better protected by the U.S. method of categorization or by a proportionality analysis. The class will follow the development of proportionality in recent U.S. constitutional law and evaluate its place in the constitutional scheme of things. This course will meet during the first half of the term. Paper required. Enrollment capped at twenty-five. A. Barak

Prosecution Externship and Instruction (30193) 2 or 3 units, credit/fail. Students in this clinical externship will assist state or federal prosecutors with their responsibilities, both before and at trial. Federal placements are available in New Haven or in Bridgeport; the federal caseload is varied, including misdemeanors, felonies, or specialized areas such as violent crime, white-collar crime, drug trafficking, or appellate work. The State’s Attorney for New Haven, which also has a varied but faster-paced docket, can take one or two student placements. All students are required to attend weekly class sessions, which will range from discussions of assigned readings to field trips to jails and the medical examiner’s office. Students will keep journals and time records. Placements at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Students also apply for the State’s Attorney during the previous term, though interviews may take place after the student has been accepted into the Externship program. Enrollment is limited and permission of the instructors is required. However, the early application process and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. Selection for this course takes place before limited enrollment course bidding. K. Stith, S.V. Nagala, and A. Perry

Public Education and the Law: Seminar (20118) 2 or 3 units. This seminar is about the law that governs public elementary and secondary education in the United States. The class will focus on the substantive and procedural rights of students, parents, and teachers. The course will examine equal educational opportunity in the context of race, ethnicity, sex and gender, wealth, and disability; and the application of the First and Fourth Amendments in the schools. It is not a survey of education law or a course about educational policy. Students taking the course for 2 units must submit approximately twenty-five pages (about 6,500 words) of work that may be apportioned among reaction papers and essays on the topics covered in the readings and discussions. Students taking the course for 3 units must submit approximately ten pages (about 2,500 words) of reaction papers and commentaries and a research paper based, at least substantially, on independent research. The research paper should be approximately twenty-five pages (about 6,500 words) long. Thirty percent of each student’s grade will be based upon class participation. Enrollment limited to fifteen. W.I. Garfinkel

Public Order of the World Community: A Contemporary International Law (20040) 4 units. This introduction to contemporary international law will study the role of authority in the decision-making processes of the world community, at the constitutive level where international law is made and applied and where the indispensable institutions for making decisions are established and maintained, as well as in the various sectors of the public order that is established. Consideration will be given to formal as well as operational prescriptions and practice with regard to the participants in this system (states, intergovernmental and nongovernmental organizations, political parties, pressure groups, multinational enterprises, other private associations, private armies and gangs, and individuals); the formal and informal arenas of interaction; the allocation of control over and regulation of the resources of the planet; the protection of people and the regulation of nationality; and the allocation among states of jurisdiction to make and apply law. In contrast to more traditional approaches, which try to ignore the role of power in this system, that role will be candidly acknowledged, and the problems and opportunities it presents will be explored. Special attention will be given to (1) theory; (2) the establishment, transformation, and termination of actors; (3) control of access to and regulation of resources, including environmental prescriptions; (4) nationality and human rights; and (5) the regulation of armed conflict. Scheduled examination or paper option. Enrollment will be capped at thirty. W.M. Reisman

Race, Class, and Punishment: Seminar (20203) 4 units, each term. This will be in part a traditional academic seminar. Students will begin the seminar component with readings analyzing mass incarceration’s historical roots and will then turn to examine the impact of punitive criminal justice policies and emerging efforts to reform the current system. The assigned reading will be substantial and will come from a wide variety of sources, including history, sociology, political science, criminology, and law. Alongside the academic seminar will be a policy/advocacy/legal component. In this aspect of the course, students will participate in efforts to replace harsh criminal laws and policies with more humane, just, and effective alternatives. Students will work on research projects selected by the instructor from among those presented by nonprofit groups working on criminal and juvenile justice reform. Students will also have the opportunity to meet attorneys, activists, and policy makers who are directly involved in the legal and policy debates on which the class is working. Substantial Paper or Supervised Analytic Writing credit available. Permission of the instructor required. This seminar is yearlong and students must commit to both terms. Open only to J.D. students. Enrollment limited to fourteen. J. Forman, Jr.

Race and Gender in Corporate Law and Governance (20084) 3 units. This seminar will explore the intersections of race and gender with corporate law, governance, and theory. The confluence of these fields, to date, has garnered little attention. Traditionally, the disciplines have lived in remote houses and have had few occasions to speak to one another. And yet, more than thirty years ago two feminist scholars argued that the impacts of corporate cultures are not “marginal to the experiences of women” and bemoaned “the relationship between patriarchal culture and the development of business corporations.” And as noted by a leading scholar of racial justice, “[r]ace suffuses all bodies of law, even the purest of corporate law questions within the most unquestionably Anglo scholarly paradigm.” In addressing these intersections, topics such as the following will be considered: (1) race and gender in the corporate law curriculum; (2) feminist engagement with corporate law doctrine and theory; (3) critical race engagement with law and economics and corporate law theory; (4) corporate board composition and the implications of homogeneous boards for organizational performance and social justice; (5) legal reform strategies aimed at addressing corporate board homogeneity; and (6) the use of corporate law mechanisms to address gender and race issues. Significant paper required. Enrollment limited to fifteen (ten Law students and five SOM students). Also MGT 678a. A. Dhir

Reading the Constitution: Method and Substance (20459) 4 units. An advanced constitutional law course focusing intently on the Constitution itself (as distinct from the case law interpreting it, sometimes quite loosely). The course will begin by studying the document itself in exquisite detail, Article by Article, and Amendment by Amendment. The main text for this segment of the course will be Amar, America’s Constitution: A Biography (2005). The course will then canvass various methods of constitutional interpretation (associated, for example, with writings by Ackerman, Amar, Balkin, Black, Bobbitt, Ely, Tribe, Rubenfeld, Siegel, and Strauss). Open only to J.D. students. Self-scheduled examination. A.R. Amar

Readings in Comparative Administrative Law: Public Law and Public Policy Making (20246) 1 unit, credit/fail. A reading course based on selected chapters in Comparative Administrative Law, edited by Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson. Permission of the instructor required. Enrollment limited to twelve. S. Rose-Ackerman

Reducing Mass Incarceration: Seminar (20113) 2 or 3 units. This seminar will discuss readings on possible sources of reform aimed at reducing mass incarceration in the United States. These will include drug prohibition, pretrial detention, rehabilitative alternatives to jail and prison sentences, length of prison sentences, probation and parole, prison conditions, and collateral consequences of conviction. Students will write papers on these or other relevant subjects. Permission of the instructor required. Supervised Analytic Writing or Substantial Paper credit available. Paper required. Enrollment limited to fourteen. S.B. Duke

Regulation of Emerging Technologies (20540) 2 or 3 units. Contemporary society is awash in emerging technologies whose velocity of development, disruptive scope, and far-reaching social, economic, and cultural effects are arresting. This torrent of innovation poses a dilemma for the regulatory state. Inaction may place public health, safety, and other cherished values at risk; yet premature intervention may stifle innovation and the benefits it otherwise would confer. This seminar will proceed in two phases: an examination of how the law has adapted to earlier technological innovations, such as the railroad, steamboat, and electricity. This line of inquiry will be followed by a more extensive examination of the regulatory implications of innovative technologies that are only now emerging, including some of those cited above. The second phase of the seminar will take a deeper dive into a single case study of emerging technology today: the self-driving car. Highly automated (HAV) and autonomous (AV) vehicles have the potential to transform vehicle safety regulation at the federal, state, and local levels; the application of tort and products liability doctrine; the nature and regulation of motor vehicle insurance; the regulation of urban land use; the finance of local governments; and the balance between public and private transportation (indeed the understanding of those categories), among other phenomena. The class will explore how the law might adapt to the HAV/AV revolution, and in that context address broader issues of the dynamics of legal change and the design of regulatory regimes. Paper required. Enrollment limited to fourteen. J.L. Mashaw and D. Harfst

Regulation of Energy Extraction (20297) 2 or 3 units. This comparative risk course will explore the troubled intersection between energy and environmental policies. The class will consider a diverse range of regulatory approaches to minimize adverse environmental effects of various forms of energy development. These include emerging issues regarding hydraulic fracturing (“fracking”) in the United States and European Union; regulation of off-shore drilling and lessons from the Deepwater Horizon oil spill; liability for natural resources and other damages from oil spills under the Oil Pollution Act of 1990 (OPA90); the Fukushima, Three Mile Island, and Chernobyl nuclear accidents; applicability of the National Environmental Policy Act (NEPA) to oil and coal leases on federal lands; the Endangered Species Act; visual pollution and other issues relating to wind farms; coal mine disasters; mountaintop mining and the Mine Safety Act; and tailings piles and the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The class will conclude by considering how concerns about climate change may affect the future of energy development. No prerequisites. Supervised Analytic Writing or Substantial Paper credit available. Self-scheduled examination or paper option. Also F&ES 823a. E.D. Elliott

[The] Regulation of Labor Relations (20213) 3 units. This course will examine the law governing employee organizing, union representation, and collective bargaining in the United States. The primary focus will be on the private sector and thus on the National Labor Relations Act of 1935, as amended, but the course will also examine key legal controversies in public sector labor relations. Self-scheduled examination. C. Becker

Regulatory Design: Seminar (20051) 2 units. In the United States and abroad, government institutions have been experiencing an intense period of experimentation in regulation. International, national, and local government institutions are being transformed in areas as diverse as food safety, environmental law, securities regulation, education, national security, land use, and criminal justice, through an ever-increasing variety of innovations that fundamentally change the way society makes decisions. These transformations are altering the way lawyers interact with agencies, politicians, and other government officials on behalf of clients. After examining the conventional prescriptive model of regulation, this course will explore a range of recent public sector innovations and ways of understanding government organization. These include tools and processes such as information disclosure; cost-benefit analysis; taxes, charges, and tradeable permits; industry self-regulation; negotiated and collaborative innovations in decision-making; and privatization and outsourcing. It will also include attempts to reorganize the relationship between regulators. In these contexts, the course will examine the nature and purpose of regulation, as well as concerns with its uneasy interface with democracy, agency expertise, economics, and science. The course will place particular emphasis on recent approaches to environmental regulatory innovation because of the especially vigorous experimentation in this area, but will explore regulatory initiatives elsewhere as well. Paper required. Enrollment limited to eighteen. A.E. Camacho

Religion and the Constitution(s) (20572) 2 units. Modernity and liberal democracy are consonant with religious liberty, freedom of conscience, free speech, and different degrees of separation between religion and politics. But the way these principles are organized and interpreted varies across and within different national constitutional and legal regimes. Most recently, religious revivals and the development of religious diversity have challenged traditional arrangements. This course will examine the legal and constitutional status of religion in the United States in light of this evolving global climate, taking account of both different national contexts (e.g., the United States, Canada, Europe, Asia, and Latin America) as well as the places, discourses, and topoi in which these new challenges occur (the public sphere, schools and universities, corporations, or the military; regarding prayers, religious symbols, creationism, state subsidies, etc.). Self-scheduled examination or paper option. P. Weil

Representing Start-Ups (30217) 2 units, credit/fail. This course is intended to give students a thorough look at legal issues faced by start-up companies. The class will follow a semi-hypothetical company throughout its life cycle, with the students creating its capitalization table and updating it through several rounds of financing and an acquisition. The class will focus on corporate matters and have several sessions on related matters including intellectual property and executive compensation. Permission of the instructors required. Enrollment limited to twenty. W. Breeze, D. Goldberg, and C.L. Lynch

Reproductive Rights and Justice Project: Seminar (30226) and Fieldwork (30229) 2 units, graded or credit/fail, at student option, for each section (4 units total). The RRJP seminar and fieldwork must be taken simultaneously. Students will advocate for clients who are often vilified by opponents as well as some members of the press and judiciary, learning the vital importance of client confidentiality, as well as the impact of political movement strategy and management of press and public messaging. For litigation matters, students will work in small teams in cases being handled by attorneys at Planned Parenthood Federation of America, the Center for Reproductive Rights, or the ACLU Reproductive Freedom Project. Projects and case assignments will vary according to the posture of the cases, but all will require top-notch legal research, analysis, and writing, as well as strategy meetings with team members. Some cases will involve trial-level work, including informal fact development, drafting pleadings, discovery, motion practice, and negotiations. Other matters will involve appellate briefing. Students will also have an opportunity to develop nonlitigation skills by undertaking nonlitigation matters involving legislative and regulatory advocacy, public education, and strategic planning and legal review of legislative proposals, at the federal, state, and local level. Clinic members will work with course instructors and local and national groups. Students may also work on additional projects involving preparation for future litigation on the state and national level or other policy projects promoting access to reproductive health care, the details of which cannot be disclosed because they involve privileged matters. Students will be assigned in small teams to work on matters, and caseloads will vary depending on the number of credits elected by the students. Open only to U.S. J.D. students. Permission of the instructors required. Enrollment limited to eight to twelve. P.J. Smith and K. Kraschel

Rethinking Sovereignty: Human Rights and Globalization (20662) 3 units. The crises of sovereignty and the end of sovereignty have been discussed in law, political science, and philosophy. Post-nationalist, cosmopolitan, as well as neoliberal critics of sovereignty abound. This course will discuss alternative models of sovereignty, ranging from democratic iterations to popular constitutionalism, and will consider the implications of these models for the definition and enforcement of rights. Recent developments in the U.S. and the European Union law regarding immigration and refugee issues will be a special focus. Readings will include Hobbes, Kant, Schmitt, Arendt, Kelsen, Habermas, Waldron, Walker, and Benveniste. This seminar will meet according to the Graduate School calendar. Permission of the instructor required. Paper required. Enrollment limited to six Law students. Also PHIL 656a/PLSC 605a. S. Benhabib

Rule of Law Clinic (30190) 4 units. This clinic will focus on maintaining the rule of law and human rights in four areas: national security law (torture, drones, Guantánamo, travel ban); antidiscrimination (against religious and ethnic groups); democracy promotion; and climate change (maintaining U.S. commitments under the Paris Agreement, in the face of prospective withdrawal). The work will be divided into these work streams, and the class will choose discrete projects (some litigation, some advocacy, some other kinds of work) where we think our work product can contribute meaningfully to preservation of the rule of law. Preference to U.S. J.D. students. Permission of the instructors required. Enrollment limited. H.H. Koh, M.J. Wishnie, H.R. Metcalf, and P.M. Spector

Separation of Powers and Executive Branch Legal Interpretation: Seminar (20646) 2 units. This course will explore the parameters of the executive-congressional relationship, with a special focus on the mechanisms through which the Executive Branch engages in legal interpretation, both of the Constitution and of statutes. In addition to examining the case law that structures the relationship between the political branches, the class will consider how the Executive conceptualizes and implements its “Take Care” function, through its own forms of constitutional interpretation, in rulemaking, and in the exercise of prosecutorial discretion. The class will also explore how the congressional oversight and appropriations processes affect the relationship between the branches. Among the specific topics to be studied will be the scope of the President’s foreign affairs and national security powers and Congress’s efforts to limit those powers; the President’s authority to decline to defend and enforce federal laws; and the roles of the Office of Legal Counsel and the interagency process, particularly in the mediation of conflict within the Executive Branch. Prerequisites: Constitutional Law I and either Administrative Law, Legislation, or a course on the regulatory state. Paper required. Enrollment limited to fifteen. C. Rodríguez

Sexuality, Gender, Health, and Human Rights (20568) 2 units. This course will explore the application of human rights perspectives and practices to issues in regard to sexuality, gender, and health. Through reading, interactive discussion, paper presentation, and occasional outside speakers, students will learn the tools and implications of applying rights and law to a range of sexuality and health-related topics. The overall goal is twofold: to engage students in the world of global sexual health and rights policy making as a field of social justice and public health action; and to introduce them to conceptual tools that can inform advocacy and policy formation and evaluation. Class participation, a book review, an OpEd, and a final paper required. This course will follow the calendar of the Graduate School. Enrollment limited. Permission of the instructor required. Also GLBL 529a/CDE 585a. A.M. Miller.

Six Books on Law, Religion, and Culture (20412) 3 units. The class shall do what the title implies: read, and discuss in detail, six books relating directly or (in a couple of cases) indirectly to law and religion. The course is not designed to teach the law of the church and state, but no particular background is assumed. Readings will likely include, among others, Stephen Nissenbaum, The Battle for Christmas; Wole Soyinka, Death and the King’s Horseman; and Peter Charles Hoffer, The Salem Witchcraft Trials; in addition to several sermons from the Abolitionist era. Paper required on a topic in law and religion. Enrollment limited to about eight. S.L. Carter

Social Justice (20104) 4 units. An examination of contemporary theories, together with an effort to assess their practical implications. Authors this year will include Peter Singer, Richard Posner, John Rawls, Robert Nozick, Michael Walzer, Marion Young, Avishai Margalit, and Cass Sunstein. Topics: animal rights, the status of children and the principles of educational policy, the relation of market justice to distributive justice, the status of affirmative action, and the rise of technocracy. Self-scheduled examination or paper option. Also PLSC 553a/PHIL 718a. B. Ackerman

Social Science and Criminal Justice Reform (20339) 3 units. A core premise of evidence-informed criminal justice policies is to create policies whose effectiveness is supported by research. This seminar will look at recent research in areas related to reform in the police, the courts, and jails/prisons. Several areas are the focus: trust in law and legal authorities, the role of explicit and implicit bias in criminal justice, biases in perceiving and interpreting experiences, adolescent psychology, and efforts at restoration and reconciliation. The seminar will consider what empirical research findings in each area say and examine their possible application to reforms in the criminal justice system. Paper required. Enrollment capped at twenty. T.R. Tyler

Supreme Court Advocacy (30180) 6 units (3 fall, 3 spring). This course will furnish the opportunity to combine hands-on clinical work with seminar discussion of Supreme Court decision-making and advocacy. It will begin with several sessions analyzing the Court as an institution, focusing on the practicalities of how the Court makes its decisions and how lawyers present their cases. Thereafter, students will work on a variety of actual cases before the Court, preparing petitions for certiorari and merits briefs. Students will work under the supervision of Yale faculty and experienced Supreme Court practitioners. The course will be a two-term offering, and the work product may be used to satisfy the Substantial Paper requirement. The course demands a significant time investment and is not recommended for students with other time-intensive commitments. Enrollment limited to twelve. Permission of the instructors required. L. Greenhouse, P. Hughes, M. Kimberly, A.J. Pincus, and C.A. Rothfeld

Temporary Restraining Order Project (30141) 1 unit, credit/fail. The Temporary Restraining Order (TRO) Project is a field placement program in which law students provide assistance to domestic violence victims applying for Temporary Restraining Orders in the Superior Court for the New Haven Judicial District, under the supervision of attorneys from the New Haven Legal Assistance Association and the Court Clerk’s Office. The TRO Project aims to increase access to justice for self-represented parties and provide opportunities for law students to learn about the law of domestic violence and court procedures for protecting individuals in abusive relationships. Students will be able to develop practical skills, including intake, interviewing, drafting of affidavits and other application documents, informing applicants about court procedures, and assisting applicants in navigating the judicial process. Open only to J.D. students. Permission of the instructor required. Enrollment limited to fifteen. S. Wizner, C. Frontis, and E. Messali

Transnational Corporations and Human Rights (20648) 3 units. The purpose of this seminar is to introduce students to the debate concerning the accountability of transnational corporations that are complicit in rights-violating activities. At the international level, there has been a striking new strategy in the protection of human rights: a transition from focusing solely on rights violations committed by governments to a detailed examination of transnational corporate conduct. Indeed, it has now become trite to say that particular corporations have directly or indirectly participated in violations of human rights. To address the fundamental question of whether corporations should in fact be socially responsible, the seminar will begin with an introduction to corporate theory. Students will then explore some of the key issues in the debate, namely, whether transnational corporations can properly be included under the international law of state responsibility; mechanisms for self-regulation (e.g., voluntary corporate codes of conduct); the utility of the U.S. Alien Tort Statute; the advantages and disadvantages of U.N. initiatives (e.g., the work of the former U.N. Special Representative on Business and Human Rights); and the relevance of domestic corporate and securities law mechanisms (e.g., shareholder proposals and social disclosure). The course will provide a comparative analysis of the U.S. and Canadian experiences, in particular. Significant paper required. Enrollment limited to fifteen (ten Law students and five SOM students). Also MGT 661a. A. Dhir

[The] U.S. Senate as a Legal Institution (20125) 4 units. This course will familiarize students with major or emerging legal and constitutional issues concerning the U.S. Senate. In so doing, it will examine (1) the Senate’s nature as a complex legal institution and (2) the issue of the Senate’s legitimacy in the context of the current and largely unprecedented criticism of the Senate from all parts of the political spectrum. The course should enable students critically to evaluate and use proper source material concerning new issues that are likely to arise in the future regarding the Senate. The first portion of the course will consider institutional legitimacy issues facing the Senate, including the appointment of senators to fill vacancies as well as disputes concerning Senate rules and procedures such as the filibuster and holds. The second part of the course will explore how the Senate interfaces with the Constitution and the Supreme Court. It will examine how senators should regard the issue of constitutionality in voting on legislation, be it campaign-finance reform, Internet decency, or health care. This part of the course will also consider how senators should approach proposed constitutional amendments. The final portion of the course will review some of the wide range of issues that have emerged in recent years regarding the constitutional relationship between the Senate and the Executive Branch, including the increasingly acrimonious issue of the standard to apply to executive appointments under the “advise and consent” power. Particular emphasis in this part of the course will be given to issues that have gained greater prominence since 9/11, including the relationship between enacted constitutional legislation and the presidential assertion of Article II powers, as well as the Senate’s abdication of its Article I war-declaration power. Self-scheduled examination. R. Feingold

Veterans Legal Services Clinic (30123) and Fieldwork (30124) 2 units, graded or credit/fail, at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans currently residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Individual matters typically include (1) benefits applications for veterans who have suffered PTSD, sexual assault, toxic exposure, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials at the Court of Appeals for Veterans Claims or Federal Circuit; and (2) discharge upgrade applications, on administrative appeal and in U.S. District Court, including class-action litigation. Students also represent individual veterans and veterans organizations in Freedom of Information Act litigation in U.S. District Court; in civil rights litigation arising from sexual assault and other litigation alleging discriminatory treatment, in appeals to the U.S. Circuit Court of Appeals; and in federal and state regulatory and legislative advocacy. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Permission of the instructors required. Enrollment limited. M.E. Lado, M.J. Wishnie, and A. Wenzloff

White Backlash in a Dramatically Changing Landscape: Seminar (20451) 2 units. This seminar investigates what commentators have called “whitelash”—a toxic mix of economic anxiety and racial resentment, seemingly triggered by recent civil rights gains, the election of the country’s first black president, and a dramatically changing racial landscape in which whites will soon become a racial minority. This is a seminar organized as a research lab. The first part of the course will cover historical antecedents for white political backlash following a number of events. Students will then decide together with the instructor on appropriate research methods and topics to investigate the existence and nature of this more recent white backlash—for example, doing theoretical and empirical research into whether the current phenomenon is rooted more in race or class, or whether whitelash is less backlash and more a continuation of long-term historical forces. Students will present research findings to the class as we go. Permission of the instructor is required to enroll. In your statement of interest, please indicate your reasons for taking the course and your background in theoretical and empirical research. Paper required. Enrollment limited to twelve. D. Roithmayr

Worker and Immigrant Rights Advocacy Clinic (30127) and Fieldwork (30128) 2 units, graded or credit/fail, at student option, for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut and elsewhere in labor, immigration, and other civil rights areas, through litigation for individuals and nonlitigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, the Board of Immigration Appeals, U.S. District Court, the Second Circuit, and state courts. The nonlitigation work will include representation of grassroots organizations, labor and faith organizations in regulatory and legislative reform efforts, media advocacy, strategic planning, and other matters. The seminar portion is a practice-oriented examination of advocacy on behalf of workers and noncitizens and of social justice lawyering generally. The course will be a two-term offering (4 units each term). The clinical course and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. Enrollment limited. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

Working with Intellectual Property: Patents and Trade Secrets (20236) 2 units. This course will examine current issues in intellectual property by focusing on the activities of lawyers who litigate and advise on patent and other intellectual property issues. We will examine trade secrets law as a practical and analytical counterpoint to patent law. Casebooks present, debate, and evaluate the conclusions courts have reached in significant cases. This course will discuss how lawyers develop the evidence and arguments that lead decision makers to reach their conclusions and will examine working arrangements and disputes that frequently do not make their way into court at all. The course will examine documents such as protest letters, pleadings, various kinds of licensing agreements, deposition transcripts, expert reports, briefs, and other “building blocks” underlying reported decisions, as well as applicable statutory and case law authority. Guest lecturers who have had significant influence in shaping intellectual property law will participate in a number of our classes; past visitors have included lawyers who have argued leading cases, a judge from the Federal Circuit, an author of leading intellectual property treatises, entrepreneurs, and lawyers representing major industry and policy organizations in the intellectual property arena. Instead of an exam, students will prepare and present reaction papers and problem-solving documents (e.g., protest letters, argument/negotiation outlines, proposed orders for relief, and settlement proposals) throughout the term individually and as part of a group. Prior experience in intellectual property law is helpful but not required. This course is not a survey of intellectual property law issues. It complements other intellectual property courses offered by the School. Permission of the instructor required; please submit an indication of interest. The instructor will be able to accept a limited number of papers in satisfaction of the Substantial Paper requirement. Paper required as described above. Enrollment limited to fifteen to eighteen. V.A. Cundiff

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Spring Term

Advanced Courses

A Community of Equals (21077) 4 units. Should the law be used for eradicating patterns of inequalities that mark American society, and if so, how? The inequalities that are the subject of this seminar and the required research papers will be defined broadly, including those based on race, class, gender, sexual orientation, language, nationality, disability, or immigration status. Special attention will be given in our weekly meetings, however, to a wide number of practices, including mass incarceration, inner-city policing, barriers to employment, school assignment policies, racial segregation, and interferences with voting rights, that are responsible for the emergence and perpetuation of the black underclass—practices that are now being fiercely contested as the country experiences what might properly be considered, on the best of days, a racial awakening. Enrollment limited. O.M. Fiss

Administrative Law (21048) 4 units. There are vast areas of life in which a great deal of lawmaking and legal interpretation falls to administrative agencies, rather than to legislators and judges. Examples include the functioning of markets in securities, telecommunications, and energy; the safety of food, drugs, cars, airplanes, and workplaces; the regulation of pollution, public land use, advertising, immigration, election campaigns, and union organizing; and the distribution of all kinds of social welfare benefits. The class will consider rationales for delegation to administrative agencies, procedural and substantive constraints on agency rulemaking and adjudication, judicial review of agency actions, and how Congress and the President supervise and control administration. Self-scheduled examination. Enrollment capped at ninety. C. Rodríguez

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

Advanced Appellate Litigation Project (30200) 5 units (3 fall, 2 spring), graded. Open only to students who have completed the fall-term section, Advanced Appellate Litigation Project. The credits for this course can qualify as either “professional responsibility” or “experiential” but not as both for the same credits. Each student may elect which of those characterizations may be allocated to each course credit. If no election is made to the registrar before the end of the term in which the student is enrolled in the course, all credits shall be presumed to be “experiential.” Permission of the instructors required. S.B. Duke, B.M. Daniels, and T. Dooley

Advanced Challenging Mass Incarceration Clinic: Fieldwork (30146) 2 units. Open only to J.D. students who have completed Challenging Mass Incarceration Clinic: Seminar and Fieldwork. The advanced seminar and fieldwork sections must be taken simultaneously. Enrollment limited to five. Permission of the instructor required. M.S. Gohara

Advanced Challenging Mass Incarceration Clinic: Seminar (30145) 1 unit. Open only to J.D. students who have completed Challenging Mass Incarceration Clinic: Seminar and Fieldwork. The advanced seminar and fieldwork sections must be taken simultaneously. Enrollment limited to five. Permission of the instructor required. M.S. Gohara

Advanced Constitutional Law: Amending the Constitution (21144) 2 or 3 units. One of the most vibrant topics in American political movements today is the drive for the adoption and ratification of constitutional amendments or the convening of an Article V Constitutional Convention to consider specific amendments or more fundamental reform of the Constitution. These calls arise across the political spectrum. This seminar will examine thoroughly the law of the amendment process, its history, and its current role in our political system and public debate. It will also consider the way in which the Constitution can be and has been “amended” through alternate means other than Article V. The first part of the course will explore the origins of Article V including background on the comparative amendability of other written constitutions. The second part will review the history of efforts, both successful and unsuccessful, to amend the Constitution, from early corrective amendments to the post-Civil War Reconstructive amendments and then to the Progressive Era amendments including, in particular, the switch to the direct election of senators. The modern voting-related amendments will also be reviewed. The third and final part of the course will then examine current proposals and advocacy for constitutional amendments across the political spectrum. Special emphasis will be placed on the calls for a constitutional convention and its likely scope. Paper required. Enrollment limited to twenty. R. Feingold

Advanced Criminal Justice Clinic: Fieldwork (30108) 1 or 2 units, credit/fail or graded, at student option. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty and S.O. Bruce III

Advanced Educational Opportunity and Juvenile Justice Clinic (30111) 4 units, graded or credit/fail, at student option. Open only to students who have completed Educational Opportunity and Juvenile Justice Clinic and were enrolled in Advanced EOJJ Clinic in fall 2017. Permission of the instructors required. Enrollment limited to two. J. Forman, Jr., M.S. Gohara, and E.R. Shaffer

Advanced Environmental Protection Clinic (30165) 1 to 4 units. Open only to students who have successfully completed Environmental Protection Clinic. Students who complete this section for 2 or more units may satisfy the professional responsibility or legal skills requirement. Permission of the instructors required. Enrollment limited. J.U. Galperin, D. Hawkins, and L. Suatoni

Advanced Ethics Bureau (30167) 3 units. This course is for students who have already taken either the Ethics Bureau at Yale clinic or a course in professional responsibility, and who wish to contribute further to the work of the Bureau. Permission of the instructor required. Enrollment limited. L.J. Fox

Advanced Immigration Legal Services Clinic: Fieldwork (30142) 1 to 3 units, credit/fail, with a graded option. Open only to students who have completed Immigration Legal Services Clinic: Seminar and Fieldwork. Permission of the instructor required. J.K. Peters

Advanced Immigration Legal Services Clinic: Seminar (30114) 1 unit, credit/fail. Open only to students who have completed Immigration Legal Services Clinic: Seminar and Fieldwork. Permission of the instructor required. J.K. Peters

Advanced International Law and Foreign Relations Seminar (21708) 1 or 2 units. Enrollment limited to those previously enrolled in International Law and Foreign Relations: Seminar. Permission of the instructor required. O. Hathaway

Advanced International Refugee Assistance Project (30171) 2 or 3 units. A fieldwork-only option. Prerequisite: International Refugee Assistance Project. Permission of the instructors required. R.M. Heller and L. Finkbeiner

Advanced Issues in Capital Markets: Role of Counsel for Issuers and Underwriters in an Initial Public Offering (30223) 2 units. This advanced securities law seminar will provide insights into the lawyer’s participation in the capital markets practice. The organizing principle will be the role of counsel for issuers and underwriters in the execution of an initial public offering (IPO) registered with the U.S. Securities and Exchange Commission (SEC) pursuant to the Securities Act of 1933, which will drive consideration of a wide range of legal and practical issues (including related issues under the Securities Exchange Act of 1934). The sessions will be oriented around the key steps required at each stage of the IPO process. Students will engage in drafting exercises, in-class analysis, and mock negotiations (including negotiation of an underwriting agreement). The course will also focus on certain key transaction management skills, including in respect of “situational judgment.” Grading will be based on performance on experiential assignments and class participation. The first session of the course will include an overview of the U.S. federal securities law regulatory framework, which will serve as an important refresher for those who already have studied securities regulation (which is encouraged) and as a basic foundation for those who may not yet have extensive knowledge of the topic. Permission of the instructors required. Enrollment limited to twenty (fifteen Law and five SOM). Also MGT 662b. C.B. Brod and A.E. Fleisher

Advanced Legal Assistance: Domestic Violence Clinic (30208) 1 to 4 units. Open only to students who have completed Legal Assistance: Domestic Violence Clinic. Permission of the instructors required. C. Frontis and E. Messali

Advanced Legal Assistance Clinic: Immigrant Rights: Fieldwork (30203) 1 to 4 units, credit/fail, with a graded option, at student’s choice. Open only to J.D. students who have completed Legal Assistance: Immigrant Rights Clinic. Permission of the instructors required. J. Bhandary-Alexander and D. Blank

Advanced Legal Research: Methods and Sources (21027) 2 or 3 units. An advanced exploration of the specialized methods and sources of legal research in some of the following areas: secondary legal authority, case law, statutory authority, legislative history, court rules and practice materials, and administrative law. The course will also cover the legal research process and tracking research, as well as other strategies for efficient and effective legal research. Class sessions will integrate the use of online, print, and other sources to solve legal research problems. Laptop computer recommended. Students are required to complete a series of assignments, in addition to other course requirements. Students who wish to qualify for a third unit will need to write a paper, in addition to other course requirements. This course is offered in two sections; one section is capped at twenty-five, the other at forty. J.G. Krishnaswami, R.D. Harrison, and J.B. Nann

Advanced Legal Writing (21343) 2 or 3 units. This course will explore the theory and practice of drafting legal memoranda and briefs. Students will have the opportunity to refine analytical as well as writing skills. For 2 units, students will complete two drafts of a legal memo and a brief-revision exercise. To qualify for an additional unit, students will write a second memo that will require them to apply the law to a complicated and disputed set of facts. The goal of the course will be to take students beyond basic competence to excellence in legal writing. Enrollment limited to ten. R.D. Harrison

Advanced Lowenstein International Human Rights Clinic (30174) 3 or 4 units. Open only to students who have completed Lowenstein International Human Rights Clinic. Permission of the instructors required. J.J. Silk, A.S. Bjerregaard, and H.R. Metcalf

Advanced Media Freedom and Information Access Clinic (30176) 1 to 4 units, credit/fail or graded, at student option. Open only to students who have completed two terms of Media Freedom and Information Access Clinic. Permission of the instructors required. D.A. Schulz, J.M. Balkin, H. Bloch-Wehba, and J. Langford

Advanced Property (21019) 2 units. This course will examine the concepts of real and personal property, their social and economic construction, and their consequences for human welfare. The course initially approaches these questions from a theoretical perspective, discussing certain foundational texts in social and economic theory. In particular, it probes the limits of economic reasoning in understanding property institutions and examines whether—and how—we can compensate for these limitations by introducing social, cultural, and moral elements into our analysis. The class will then apply these general theoretical arguments to a variety of empirical settings: American land use regimes, particularly zoning ordinances and regulations; contemporary land use regulations in several foreign countries, covering Continental Europe, East Asia, and Latin America; and historical property institutions in early modern Western Europe and East Asia. By emphasizing a comparative and historical approach, the course attempts to highlight the social and cultural assumptions underlying many traditional theories of property ownership and utilization. Permission of the instructors required. Paper required. Enrollment limited to fifteen. C. Priest and T. Zhang

Advanced Reproductive Rights and Justice Project: Fieldwork (30231) 1 to 3 units, graded or credit/fail, at student option. Students may enroll in the fieldwork section without enrolling in the seminar section. Prerequisite: Reproductive Rights and Justice Project. Permission of the instructors required. P.J. Smith and K. Kraschel

Advanced Reproductive Rights and Justice Project: Seminar (30230) 1 unit, credit/fail. A weekly hour-long seminar only for returning students who are also enrolled in Advanced RRJP: Fieldwork. This seminar is student-organized with an instructor in attendance. Prerequisite: Reproductive Rights and Justice Project. Permission of the instructors required. P.J. Smith and K. Kraschel

Advanced Rule of Law Clinic: Fieldwork (30209) 2 units, graded or credit/fail, at student option. Open only to students who have completed Rule of Law Clinic. Permission of the instructors required. H.H. Koh, M.J. Wishnie, H.R. Metcalf, and P.M. Spector

Advanced Rule of Law Clinic: Seminar (30210) 1 unit, credit/fail. Students who enroll in this seminar must also be enrolled in Advanced Rule of Law Clinic: Fieldwork. Open only to students who have completed Rule of Law Clinic. Permission of the instructors required. M.J. Wishnie, H.R. Metcalf, P.M. Spector

Advanced Sentencing Clinic: Fieldwork (30149) 2 units. This clinic will provide students who have completed Criminal Justice Clinic (CJC) or Challenging Mass Incarceration Clinic (CMIC) an opportunity to participate in a course featuring a 1-unit seminar and two-unit fieldwork component. The seminar will provide students an opportunity to deepen their study of Connecticut and federal sentencing law, policy, and practice. The fieldwork is designed to build on the written and oral advocacy skills students have developed in CJC and CMIC. Students will handle cases involving a combination of state appellate litigation, the Connecticut parole revocation process, and federal supervised release revocation hearings. The fieldwork and seminar components must be taken simultaneously, unless there is instructor permission for a different arrangement. Open only to students who have taken either CJC or CMIC. Permission of the instructors required. Enrollment limited to ten. F.M. Doherty, M.S. Gohara, and T. Ullmann

Advanced Sentencing Clinic: Seminar (30148) 1 unit. This clinic will provide students who have completed Criminal Justice Clinic (CJC) or Challenging Mass Incarceration Clinic (CMIC) an opportunity to participate in a course featuring a 1-unit seminar and 2-credit fieldwork component. The seminar will provide students an opportunity to deepen their study of Connecticut and federal sentencing law, policy, and practice. The fieldwork is designed to build on the written and oral advocacy skills students have developed in CJC and CMIC. Students will handle cases involving a combination of state appellate litigation, the Connecticut parole revocation process, and federal supervised release revocation hearings. The fieldwork and seminar components must be taken simultaneously, unless there is instructor permission for a different arrangement. Open only to students who have taken either CJC or CMIC. Permission of the instructors required. Enrollment limited to ten. F.M. Doherty, M.S. Gohara, and T. Ullmann

Advanced San Francisco Affirmative Litigation Project (30179) 1 to 4 units, graded, with a credit/fail option. Open only to those students who have completed Local Government in Action: San Francisco Affirmative Litigation Project. Permission of the instructors required. H.K. Gerken and C. Kwon

Advanced Supreme Court Advocacy (30181) 4 units (2 fall, 2 spring). Open only to students who have completed Supreme Court Advocacy Clinic. The course requires a full-year commitment. Permission of the instructors required. L. Greenhouse, P. Hughes, M. Kimberly, A.J. Pincus, and C.A. Rothfeld

Advanced Veterans Legal Services Clinic: Fieldwork (30126) 1 to 4 units, graded or credit/fail, at student option. Students may enroll in the fieldwork section without enrolling in the seminar section. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie and A. Wenzloff

Advanced Veterans Legal Services Clinic: Seminar (30125) 1 unit, credit/fail. A weekly seminar session only for returning students who are also enrolled in Advanced VLSC: Fieldwork. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie and A. Wenzloff

Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork (30130) 1 to 4 units, graded or credit/fail, at student option. Students may enroll in the fieldwork section without enrolling in the seminar section. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

Advanced Worker and Immigrant Rights Advocacy Clinic: Seminar (30129) 1 unit, credit/fail. A weekly seminar session only for returning students who are also enrolled in Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

Advocacy in International Arbitration (30212) 2 units. International arbitration is a growing field and increasingly is the mechanism by which the largest international commercial disputes are resolved. This course has two primary aims: (1) to expose students to this area of legal practice; and (2) to provide them with the skills they need to represent clients effectively in international commercial arbitrations. The course is built around a series of exercises that track major stages in the arbitral process, culminating in an evidentiary hearing during which students will present argument and examine witnesses. At each stage of the process, instructors will provide feedback and insights based on their experience dealing with the very same factual scenarios the students will encounter during the mock exercises. In addition to the in-class exercises, there will be a series of short lectures and discussions about key strategic and procedural issues in international commercial arbitration. There will be no paper or final exam, but students will be required to complete a series of written exercises and participate in oral arguments. Enrollment limited to twelve. J.J. Buckley, Jr., J. Landy, and C.J. Mahoney

American Legal History (21063) 3 units. Selected topics in the history of American law, including legal thought, legal institutions, the legal profession, and social movements, from 1787 to the late twentieth century. Self-scheduled examination or paper option. Also HIST 760b. J.F. Witt

Anatomy of a Merger (30219) 3 units. Anatomy of a Merger is an advanced M&A seminar, based on an extensive thirteen-week hypothetical that details the strategy, tactics, and negotiations involved in a company’s saga as it is subjected to an activist investor campaign, a full-scale proxy contest, and an attempted sale to a CEO-selected private equity firm, which at the board’s insistence is abandoned in favor of a controlled auction. Following the auction, a defeated bidder reemerges and jumps the deal, leading to yet another bidding contest. The hypothetical contains detailed dialogue among company management, its legal and financial advisers, and various third-party bidding teams (including several chapters devoted to the essentials in drafting and negotiating a merger agreement). Litigators also get their day in the sun. M&A partners at major NYC law firms co-teach many of the sessions, and an investment banker leads a session on the role of the financial adviser, valuation metrics and methodologies, and deal tactics and strategy. Each episode has accompanying readings in relevant (and sometimes changing) Delaware case law and related articles. Prerequisite: Business Organizations. Permission of the instructor required. Self-scheduled examination. Enrollment limited to fifteen. C. Nathan

Arbitration and Administrative Law Project (30225) 1 unit, credit/fail. The Connecticut Department of Consumer Protection provides residents with the option to resolve disputes regarding Connecticut’s New Car Lemon Law Program and the Lottery Delinquency Assessment process through arbitration. Training will concern the substantive dispute areas, administrative procedures, as well as rules of ethics. Students will oversee and resolve contested cases as arbitrators and hearing officers for oral hearings. The course is designed to allow students to apply Connecticut law to facts in unresolved disputes and draft and render initial decisions describing their findings of facts, conclusions of law, and any applicable orders. Permission of the instructor required. Enrollment limited to twenty-five. I. Ayres

Art and Cultural Property Law (21181) 2 or 3 units. Topics in the law of artist’s rights, art markets, and cultural property. The course will include such topics as moral rights, the right of publicity, law relevant to art galleries and dealers, auctions and museums, as well as problems in the protection of cultural property. Paper required. Enrollment limited to sixteen. J.Q. Whitman

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

Business Organizations (21241) 4 units. A general introduction to the role and structure of organizational law. Although broadly held business corporations will be the principal focus of the course, attention will also be paid to other modes of organizing both commercial and noncommercial enterprise. Scheduled examination. H.B. Hansmann

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

Capital Markets (21764) 3 units. Capital Markets is a course covering a range of topics, including the design, pricing, and trading of corporate bonds, structured notes, hybrid securities, credit derivatives, and structured products, such as asset-backed securities and structured notes. This course aims to provide a set of tools, concepts, and ideas that will serve students over the course of a career. Basic tools such as fixed income mathematics, swaps, and options are studied and used to address security design, trading, and pricing questions. The legal and institutional context of these subjects is also covered, i.e., the contractual basis of bonds and derivatives. Topics are approached from different angles: conceptual, legal, and technical theory, cases, documents (e.g., bond prospectuses, derivatives contracts, consent solicitations), and current events. Students should have taken introductory finance and have some knowledge of basic statistics (e.g., regression analysis, conditional probability); basic mathematics (e.g., algebra, matrix algebra); working knowledge of a spreadsheet package is helpful. Two examinations, six cases, and fourteen homework problems. This course is taught in two sections. There will be seats for ten Law students in each section. Also MGT 947b. G.B. Gorton

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

Capital Punishment Clinic (30161) 6 units (3 fall, 3 spring), credit/fail in the fall term, with the option of graded credit in the spring. Students will gain firsthand experience in capital defense, working as part of a team representing indigent defendants facing the death penalty in cases being handled by the Southern Center for Human Rights in Atlanta or the Equal Justice Initiative in Montgomery, Alabama. Projects and case assignments will vary according to the position of each clinic case in the process, but all projects will require legal research, analysis and writing, strategy meetings with team members, and preparation for appellate arguments and may include interviews with clients or witnesses. Students will complete at least one substantial writing assignment, such as a portion of a motion, brief, or memorandum of law. Opportunity for travel to the South to conduct research and investigation with the Southern Center for Human Rights or the Equal Justice Initiative is available but not required. Students enroll in the fall term and continue in the spring. In rare and exceptional cases, a student may be admitted for the spring term. The course is limited to students who have taken Capital Punishment: Race, Poverty, Disadvantage or are enrolled in it in the spring term. (Students who have taken Capital Punishment: Race, Poverty, Disadvantage will be given priority in admission.) Permission of the instructors required. Enrollment limited. S.B. Bright, A.M. Parrent, and S.M. Sanneh

Challenging Mass Incarceration Clinic (30135) and Fieldwork (30136) 2 units, credit/fail, with a graded option for each part (4 units total). The clinic and the fieldwork must be taken simultaneously. For the first time in a generation, there is bipartisan reconsideration of the criminal laws and “tough-on-crime” policies that have led to the imprisonment of more than two million people in the United States in what many describe as “mass incarceration.” In the clinic’s seminar, students will study the legal, social, and policy factors that contributed to the exponential rise of America’s prison population and consider alternative approaches to punishment. In the fieldwork, students will represent clients in federal sentencing proceedings and in state post-conviction cases. Students will learn advocacy strategies aimed at mitigating or ameliorating their clients’ punishment, both prospectively during sentencing and retrospectively during post-conviction proceedings if the fieldwork docket includes state cases. This work will include: building relationships with clients (some of whom will be incarcerated); interviewing witnesses; investigating case facts; developing case theories; working on interdisciplinary teams alongside expert witnesses; using narrative writing techniques to prepare persuasive pleadings; and developing reentry plans for clients leaving prison. Open only to J.D. students. Permission of the instructor required. Enrollment limited to six. M.S. Gohara

Chinese Law and Society (21361) 2 units. This course will survey law and legal practice in the People’s Republic of China. Particular attention is given to the interaction of legal institutions with politics, social change, and economic development. Specific topics include, among others, the Party State, state capitalism, the judiciary, property law and development, business and investment law, criminal law and procedure, media (especially the Internet), and major schools of Chinese legal and political thought. Prior familiarity with Chinese history or politics is unnecessary but helpful. All course materials will be in English. Permission of the instructor required. Paper required. Enrollment limited to fifteen. T. Zhang

Civil Litigation Practice (30197) 3 units. The course will begin with an overview of pleadings, discovery, and the anatomy of a civil lawsuit. It will then proceed to isolate and develop the skills of oral advocacy, through extensive learning-by-doing exercises, including conducting depositions; performing opening statements and closing arguments; conducting direct and cross examinations of courtroom witnesses; and participating in a full-day jury trial. The course will also include preparation of pleadings and analysis of and critical thinking regarding the elements, underpinnings, and efficacy of the litigation process. The course materials include selected readings and three complete case files published by the National Institute of Trial Advocacy. A participatory session on mediation, under the guidance of an experienced mediator, is included. Enrollment limited to twelve. E.K. Acee and F.S. Gold

Comparative Constitutional Law (21520) 2 units. This course will provide an overview of comparative constitutionalism, through reading and discussion of recent scholarship that has helped to define the subject. The emphasis will be on bringing together (a) the main theories of constitutionalism, and critical responses that they triggered; (b) diverse regions that have been the scene of constitution-making in recent decades (Central and Eastern Europe, East Asia, South Africa, and Latin America), in comparison with more “consolidated” constitutional systems (United States, Western Europe, Australia), and (c) some of the main recent trends in constitutionalism (militant democracy, transitional constitutionalism, transnational constitution-making), but with a firm focus on the question of judicial review and constitutional rights. Paper required. W. Sadurski

Competition Economics and Policy (21154) 3 units. The course will start by describing the economics underlying the U.S. antitrust laws. The class will then analyze competitive behaviors that courts and agencies have determined form the boundary for legality under antitrust law. Students will start with cartels, continue on to mergers, and spend the second half of the term on unilateral conduct (monopolization). The class will learn the economics underlying the strategies chosen by firms and analytical methods needed to assess their impact on competition. It will discuss the evidence and arguments that have been used to determine liability. The course will cover mainly the goals and procedures of the U.S. but also the EU antitrust agencies. The course will welcome a few guests during the term who are practitioners in the field. Students will choose a case (from a limited set) and a side to argue in front of the class. This course will follow the School of Management calendar. Prerequisite: intermediate microeconomics or equivalent economics background (discuss with the instructor if you are not sure). Examination required. Also MGT 589b. F. Scott Morton

Complex Civil Litigation (30198) 2 units. This course will focus principally on the issues that can impact the outcome of complex civil cases. Emphasis will be placed on effective practical legal writing, as well as on successful argument techniques and litigation strategies. Each student will write two briefs and argue those two issues in class. The arguments and related discussions will address issues that impact complex civil cases, such as: assembling the right parties (joinder, necessary parties), establishing personal jurisdiction through indirect contacts (Internet, agency), forum selection (transfer, forum non conveniens), heightened pleading standards (Twombly, PSLRA), discovery in complex cases (electronic discovery, privilege), stays or abstention in favor of related litigation (Colorado River, Rooker-Feldman), multi-district litigation, class action procedures and limitations (class arbitration, CAFA, SLUSA), interlocutory appeals, sanctions, judicial disqualification, and attorneys’ fees. Grading will be based principally on the two papers (briefs) submitted by each student. Oral arguments and class discussion will also count. There will be no examination. Substantial Paper credit available. Enrollment capped at twenty. S.R. Underhill

Conflict of Laws (21358) 2 units. Choice of law and judgments enforcement in the U.S. federal system. This course has some overlap with civil procedure—students will mostly already have at least a basic familiarity with the law of judgments, personal jurisdiction, and the Erie Railroad doctrine. But the heart of the course is common law, statutory law, and constitutional law relating to extraterritorial application of state and federal substantive rules, primarily in the interstate (rather than international) context. Self-scheduled examination. Enrollment limited to thirty. L. Brilmayer

Conservative Critiques of the Administrative State (21719) 2 or 3 units. According to some conservative scholars, U.S. law took a “wrong turn” at the New Deal, and the rise of the “Administrative State” is a terrible mistake that should be curtailed or undone. This seminar will consider the arguments of conservative critics, including Friedrich von Hayek, Richard Epstein, Antonin Scalia, Chuck Cooper, and Gary Lawson. A prior course or simultaneous course in Administrative Law is helpful but not required. Supervised Analytic Writing or Substantial Paper credit available. Paper required. E.D. Elliott

[The] Conservative Tradition in American Thought: Seminar (21501) 3 units. An exploration of some of the main texts and themes in the American conservative tradition. Reading from Jonathan Edwards, John Adams, Fisher Ames, James Fenimore Cooper, John Calhoun, Henry Adams, George Santayana, Irving Babbitt, H.L. Mencken, Reinhold Niebuhr, and others. Paper required. Enrollment limited. A.T. Kronman

[The] Constitution of the Family (21778) 2 units. This course will examine constitutional law concerning the family, with specific attention to parents and children. Generally, the course will situate changes in the family, including dynamics involving marital and nonmarital families, different-sex and same-sex coupling, and reproduction and parenting, within modern constitutional law. More specifically, the course will focus on how law protects—or fails to protect—parent-child relationships as a constitutional matter. Topics include: the development of parental rights in substantive due process doctrine; the Court’s repudiation of “illegitimacy” and its protection of unmarried fathers in the 1960s and 1970s; the legal importance of biological attachments; the rights of adoptive and foster parents; the rights of other nonbiological parents, particularly with respect to same-sex family formation; and the rights of children. These topics will be explored with attention to cross-cutting questions of equality, including race, class, gender, sexual orientation, and marital status. While the course will focus on constitutional law, significant attention will be given to the intersection between constitutional doctrine and family law. There is no writing/paper option for this class; the course concludes with a final examination. Self-scheduled examination. Enrollment limited to twenty. D. NeJaime

[The] Constitution Today: Seminar (21302) 2 units. Paper required. A.R. Amar

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

Copyright Law (21312) 3 units. This course will offer a comprehensive survey of United States copyright law with reference to both its conceptual framework and its practical implementation. It will examine the substantive requirements that literary, musical, pictorial, and digital works of authorship require to meet the standards for copyright protection, procedures for obtaining protection, the scope and duration of copyright, exceptions and limitations such as fair use, infringement and remedies for infringement, copyright institutional actors including the U.S. Copyright Office and the World Intellectual Property Organization, and current debates shaping copyright policy in a global perspective. Self-scheduled examination. S. Wilf

Corporate Crisis Management (30215) 2 units. As a result of unplanned for (or badly planned for) negative events, companies increasingly find themselves as targets of aggressive legal action, media coverage, and regulatory pressure. This is particularly the case for large or name-brand companies. One of the key challenges presented by these developments is that they do not arise from the usual interactions that characterize “normal” business. Instead, companies must organize and act across traditional hierarchies and areas of expertise and many times face antagonistic, unexpected tactics designed for maximal visibility and shock effect, potentially to force industry-wide change. In advising clients in these situations, lawyers must coordinate business concerns, legal issues, stakeholder concerns, and regulatory matters, as well as plan for both expected and unexpected outcomes. This class is based on experiential learning: a rich set of case studies and crisis simulation exercises balance the theoretical and legal frameworks and will help participants to improve their strategic thinking as well as team management and communication skills in high-stress situations. Permission of the instructors required. Enrollment limited to twenty. H.L. Coleman, M. Trevino, and M.M. Wiseman

Corporate Litigation Seminar (21397) 2 or 3 units. This seminar will examine the fundamental doctrinal precepts and cutting-edge practical issues that drive contemporary corporate litigation and will consider how the realities of corporate litigation today challenge scholarly theoretical expectations. Classes will rely on primary documents as well as statutes, court decisions, commentary, and theory, all drawn from practice in the leading commercial courts, state and federal agencies, and international arbitral bodies increasingly designated by contracts for dispute resolution. Students will be asked to apply cases and legal principles in various situations that may arise in corporate litigation practice. Knowledge of fundamental corporate law principles through Business Organizations or otherwise will be assumed. Open only to J.D. students. Students wishing to earn 3 units will be required to write a fifteen- to twenty-page paper. Enrollment limited to fifteen. W.N. Eskridge, Jr., and K.S. Schwartz

Corporate Taxation (21524) 3 units. The United States has a “classical” or two-level corporate tax system, which aims to tax corporate income twice: once when earned at the corporate level and again when distributed to individual shareholders. This corporate “double tax” is problematic because its policy rationale is thin and its implementation is tricky. This course will focus on both the policy and the technical aspects of taxing corporations. On the policy side, it will consider current and past proposals to integrate the corporate tax with the individual income tax. On the technical side, it will consider the tax problems that arise when corporations engage in transactions with their shareholders or with other corporations, including contributions, distributions, and reorganizations. Prerequisite: Federal Income Taxation. Scheduled examination. Y. Listokin

Criminal Justice Clinic (30105) and Fieldwork (30106) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students will represent defendants in criminal cases in the Geographical Area #23 courthouse (the “GA”) on Elm Street in New Haven. Students will handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students will learn how to build relationships with clients, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for clients in court. Students will also explore the legal framework governing the representation of clients in criminal cases, including the rules of professional responsibility. Throughout, students will be encouraged to think critically about the operation of the criminal justice system and to reflect on opportunities for reform. Because of the frequency of court appearances, students must keep two mornings a week (Monday–Friday, 9 a.m. until 1 p.m.) free from other obligations. Students must also return to the law school a few days before the start of the term to participate in an orientation program intended to prepare them for criminal practice. Open only to J.D. students. Enrollment limited. F.M. Doherty and S.O. Bruce III

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

Criminal Law and Administration (21303) 4 units. An introduction to criminal law and its administration, including the requisites of criminal responsibility, the defenses to liability, inchoate and group crimes, sentencing, and the roles of legislature, prosecutor, judge, and jury. This course is given in several sections; it must be taken before graduation. Students may satisfy the graduation requirement by satisfactorily completing Criminal Law and Administration or Criminal Law, but they may not enroll in both courses. Self-scheduled examination. J.Q. Whitman

Criminal Procedure: Adjudication (21217) 3 units. This course will cover pretrial proceedings, plea bargaining, right to trial by jury, effective assistance of counsel, joinder and severance, right of confrontation, prosecutorial discretion, some trial proceedings, and double jeopardy. Class participation is expected and may be taken into account in grading. Students who regularly do not attend will be dropped from the class. Criminal Procedure: Investigations is not a prerequisite. Scheduled examination. S.B. Duke

Criminal Procedure: Investigations (21448) 3 units. This course will introduce and analyze the Constitution’s regulation of criminal investigations and policing. Students will read the Supreme Court decisions responsible for making applicable in state courts certain constitutional criminal procedural rights, via the “due process” clause of the Fourteenth Amendment. For the duration of the term, the class will focus primarily on the Fourth Amendment and certain provisions of the Fifth and Sixth Amendments. Although students will, on occasion, read excerpts of relevant law review and newspaper articles, the primary texts are the various Supreme Court cases that announce, refine, and debate the various doctrines that purport to mediate the relationship between private individuals and the police. Among the many doctrines to consider: the exclusionary rule, “probable cause” and “reasonable suspicion,” the application of Fourth Amendment principles to “new” technology, and Miranda. This course will include a fairly heavy reading schedule and relies in large part on the willingness of students to prepare in advance and participate. Scheduled examination. M. Baer

Critical Race Theory (21039) 3 units. This class will investigate critical race theory, a radical left intellectual and political movement focusing on race and racism that emerged in law schools in the late 1980s. The course will trace the intellectual history of the movement through key scholarship that formed the center of the movement. The class will also investigate the development of a trenchant critique by both liberal and conservative scholars. Topics will include affirmative action; Black Lives Matter and other race-conscious movements; hate speech on campus; intersections of race, gender, and sexuality; and race and Marxian social relations, among others. Students will be asked to choose between a research paper (instructor permission required on basis of proposed topic and research plan) and a set of shorter papers responding to CRT (or CRT critics’) scholarship covered in class. Paper(s) required. Enrollment capped at twenty-five. D. Roithmayr

Debates in Corporate Law, Governance, and Theory (21269) 3 units. This seminar will examine the legal and policy considerations surrounding issues such as corporate board structure and culture, shareholder activism, and the evolving nature of disclosure obligations, before considering topics at the intersection of public and corporate law, including corporate freedom of speech and religious freedom. The class will also explore a set of topics that investigate the corporation as a social actor; namely, corporations and diversity, corporate citizenship, and the modern benefit corporation movement. These topics will follow an introduction to questions that are foundational to the study of the modern business corporation. What is the corporation’s nature and purpose? Is it solely a species of private ordering or a quasi-public entity imbued with public purpose? Significant paper required. Enrollment limited to fifteen (ten Law students and five SOM students). A. Dhir

Education Adequacy Project (30162) 3 units. The Education Adequacy Project (EAP) builds on the clinic’s victory in 2010, when the Connecticut Supreme Court held that the Connecticut Constitution guarantees students the right to an adequate education. Following this decision, a Connecticut trial judge held in 2016 that Connecticut’s education funding system was arbitrary and irrational, and systematically denied students this constitutionally provided right. Early this fall, the Connecticut Supreme Court will hear the state’s appeal from the trial court order. EAP students will have the opportunity to participate in short-term projects such as helping to prepare for oral argument. Meanwhile, the Connecticut General Assembly, as it considers a new biennial budget, continues to debate competing reforms to state and local education funding in response to the trial court’s rulings. We will work with our client, the Connecticut Coalition for Justice in Education Funding, to advocate for reforms that advance the goals of the clinic’s litigation: to provide an adequate and equitable education for all Connecticut students. The clinic is looking for students interested in pushing the boundaries of education adequacy reform through a variety of means and in distinct contexts. Past academic and/or professional experience in education is a plus. In addition to long-term projects, students may be assigned specific individual or group tasks with challenging, and oftentimes unpredictable, deadlines. The seminar portion of the clinic will meet once a week to develop and discuss ongoing and future projects. Students who wish to enroll in the clinic should e-mail the student directors with your résumé and a statement of interest in addition to bidding the course online. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and A.T. Taubes

Empirical Research Seminar II (21745) 3 units. This seminar will support students from the fall class who want to conduct their own research projects. Each student will define a problem of personal interest and work through the various stages of that project from design and execution to analysis and write-up. Permission of the instructor required. Paper required. Enrollment limited to twenty. T.R. Tyler

Employment Discrimination Law (21310) 4 units. This course will examine the regulation of workplace discrimination through Title VII of the Civil Rights Act of l964 and related laws. It is an introductory but comprehensive course that emphasizes the major analytical frameworks for conceptualizing race and sex discrimination—and equality—in the workplace. The course will combine a pragmatic, litigation-oriented perspective with a theoretical, sociological one, as it investigates the assumptions underlying various legal approaches and situates legal trends within larger social and historical contexts. The course will provide a solid theoretical foundation for understanding differing conceptions of discrimination and equality in other areas of law, such as antidiscrimination law and constitutional law. It will also provide students with the background necessary to deal with discrimination problems in a clerkship or practice setting. Course materials include statutes and case law but also media accounts, law review articles, and research from other disciplines. Scheduled examination. V. Schultz

Environmental Protection Clinic: Policy and Advocacy (30164) 3 units, credit/fail. A clinical seminar in which students will be engaged with actual environmental law or policy problems on behalf of client organizations (environmental groups, government agencies, international bodies, etc.). The class will meet weekly, and students will work ten to twelve hours per week in interdisciplinary groups (with students from the School of Forestry & Environmental Studies and other departments or schools at Yale) on projects with a specific legal or policy product (e.g., draft legislation or regulations, hearing testimony, analytic studies, policy proposals). Students may propose projects and client organizations, subject to approval by the instructors. Enrollment limited. Also F&ES 970b. J.U. Galperin, D. Hawkins, and L. Suatoni

Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice and Advocacy (30166) 3 units. Lawyers’ need for ethics advice, consultation, and expert opinions is not limited to those whose clients can pay. Impecunious clients and the lawyers who serve them are in need of ethics counseling and legal opinions on a regular basis. For example, Yale Law School students have provided essential assistance preparing amicus briefs in numerous Supreme Court cases. A few of these cases resulted in victory for the petitioner and citations to the amicus brief in the majority opinions. The students working at the Bureau meet for class two hours per week and are expected to put in approximately ten hours on Bureau projects each week. The classroom work explores the law governing lawyers, but also considers the role of expert witnesses in the litigation process, its appropriateness, and the procedural issues thereby raised. No prerequisites. Preference given to prior Ethics Bureau enrollees and students who previously took a course in professional responsibility. This clinic is yearlong, and students must commit to both terms. Permission of the instructor required. Enrollment limited. L.J. Fox

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

Executive Branch Agencies: Current Administrative Law Scholarship (21571) 3 units. This seminar will examine legal scholarship on executive branch agencies in the U.S. government. The required written work will be four three-page analytic essays, due over the course of the term, on the assigned scholarly articles, and a research paper that may be used in satisfaction of either the Supervised Analytic Writing requirement (in which case the course should be taken for 4 units rather than 3) or the Substantial Paper requirement. Paper required. Enrollment limited. C. Jolls

Federal Income Taxation (21050) 4 units. An introductory course on the federal income taxation of individuals and businesses. The course will provide an overview of the basic legal doctrine and will emphasize statutory interpretation and a variety of income tax policy issues. The class will consider the role of the courts, the Congress, and the IRS in making tax law and tax policy and will consider the impact of the tax law on the distribution of income and opportunity and on economic behavior. Topics will include fringe benefits, business expenses, the interest deduction, the taxation of the family, and capital gains. No prerequisites. No preference given to third-year students. Open only to J.D. students. Self-scheduled examination. Enrollment capped at one hundred. A.L. Alstott

Federal Income Taxation: Business and Financial Basics (21051) 1 unit, credit/fail. Open only to J.D. students with limited background in finance and business; must be taken in conjunction with Federal Income Taxation. Not open to students who have already taken Federal Income Taxation or an equivalent course. A.L. Alstott

Feminist Legal Theory Seminar (21437) 2 or 3 units. This seminar will critically examine some major intellectual traditions in second-wave American feminist theory and explore their relevance to the law. Radical feminism identifies sexuality as the crucible of gender inequality, for example, while cultural feminism points to mothering and kinship. Socialist feminists are concerned with the gender-based distribution of labor, and liberal feminists worry about gender-based exclusion from “public” spheres more broadly. Feminists of color challenge the validity of isolating gender from other categories of social existence, while feminist poststructuralists question the existence of the stable identity categories upon which some other approaches depend. Each of these traditions has found expression in legal scholarship, with authors championing distinctive (though sometimes overlapping) approaches to various areas of law. The class will examine one or more current debates within feminist legal theory to consider how the various traditions have influenced, and might still influence, the debate and the relevant law. Paper required for students taking the seminar for 3 units. Enrollment limited to twenty. V. Schultz

Financial Accounting (21474) 3 units. Financial Accounting will help students acquire basic accounting knowledge that is extremely useful in the day-to-day practice of law. Accounting systems provide important financial information for all types of organizations across the globe. Despite their many differences, all accounting systems are built on a common foundation. Economic concepts, such as assets, liabilities, and income, are used to organize information into a fairly standard set of financial statements. Bookkeeping mechanics compile financial information with the double-entry system of debits and credits. Accounting conventions help guide the application of the concepts through the mechanics. This course provides these fundamentals of accounting and more. It looks at how U.S. Generally Accepted Accounting Principles (GAAP) report transactions and events. The methodology will always be the same: understand the underlying economics of the transaction, and then understand GAAP. A key goal of the course is to have the student develop the ability to infer the economic events and transactions that underlie corporate financial reports. The institutional context within which financial reports are produced and used also plays a vital role in extracting and interpreting the information in those reports. The cases studied are invariably embedded in some context, and important elements of this context will be explored as they arise. Self-scheduled examination. R. Antle

[The] First Amendment (21230) 4 units. This course will study the constitutional rights of freedom of expression and freedom of religion guaranteed by the First Amendment. Among the topics covered will be offensive speech; sedition; defamation; obscenity and pornography; commercial speech; symbolic speech; campaign finance; Internet and broadcast regulation; restrictions on time, place, and manner of expression; freedom of association; the Free Exercise Clause and the Religious Freedom Restoration Act; aid to parochial schools and other religious institutions; permissible accommodations of religious practice; and state establishments of religion. Self-scheduled examination. Enrollment limited to fifty. J.M. Balkin

Food Law and Policy (21769) 2 units. Within the scope of “food law and policy,” one could conceivably cover aspects of administrative, health, agricultural, environmental, antitrust, international, intellectual property, and immigration law, among other topics. Without attempting fully to cover such broad ground, this course will provide students with background in federal and, to a lesser extent, state regulation of food and food production and will explore the ways in which other governmental concerns affect food law and policy. In so doing, the course will explore the intersection of food policy with agricultural policy and trade policy and conclude by looking at the very different concerns of the poor and of the not-poor in accessing an adequate supply of healthy food. Paper required. Enrollment limited to twenty. A.M. Zieve

[The] Foundations of Legal Scholarship (21757) 3 units. During the second term of the legal scholarship seminar, students will reflect on legal scholarship and workshop their own writing. Open only to Ph.D. in Law students and first-year J.S.D. students who completed Foundations of Legal Scholarship in fall 2017. In all cases, enrollment in this term of the seminar is only by permission of the instructor. Paper required. Enrollment limited to six. A.K. Klevorick

Global Health and Justice Practicum (30168) and Fieldwork (30169) 4 units (2 units for each component). This course will teach students to analyze health as a justice issue and to work in interdisciplinary teams to promote health justice in the United States and abroad. The course includes a weekly seminar component and project work. Students undertake projects, typically with outside partners, to address key mediators of health in the United States and worldwide, commonly on issues related to reproductive rights and gender justice, health equity, access to medicines, and structural responses to infectious disease. Students are evaluated by their work product and seminar participation. Students spend an average of ten to fifteen hours outside of class each week on their projects, and students may also travel (typically during spring break) depending on the project. Both sections must be taken simultaneously. Permission of the instructors required. Enrollment limited to twelve. Also CDE 596b. A. Kapczynski, A.M. Miller, and G. Gonsalves

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

Housing Clinic (30115) 4 units, credit/fail. This new clinic combines elements of the former landlord tenant and mortgage foreclosure litigation clinics, along with a new clinical focus on “Fair Housing” policy issues. Students will select one from among three tracks: Foreclosures, Evictions, or Fair Housing. Each track will meet separately for one specialized weekly class session, and the full clinic also will meet together once a week, for more general policy (including the role discrimination has played in the government’s and industry’s treatment of homeowners and renters), ethics, and skills-training sessions. All students will be assigned to a client-centered team within their track, which also will meet weekly for an hour’s supervision session. In addition to these four scheduled hours, students will be expected usually to attend several sessions of the court handling cases in their respective tracks including, for foreclosures, the clinic’s Attorney for a Day Program. In addition to defending their clients’ homes, all three tracks will handle cases seeking affirmative relief. Student teams also will tackle legislative remedies arising from the clinic’s clients’ cases. Students are expected to devote at least eight to twelve hours outside of class to their clients’ cases each week. Case coverage responsibility extends to the start of spring term. Permission of the instructors required. Enrollment limited. J.L. Pottenger, Jr., J. Gentes, A. Knopp, and A. Marx

Human Rights Workshop: Current Issues and Events (21193) 1 unit, credit/fail. Conducted in workshop format, the course will examine contemporary issues in human rights practice and theory. Guest speakers, including scholars, advocates, and journalists, will present each week on a diverse range of topics in human rights. Expected topics this term will include refugees and displaced persons, the global supply chain and labor violations, the rise of state suppression of free speech, religion and human rights, and the human rights implications of the current U.S. administration. Readings are generally distributed in advance of each session. Students enrolled in the workshop for 1 unit of ungraded credit will prepare short response papers before several of the sessions and be responsible for asking the speaker a question at each of those sessions. P.W. Kahn and J.J. Silk

Immigration Legal Services: Seminar (30113) and Fieldwork (30140) 2 units, graded or credit/fail, at student option, for each section (4 units total). This clinic will specialize in the representation of persons who are seeking asylum, through affirmative procedures or in removal proceedings, or post-asylum relief. Seminar sessions will focus on the substantive and procedural law, on the legal and ethical issues arising in the context of casework, and on the development of lawyering skills. Classes will be heavily concentrated in the first half of the term, with additional sessions supplementing the weekly class time. Students will also attend weekly supervisions on their case work. The clinical seminar and fieldwork must be taken simultaneously. Open only to J.D. students. Enrollment limited to four. J.K. Peters and H.V. Zonana

Information Privacy Law (21687) 2 units. Controversy over information privacy has grown dramatically in recent years. Information that many individuals view as private is gathered and deployed using a growing number of new technologies and practices—online tracking, Big Data analytics, and much more. Constitutional, statutory, and common law have sought to respond to rapid changes in information gathering, storage, and dissemination. This course will provide a broad-ranging overview of the rapidly growing area of information privacy law. Course readings will draw from both case law and law review literature. The required written work will be four four-page analytic essays, due over the course of the term, on the course concepts and materials. Paper required. Enrollment limited. C. Jolls

Inside Out: Issues in Criminal Justice (21334) 4 units. In this course on the criminal justice system, students will meet weekly inside a Connecticut state prison and study alongside ten incarcerated students. Students will discuss a range of topics, including the causes and consequences of crime, policing, sentencing, and drug policy. Permission of the instructor required. Paper required. Enrollment limited to ten. J. Forman, Jr.

[The] Institution and Practice of the Federal District Court (21335) 2 units. This course will examine the institution and practice of the federal district court from the perspective of the judge. The primary focus is on the day-to-day work of the court in both civil and criminal cases. Weekly reading materials, available on the course website, will include articles on topics covered in the seminar as well as case filings and judicial decisions. Emphasis will be given to effective lawyering techniques at key stages of civil and criminal cases. Grades will be based on class participation (35 percent) and a series of short written submissions (65 percent) For example, for the session devoted to sentencing, students will be asked to submit a memorandum in aid of sentencing either on behalf of the government or the defendant. There will be no examination. Enrollment limited to twelve. R.N. Chatigny

[The] Institutional Supreme Court (21695) 3 units. This course will examine the Supreme Court from the perspective of its institutional role and the behavior of its members. Since the aim is a better understanding of how constitutional law is made, our focus will be on the making, rather than on the substantive law. Readings will be drawn from current and past cases, briefs, and argument transcripts, as well as political science literature on judicial behavior, public opinion, the appointment process, and other topics. All students will take a self-scheduled, open-book examination. A limited number of students may receive permission to write a paper for additional credit. Enrollment limited to thirty, with preference given to first-year J.D. students. L. Greenhouse

Intellectual Property (21167) 4 units. An introduction to the law of patent, copyright, and trademark. The course will study current policy debates about intellectual property reform and alternative methods for promoting innovation and knowledge production. Self-scheduled examination. Also MGT 693b. I. Ayres

International Environmental Law and Policy (21163) 3 units. This course examines how society addresses environmental challenges that reach beyond the authority or managing capacity of a single nation. Topics will include climate change, stratospheric ozone depletion, long-range air pollution, the protection of ocean resources, and biodiversity. Students will see how environmental law at the global level builds on the principles of international and human rights law and finds specificity in substantive and procedural treaty obligations, multilateral environmental agreements (MEAs), and special frameworks. Decision-making procedures of United Nations agencies and other international and regional bodies will also be studied. Classes will include a few lectures, lots of discussion, and a few structured simulations. This course will follow the calendar of the School of Forestry & Environmental Studies. Self-scheduled examination. Also F&ES 825b. R.R.M. Verchick

International Human Rights (21009) 4 units. This course will survey a selection of topics in contemporary human rights law, with attention to broader principles and problems in international law, as well as to cognate fields like international criminal and international humanitarian law. A consistent focus is how the United States relates to the international human rights system—and how, conversely, that system impinges on diverse areas of American law and policy. The course also takes up the ways in which both the international system and the rights jurisprudence of other countries might differ from approaches in American law, as for example in socioeconomic rights adjudication or the regulation of religious practice. Self-scheduled examination. S. Moyn

International Law (21763) 4 units. This course will offer an introduction to international law. Students will learn the basic minimum that every lawyer should know about the international dimensions of law in the modern world. The course is also meant to serve as a gateway to the rest of the international law curriculum. It will offer a foundation on which students who are interested in further study of the particular topics covered in the class can later build. The course will cover both the public and private dimensions of international law, offering an introduction to varied topics including international trade, international tax, international business transactions, environmental law, criminal law, human rights law, and the law of armed conflict. The course will also offer an introduction to domestic law topics that intersect with international law, including foreign relations and national security law. As each new topic is introduced, the class will not only examine that new topic in detail, but will also explore how it relates to what the class has already discussed. By considering together topics usually taught separately, students will begin to see how different subjects under the broad umbrella of international law are interconnected. And by learning about a variety of issue areas and making direct comparisons across them, students will gain an understanding of each topic that can be had only by viewing it in a comparative perspective. Self-scheduled examination. O. Hathaway

International Refugee Assistance Project (30170) 3 units. This seminar and practicum will introduce students to international refugee law, with an emphasis on fieldwork. Class sessions will combine project rounds with a consideration of the development and content of the international refugee legal regime, U.S. policy toward refugees, and the particulars of the Iraqi and Syrian refugee crises. Additionally, students will work in pairs under the supervision of private attorneys to provide legal representation to refugees in the Middle East in urgent humanitarian situations seeking resettlement in a safe third country. Guest lecturers will include practitioners and scholars in the field of refugee law. Permission of the instructors required. R.M. Heller and L. Finkbeiner

Internet Law (21422) 2 units. An introduction to the legal and policy issues raised by computers and the Internet. This course will explore how the Internet’s digital and networked environment changes the nature of regulation, unleashes innovation, and refashions the relationships among public and private actors. Topics will include jurisdiction, free speech, privacy, intellectual property, and Internet governance. Self-scheduled examination. C.M. Mulligan

Introduction to the Regulatory State (21722) 3 units. This course is an introduction to the modern regulatory state, with an emphasis on legislation, administrative implementation, and statutory interpretation by judges as well as by agencies. Because of the focus on statutory interpretation, this course is a substitute for the advanced course in Legislation, but it is not a substitute for the advanced course in Administrative Law. Self-scheduled examination. Enrollment capped at ninety, with preference given to first-year J.D. students. W.N. Eskridge, Jr.

Law, Economics, and Organization (21041) 1 unit, credit/fail. This seminar will meet jointly with the Law, Economics, and Organization Workshop, an interdisciplinary faculty workshop that brings to Yale Law School scholars, generally from other universities, who present papers based on their current research. The topics will involve a broad range of issues of general legal and social science interest. Students registering for the seminar and participating in the workshop will receive 1 unit of ungraded credit per term. Neither Substantial Paper nor Supervised Analytic Writing credit will be available through the seminar. Short reaction papers will be required during the term. Please e-mail Professor Jolls for further information and to be admitted to the seminar; please note, however, that a formal statement of interest or background is not necessary. Permission of the instructors required. C. Jolls and R. Romano

Law and Cognition: Seminar (21202) 2 units. The goal of this seminar will be to deepen participants’ understanding of how legal decision makers—particularly judges and juries—think. The class will compile an in-depth catalog of empirically grounded frameworks, including ones founded in behavioral economics, social psychology, and political science; relate these to historical and contemporary jurisprudential perspectives, such as “formalism,” “legal realism,” and the “legal process school”; and develop critical understandings of the logic and presuppositions of pertinent forms of proof—controlled experiments, observational studies, and neuroscience imaging, among others. Students will write short response papers on weekly readings. Enrollment capped at twenty-five. D.M. Kahan

Law and Political Economy (21299) 2 units, credit/fail. This seminar will examine the relationship between the economy and political life, with particular attention to the role of law in mediating the relationship between the two. The class will begin with key theoretical readings that articulate the embeddedness of the economy in politics (e.g., Polanyi) and that critique the conception of efficiency as a politically neutral value (e.g., Anderson, Dworkin). Early readings will also consider how literatures on racial capitalism and social reproduction contribute to our understanding of political economy. The class will then pivot to consider recent legal scholarship across a range of fields that seeks to bring questions of political economy to the center, and thereby to make our legal and social order more just, equal, democratic, and sustainable. Topics include the political economy of the U.S. Constitution, trade law, the carceral state, work and labor law, and environmental law. At the end of the course, time will be allocated for topics that students identify as important to their own research agendas or to emerging political events. Students seeking graded credits may add a third credit and complete a seminar paper by the end of exam period. The paper option must be elected by February 2. Permission of the instructor required. Paper required. Enrollment limited to twelve. A. Kapczynski

Law and Psychology (21575) 3 units. This seminar will explore recent research in psychology and philosophy concerned with free will, agency, and moral and criminal responsibility, and the bearing of this research on the law. Topics include the nature of agency and free will; the distinction between compulsion and weakness; causality and responsibility; conceptions of just deserts; excusing, mitigating, and aggravating conditions; neural and genetic sources of conduct, and situational and unconscious factors shaping conduct. Paper required. Enrollment capped at twenty. Also PSYC, PHIL 743b. T.R. Tyler and G. Yaffe

Law and Sociology (21368) 4 units. This course is designed to introduce sociological perspectives and frameworks on law and legal institutions. The first portion of the course will focus on fundamental concepts in sociology and the sociological analysis of law; it will also provide an overview of qualitative and quantitative analytical methods in sociology. The second portion of the course will cover applications of those concepts and tools to various contemporary legal problems. Students will be expected to write periodic one-page theoretical application papers. They will also work in a group to produce a short presentation. Permission of the instructor required. Self-scheduled examination. Enrollment limited to twenty-five. M.C. Bell

[The] Law of Democracy: Legal Structure of the Political Process (21567) 4 units. This course will explore the way the law structures the democratic process in the United States. The class will cover issues such as the right to vote; the presidential primary process; campaign finance and the role of money in politics; the Voting Rights Act; the constitutional role and place of political parties in the democratic system; issues concerning partisan and racial gerrymandering; and alternative ways of structuring elections and democracy. The issues covered arise regularly before the Supreme Court, and the course will reflect legal issues that emerged in the 2016 election cycle and since then. The course will range from U.S. history, to the doctrinal development of current law, to an exploration of the policy consequences for democracy in the United States of the relevant legal rules, to democratic theory. Students should come away with a deeper understanding of how democracy actually works, with greater appreciation for the complexity of many of these issues, and with a richer set of insights into the relationship between democratic theory, institutional design, and the way law and institutions shape the actual experience and practice of democracy. The course will focus primarily on U.S. law and doctrine but will also weave in comparative perspectives concerning the design of democratic institutions and processes. Scheduled examination. R.H. Pildes

Law of Newsgathering (21164) 2 units. This seminar will explore the constitutional, statutory, and common law rules that regulate the conduct of journalists, evaluate the impact of this legal regime on the flow of information to the public, and examine the challenges presented to settled legal principles by new communications technologies. Through discussion of case law and current events, the class will identify, organize, and evaluate the legal doctrines that control the critical function of newsgatherers in the United States and assess ways in which the prevailing principles will need to adapt to the realities of a digital world if we are to maintain a vigorous press and a fully functioning system of free expression. Paper required. Enrollment limited to fifteen. D.A. Schulz

Legal Assistance: Domestic Violence Clinic (30204) 4 units. Students in the New Haven Legal Assistance Domestic Violence Clinic will represent survivors of domestic violence in Superior Court, in both civil and criminal matters, and also at the Connecticut legislature. The clinic will be based at the New Haven Legal Assistance Association (LAA), a nonprofit legal services office whose mission is to secure justice for and protect the rights of those low-income residents of New Haven County who would otherwise be unable to secure legal representation. The clinic will be a legal resource for survivors of domestic violence and their families. Through their advocacy and course work, students in the clinic will learn to practice as legal services lawyers representing vulnerable individuals. Students can expect to work both on individual cases, as well as on policy matters affecting the clinic’s client population. While it is likely that students will be representing clients in restraining order matters, no substantive area of law will be excluded from consideration, including custody/visitation hearings. When clients present with multiple legal problems, students may represent them in housing, consumer, benefits, Title IX, or immigration matters. Permission of the instructors required. Enrollment limited to eight. C. Frontis and E. Messali

Legal Assistance: Immigrant Rights Clinic: Seminar (30194) and Fieldwork (30195) 2 units, for each component, 4 units total. Students may elect credit/fail and must do so by the stated deadline each term. Students must be enrolled in the seminar and fieldwork components simultaneously. Students in the Immigrant Rights Clinic (IRC) will represent immigrants and their organizations in court, before administrative agencies, and in the legislature. IRC is based at the New Haven Legal Assistance Association (LAA), a nonprofit legal services office whose mission is to secure justice for and protect the rights of those low-income residents of New Haven County who would otherwise be unable to secure legal representation. The clinic will be a legal resource for immigrant communities and their organizations. Through their advocacy and course work, students in the clinic will learn to practice as legal services lawyers representing immigrants and their organizations. Students will represent clients in both immigration and employment law matters in federal courts. Community partners will refer cases to the clinic, and there will be no substantive area of law excluded from consideration. Enrollment limited to eight. J. Bhandary-Alexander and D. Blank

Legal Assistance: Reentry Clinic (30201) 4 units, credit/fail, with a graded option. The New Haven Legal Assistance Reentry Clinic will provide civil legal representation to people with criminal convictions to help them challenge and navigate barriers to their successful reentry to society. Students in the Reentry Clinic will have an opportunity to represent individual clients on a variety of legal issues. Through this work, students will also identify and research challenges facing this population that invite litigation or legislative strategies for broader reforms. Examples of the direct representation cases students may work on include denials of housing subsidies based on an applicant’s criminal record, applications for pardons, employment discrimination based on the disparate impact of criminal convictions on minorities, access to health care and other public benefits, and modification of child support obligations. Students will represent clients in a variety of forums, including administrative hearings before Housing Authorities, the CHRO or EEOC, and the Department of Social Services; hearings before the Connecticut Board of Pardons and Parole; and state court. Students will gain experience in all aspects of lawyering, including interviewing clients and witnesses; written advocacy (examples include litigation pleadings, correspondence with clients, opposing counsel, and other third parties and letter memoranda); informal and formal fact investigation; and oral advocacy (examples include negotiations and questioning witnesses and presenting oral argument at administrative or court hearings). Students will also have an opportunity to engage in systemic reform by conducting legal and policy research to identify avenues for broader reforms. Enrollment limited to six. A. Eppler-Epstein and E.R. Shaffer

Legal Writing and Written Advocacy (30227) 3 units. This course will train students to advocate for their clients more effectively and to understand how, in practice, the various phases of a lawsuit—and the various documents that lawyers prepare during each phase—fit together. The class will review numerous types of litigation-related documents. Students will complete multiple short assignments to develop proficiency as legal writers. The course will provide approximately equal amounts of instruction about (1) the stylistic side of “legal writing” and (2) advocacy’s more substantive, strategic facets. Students may be required to prepare assignments as part of a team. N. Messing

Legislation and Statutory Interpretation (21227) 3 units. This course will examine issues relating to the enactment, application, and interpretation of legislation, primarily at the federal level. The course will introduce students to the basic contours of congressional lawmaking practice, theoretical models of the legislative process, the application and interpretation of statutes by the executive branch, and numerous aspects of judicial statutory interpretation. Students will explore and critique the different methods and canons that courts apply in construing statutes and consider such issues as the appropriate degree of deference to administrative interpretations, judicial use of legislative history in construction, and interaction between the courts and Congress. Self-scheduled examination. L.M. Solan

Legislative Advocacy Clinic (30118) 2 or 3 units, credit/fail. With the states positioned to be focal points for progressive policy initiatives, students in this yearlong clinical seminar will engage in high-level work on state-level policy projects requiring legislative action in cooperation with nonprofit client organizations. Taking advantage of the close proximity of Yale Law School to the State Capitol, students will have real-time opportunities to draft legislation, participate in client strategy discussions, research policy options, and present testimony to standing committees of the Connecticut General Assembly. Several possible Connecticut-based clients’ projects will be available “off-the-shelf,” or students may propose their own projects. While preference is given in the student-selection process to Connecticut-based proposals, the clinic may also accept students proposing to pursue priority projects in other states. Several students may team up and propose a collaborative project. The instructors must approve and participate in the final design of students’ projects and will assist with students’ efforts to identify partner client organizations. National partner organizations, such as SiX Action and the Center on Budget and Policy Priorities, may participate by offering projects or support. Project work will be supplemented by class discussions about the legislative process and the role of the General Assembly in Connecticut politics, including guest presentations from current leaders in the State House and Senate, the executive branch, and professional legislative staff. Because of the substantial advance planning required, students’ application proposals should be submitted by the limited enrollment deadline. Accepted students will need to coordinate with the instructors before registration, and their project designs should be approved during the first week of class. “Shopping” this clinic is therefore discouraged. The clinic seminar will meet most Friday mornings, and project supervision sessions also generally will be scheduled on Fridays. Students may enroll for 2 or 3 units each term. Enrollment limited to eight to twelve. J.L. Pottenger, Jr., S. Geballe, A.A. Knopp, and E. Scalettar

Liman Projects: Incarceration, Isolation, and Criminal Justice Reform (30172) 2 units, credit/fail, with a graded option. These projects enable students, working in groups, to learn about areas of law related to criminal justice reform, including law related to prosecution, detention, and incarceration. Ongoing projects include studying how prisons use and regulate long-term isolation (sometimes called “solitary confinement,” “restricted housing,” or “administrative segregation”) and how to reduce the number of persons in isolation and the degrees of their isolation. The Liman Center has done two national surveys and will continue to do data collection and analyses as well as more research on the law and policies related to isolation more generally. Students with an interest in or experience with quantitative work, data collection, and Qualtrics software are encouraged to join the class. In addition, the Liman Project published a monograph, called Rethinking Death Row, based on student research; that volume examined the statutes and regulations related to putting capital-sentenced prisoners in isolation and provided windows into three correctional systems that do not isolate death-sentenced prisoners. Another project focuses on the role gender plays in incarceration, in terms of the ways in which women and men are classified, placed in facilities, and the programs and rules imposed. Again, the goals include research and reform. Students work in teams and meet regularly with supervisors. With permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. Writing is required, as the projects always involve reports, PowerPoints, and research memos. The projects usually span more than one term and have, on occasion, resulted in published articles. Permission of the instructors required. J. Resnik, K. Bell, L. Fernandez, and A. VanCleave

Liman Public Interest Workshop: Rationing Access to Justice in Democracies: Fees, Fines, and Bail (21534) 2 units, credit/fail, with a graded option. This workshop will consider the resources of courts and their users, to reflect on whether constitutional democracies have obligations to subsidize both judiciaries and litigants. In the United States and elsewhere, constitutional and statutory commitments to access to courts and opportunities to enforce rights are challenged by the high demand for civil legal services, high arrest and detention rates, declining government budgets, and shifting ideologies about the utility and desirability of using courts. Our topics and questions address two kinds of access: of litigants to use whatever systems are provided and of the public to know about the processes and outcomes of the judgments rendered. Our plan is to examine when, why, and how courts and lawyers are conceived to be “rights” and the implications of those ideas in terms of public obligations to provide funding in polities understanding themselves as democratic. We will consider the financing of courts, litigants, and criminal justice detention; sources of the demand for civil and criminal litigation; and claims of “litigiousness,” “over-criminalization,” and “excessive” punishment. At times, our lens will be comparative, as we consider other jurisdictions’ views on the obligations to provide subsidies for civil and criminal litigants so as to protect rights to “justice” and to “effective judicial remedies.” We will also consider the debates about what “access to justice” and “paths to justice” mean, as some focus on expanding access to lawyers and courts in adversarial exchanges, and others promote alternative procedures such as arbitration and mediation, that are often more informal and less public. Examples of reforms include revising bail practices, changing court fees, altering fines, and remodeling courts as “problem solvers”—able to tailor their methods (for example, veterans, mental health, drug, reentry, girls, family, and business courts). Another set of questions relates to how these innovations comply with or depart from constitutional obligations of “due process” and of “open courts,” admitting outsiders to observe the interactions. The readings draw on materials from state and federal, domestic and transnational, civil and criminal, and administrative and judicial proceedings. Throughout, we will look at how social and political movements and race, gender, ethnicity, and class affect our understandings of what constitutes fairness and justice in fashioning systems to respond to claims of injury. The workshop can be taken ungraded or for credit. The requirements vary accordingly. Whether taking the class for graded or ungraded credit, students missing more than two sessions without permission will not receive credit. Students who do not complete and send reflections four times during the term will not receive credit for the class. J. Resnik, K. Bell, and A. VanCleave

Litigating Antidiscrimination Laws (21197) 2 or 3 units. This course is intended to fuse theory with practice, to explore (1) whether and how the theories that undergird our antidiscrimination laws are enforced in our courts, and (2) what advocates (in a range of contexts) can and should be doing to enhance or improve enforcement of our antidiscrimination laws. Course materials will draw heavily from actual litigation materials including motion memoranda, long-form briefs, other litigation materials, and secondary literature to help provide a practice-based perspective on these issues. The instructor will draw on recent experiences on the Hill and in courtrooms around the country and will encourage students to critically engage with their own life experiences to identify strategy and policy solutions moving forward. Two units, based on class participation and a final examination; 3 units, based on class participation and a final paper in lieu of an examination. A limited number of students will be accepted for the paper option, which can count as the Substantial Paper. Self-scheduled examination or paper option. K.M. Kimpel

Local Government in Action: San Francisco Affirmative Litigation Project (30178) 1 unit, with the option of additional units. This course will introduce students to local government lawyering. Working directly with attorneys from the Affirmative Litigation Task Force in the San Francisco City Attorney’s Office, students will have an opportunity to brainstorm about potential projects, research the most promising ideas for lawsuits, assist in filing a case, or help litigate one already under way. The course will address both theoretical issues (What roles should cities play in our democracy? Can cities further the public interest through litigation?) and practical ones (city-state relations, standing issues). The first part of the course will acquaint students with broader legal and policy issues associated with affirmative litigation. The students will then break into independent working groups organized by subject area; the working groups will be designed to accommodate student interests and preferences. Each working group will either develop and propose a potential lawsuit, or assist in one of the City’s ongoing affirmative litigation cases. Students joining the clinic are expected to make a one-year commitment. Permission of the instructors required. H.K. Gerken and C. Kwon

Local Government Law (21175) 4 units. Much of our daily interaction with law and government is with local law and local government. Local governments are tasked with providing public goods as central to daily life as public schools and police; they pass laws and issue regulations governing everything from how loud parties can be to what one can eat; and, by setting property tax levels, regulating land uses and limiting building heights, they have an enormous impact on the value of what is for most families their largest asset, their home. Many law school classes, however, ignore local governments and local laws. This class will change that focus, examining both the law governing the powers of local governments and the actual content of local laws and policy. A special focus will be the regulation of politics at the local level, looking at how the rules governing local elections affect the results of those elections. Further, the class will delve deeply into the determinants of the economic success of cities, using cutting-edge research in agglomeration economics. The course critically engages with a variety of theoretical approaches to studying local governments and tests them against the nuts and bolts of local government law practice. Scheduled examination. Enrollment limited to fifty. D.N. Schleicher

Lowenstein International Human Rights Clinic (30173) 4 units, credit/fail. Students will work on a variety of human rights projects, generally in support of advocacy efforts of human rights organizations. Projects are designed to give students practical experience with the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills necessary to be effective human rights lawyers; and to integrate the theory and practice of human rights. Class sessions will include an overview of basic human rights standards and their application; instruction in human rights research and writing skills; and critical examination of approaches to human rights advocacy and enforcement. The clinic will have one or more student directors. Permission of the instructors required. Enrollment limited to eighteen (total enrollment, including the advanced clinic). J.J. Silk, A.S. Bjerregaard, and H.R. Metcalf

Mathematical Models of Law and Society: Seminar (21196) 2 units. This seminar will explore the use of dynamic math models to understand the relationship between legal regulation and the social behavior that law regulates. This is a seminar organized around applications of mathematical models. The class will explore a range of models, to include: (1) models that explore the evolution of common law legal rules; (2) models in which law regulates to try to promote cooperative behavior and minimize conflict; and (3) models in which social actors innovate to get around legal regulation, and regulators in turn innovate to reregulate escaping social actors. Evaluation will be based on a “proposed model project” paper. Required mathematics background is basic calculus. Permission of the instructor required. In a statement of interest, please indicate math and computer science background and reasons for taking the course. Paper required. Enrollment limited to twelve. D. Roithmayr

Media Freedom and Information Access Clinic (30175) 3 or 4 units, credit/fail for students in their first term, graded for students in their second term. Students in the clinic will work on all aspects of cases involving press freedom, open government, free speech, and related issues. Clients include investigative journalists, traditional and new media organizations, activists, advocacy organizations, researchers, and academics. Pending matters typically include litigation under the First Amendment and Freedom of Information laws in both federal and state courts. The clinic’s cases involve a diverse array of issues, focusing in particular on national security, surveillance, privacy, technology, and government accountability. Students may also have the opportunity to engage in nonlitigation advocacy and client counseling. The seminar will focus on substantive law, case discussions, skills training, and ethical issues. Students will have the opportunity to write related research papers. Permission of the instructors required. Enrollment limited to eighteen. D.A. Schulz, J.M. Balkin, H. Bloch-Wehba, J. Langford, and S.J. Shapiro

Medical Legal Partnerships (21097) 1 unit. This course will explore the challenges and benefits of medical legal partnerships (MLPs), with a particular focus on the five MLPs currently operating in New Haven. Enrollment is at the discretion of the instructor, and dedicated work in a New Haven MLP is a corequisite. Students will complete scholarly papers and meet to discuss both academic writings and the legal and operational challenges of MLPs. Meeting times to be arranged. Supervised Analytic Writing or Substantial Paper credit available with permission of the instructor. Permission of the instructor required. Paper required. A.R. Gluck, K. Kraschel, and E. Rusyn

Military Justice (21678) 3 units. This course will explore the character and function of military justice today. Topics will include the constitutional rights of military personnel; court-martial jurisdiction and offenses; trial and appellate structure and procedure; collateral review; the roles of commanders, Congress, the Supreme Court, and the President; unlawful command influence; the role of custom; and punishment. Current issues such as the treatment of sexual offenses, military commissions, government contractors and other civilians, command accountability, military justice on the battlefield, judicial independence, and the application of international human rights norms to military justice will be addressed. The class will consider issues of professional responsibility, how the military justice system can be improved, and what, if anything, can be learned from the experience of other countries. Paper required. Also GLBL 598b. E.R. Fidell

Natural Resources Law (21182) 3 units. Managing natural resources is complicated and contentious. This course will examine the ways that law allocates and manages many of our most important natural resources, including public lands, biodiversity, wetlands, and offshore oil. Readings will take the class to a variety of landscapes, from the Mojave Desert to the Rocky Mountains to Cajun swamps to Walden Pond. The class will examine constitutional dilemmas and the pivotal role played by administrative law. While the focus is on federal law (the National Environmental Policy Act, the National Forest Management Act, and the Endangered Species Act, and more), the course will also consider some aspects of state law, including doctrines of public trust. Throughout, the class will keep an eye on historical, ethical, and economic considerations too—and, of course, climate change. Classes will include a few lectures, lots of discussion, and a few structured simulations. Self-scheduled examination. Also F&ES 859b. R.R.M. Verchick

Philosophy of Law: Analytical Jurisprudence (21275) 3 units. This course will examine a variety of historically influential responses to basic questions concerning the nature of law and the difference (if any) between law and morality. Readings will include works by legal positivists, natural lawyers, legal realists, and critical legal scholars. Philosophy of Law: Normative Jurisprudence is a companion to this course. The two together comprise a literacy course in the philosophy of law. They can be taken in either order or separately. Neither is a prerequisite for the other, but students seeking a strong background in philosophy of law are encouraged, but not required, to take both. Self-scheduled examination or paper option. Also PHIL 703b. S.J. Shapiro

Presidential Power in an Age of Conflict: Seminar (21184) 2 units. This course will explore the modern exercise of presidential power in foreign affairs, military and covert actions, domestic affairs, and executive actions. The class will consider the Necessary and Proper Clause and the Take Care Clause; the President’s war powers, treaty, and other diplomatic authorities; the appointment and confirmation of judges and other officials; and the power to grant pardons and commutations. Throughout, the course will examine the ways in which executive branch conflicts with the other two branches of government are addressed and resolved. The course will also examine recent efforts by the states to use judicial processes to register objections to executive branch policy actions. While focusing on contemporary issues and recent disputes, the course will draw on historical precedent to give students a grounded and contextual understanding of presidential power. Paper required. Enrollment limited to twenty-two. W.N. Eggleston

Professional Responsibility (21382) 3 units. This course will focus on the law and ethics of lawyering—that is, the standards set by the law and by the codes of professional conduct, and at least suggested by commonly shared ethical boundaries. The course will focus most heavily on the Model Rules of Professional Conduct and cases interpreting and applying those rules. The closed-book examination for this course includes both multiple choice and essay questions. This course is not available on a credit/fail basis. Scheduled examination. D. NeJaime

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

Prosecution Externship and Instruction (30193) 2 or 3 units, credit/fail. Students in this clinical externship will assist state or federal prosecutors with their responsibilities, both before and at trial. Federal placements are available in New Haven or in Bridgeport; the federal caseload is varied, including misdemeanors, felonies, or specialized areas such as violent crime, white-collar crime, drug trafficking, or appellate work. The State’s Attorney for New Haven, which also has a varied but faster-paced docket, can take one or two student placements. All students are required to attend weekly class sessions, which will range from discussions of assigned readings to field trips to jails and the medical examiner’s office. Students will keep journals and time records. Placements at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Students also apply for the State’s Attorney during the previous term, though interviews may take place after the student has been accepted into the Externship program. Enrollment is limited and permission of the instructors is required. However, the early application process and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. Selection for this course takes place before limited enrollment course bidding. K. Stith, S.V. Nagala, and A. Perry

Race, Class, and Punishment: Seminar (21203) 4 units, each term. This seminar is a continuation of the fall seminar. Open only to students who were enrolled in the fall 2017 seminar. Permission of the instructor required. J. Forman, Jr.

Remedies (21772) 4 units. Most law school courses focus on what counts as a violation of law in some substantive area. Remedies is about what happens once law has been violated, spanning many different substantive areas: What will courts or other regulatory bodies do in order to vindicate legal rights? At a somewhat practical, litigation-oriented level, the course covers the most common legal and equitable remedies, including damages, injunctions, and restitution. At a more theoretical level, the course explores goals, mechanisms, and patterns of analysis common to many legal regimes—public and private; civil, criminal, and constitutional—from a backward-looking, remedial perspective. Self-scheduled examination. D. Levinson

Reproductive Rights and Justice Project: Seminar (30226) and Fieldwork (30229) 2 units, graded or credit/fail, at student option, for each section (4 units total). The RRJP seminar and fieldwork must be taken simultaneously. Students will advocate for clients who are often vilified by opponents as well as some members of the press and judiciary, learning the vital importance of client confidentiality, as well as the impact of political movement strategy and management of press and public messaging. For litigation matters, students will work in small teams in cases being handled by attorneys at Planned Parenthood Federation of America, the Center for Reproductive Rights, or the ACLU Reproductive Freedom Project. Projects and case assignments will vary according to the posture of the cases, but all will require top-notch legal research, analysis, and writing, as well as strategy meetings with team members. Some cases will involve trial-level work, including informal fact development, drafting pleadings, discovery, motion practice, and negotiations. Other matters will involve appellate briefing. Students will also have an opportunity to develop nonlitigation skills by undertaking nonlitigation matters involving legislative and regulatory advocacy, public education, and strategic planning and legal review of legislative proposals, at the federal, state, and local level. Clinic members will work with course instructors and local and national groups. Students may also work on additional projects involving preparation for future litigation on the state and national level or other policy projects promoting access to reproductive health care, the details of which cannot be disclosed because they involve privileged matters. Students will be assigned in small teams to work on matters, and caseloads will vary depending on the number of credits elected by the students. Open only to U.S. J.D. students. Permission of the instructors required. Enrollment limited to eight to twelve. P.J. Smith and K. Kraschel

Research Methods in Foreign and International Law (21487) 1 unit, credit/fail. Explores methods for finding the major sources of international law, including treaties and customary law; the material from the UN and other intergovernmental organizations; and laws from nations other than the United States. Particular attention is paid to practical research issues and solutions using both print and electronic resources. Research interests of the class and other specialized topics may also be explored. Minimum enrollment of seven. The skills requirement may be satisfied by taking this course with another 1-unit legal research course. This course will meet weekly for seven weeks in the second half of the term. L. Olejnikova and E. Ma

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

Rule of Law Clinic (30190) 4 units. This clinic will focus on maintaining the rule of law and human rights in four areas: national security law (torture, drones, Guantánamo, travel ban); antidiscrimination (against religious and ethnic groups); democracy promotion; and climate change (maintaining U.S. commitments under the Paris Agreement, in the face of prospective withdrawal). The work will be divided into these work streams, and discrete projects will be chosen (some litigation, some advocacy, some other kinds of work) where the work product can contribute meaningfully to preservation of the rule of law. Preference to U.S. J.D. students. Permission of the instructors required. Enrollment limited. H.H. Koh, M.J. Wishnie, H.R. Metcalf, and P.M. Spector

Securities Regulation (21065) 3 units. This course is an introduction to the federal regulation of public capital markets. We will explore the issuance of stocks, bonds, and other securities. The course will focus on the statutes administered by the Securities and Exchange Commission, with primary emphasis on the Securities Act of 1933 and the Securities Exchange Act of 1934. Topics will include the basics of securities fraud, insider trading, corporate reporting, the initial public offering process, and secondary market securities trading. We will also explore how a company can avoid the securities laws by raising its capital privately. The course is essential preparation for a career in transaction legal practice and will be useful to any student interested in big firm litigation practice, which often centers on allegations of securities fraud. Scheduled examination. J.D. Morley

Seminar in Private Law (21497) 2 or 3 units. This course will focus on private enterprise and resistance against authoritarianism. The seminar will take up the relationship between private enterprise and authoritarian states. It will ask what forms of private enterprise tend to embrace authoritarian politics and what forms tend to resist it. The seminar will also ask how private resistance to authoritarianism might be encouraged. Topics will include: corruption, administrative regularity, and the rule of law; private engagements to promote public rights; and the rule-of-law tendencies of industry-types. At least half of the term’s sessions will involve presentations by outside speakers from law and associated disciplines. The remainder will prepare for the speaker presentations. Term paper required for 3 units of credit; thought papers for 2 units of credit. Enrollment limited. D. Markovits

Specialized Legal Research in Corporate Law (21489) 1 unit, credit/fail. This legal research course will focus on corporate law research in a law firm setting. Secondary sources and research techniques specific to the practice of corporate law will be covered. Research topics may include transactional legal research, company and market research, securities research, competitive intelligence, financial analysis, current awareness, form finding and document construction, corporate and nonprofit governance, practitioner’s tools, and other relevant areas based on student interest. Students will be required to complete a series of in-class assignments. The course will meet once weekly for the first half of the term. The skills requirement may be satisfied by taking this course with another 1-unit legal research course. Minimum enrollment of five. J. Eiseman, S. Stein, and M. VanderHeijden

Supreme Court Advocacy (30180) 6 units (3 fall, 3 spring). This course is a continuation of the fall clinic and is open only to those who have completed the clinic’s fall term. Permission of instructors required. Enrollment limited to twelve. L. Greenhouse, P. Hughes, M. Kimberly, A.J. Pincus, and C.A. Rothfeld

Taxation: Independent Research (21646) 2 or 3 units. The instructor will supervise students who wish to write a paper about taxation. Credit hours depend upon the scope of the paper project. Enrollment limited to six. Y. Listokin

Taxation of Business Income (21192) 2 units, credit/fail. This course will introduce the federal income tax rules that govern the taxation of business income. Topics include the taxation of corporations and partnerships and the U.S. rules governing the taxation of cross-border income. The class will work with the Code and regulations and will emphasize the structure and internal logic of each area, and will also explore major policy issues. This course will serve as an introduction to these topics for students who want an overview of business taxation. Students who want to delve more deeply into these subjects may go on to the separate courses in corporate, partnership, and international tax. The course will be offered credit/fail, and students will be expected to submit comments and questions from time to time. Students who wish to take the course for graded credit may do so but will have to complete additional written work. Prerequisite: Federal Income Taxation. A.L. Alstott

Trial Practice (30199) 2 units, credit/fail. An introduction to trial evidence and to the techniques and ethics of advocacy in civil and criminal trials. Students will act as lawyers in simulated trial situations. The instructors, who are judges and experienced trial lawyers from the community, will provide instruction and critique. Enrollment limited to seventy-two. S. Wizner

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

Veterans Legal Services Clinic (30123) and Fieldwork (30124) 2 units, graded or credit/fail, at student option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. There are approximately 250,000 veterans currently residing in Connecticut, many with acute and unique legal needs related to their military service or return to civilian life. In this clinic, students represent Connecticut veterans in a range of individual litigation and institutional advocacy matters. Individual matters typically include (1) benefits applications for veterans who have suffered PTSD, sexual assault, toxic exposure, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials at the Court of Appeals for Veterans Claims or Federal Circuit; and (2) discharge upgrade applications, on administrative appeal and in U.S. District Court, including class-action litigation. Students also represent individual veterans and veterans organizations in Freedom of Information Act litigation in U.S. District Court; in civil rights litigation arising from sexual assault and other litigation alleging discriminatory treatment, in appeals to the U.S. Circuit Court of Appeals; and in federal and state regulatory and legislative advocacy. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Permission of the instructors required. Enrollment limited. M.J. Wishnie and A. Wenzloff

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

Wills, Trusts, and Estates (21276) 4 units. An introductory course treating the various means of gratuitous transfer of wealth by will, trust, and intestacy. The class will discuss the policy bases of inheritance and the changing patterns of intergenerational wealth transfer; probate administration and procedure; the creation of wills; and the creation and management of common law trusts. It will also cover basic features of federal transfer and inheritance taxation. The course will mainly cover state law, with special attention to the relevant portions of the Uniform Probate Code, the Uniform Trust Code, and the Restatements (Third) of Trusts and Property. Scheduled examination. J.D. Morley

Worker and Immigrant Rights Advocacy Clinic (30127) and Fieldwork (30128) 2 units, graded or credit/fail, at student option, for each part (4 units total). Students will represent immigrants and low-wage workers in Connecticut and elsewhere in labor, immigration, and other civil rights areas, through litigation for individuals and nonlitigation advocacy for community-based organizations. In litigation matters, students will handle cases at all stages of legal proceedings in Immigration Court, Board of Immigration Appeals, U.S. District Court, the Second Circuit, and state courts. The nonlitigation work will include representation of grassroots organizations, labor and faith organizations in regulatory and legislative reform efforts, media advocacy, strategic planning, and other matters. The seminar portion is a practice-oriented examination of advocacy on behalf of workers and noncitizens and of social justice lawyering generally. The course will be a two-term offering (4 units each term). The clinical course and fieldwork must be taken simultaneously in both terms. Permission of the instructors required. Enrollment limited. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

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