Yale University.Calendar.Directories.

Course Offerings

Fall Term

First-Term Courses

Constitutional Law I (10001) 4 units. P. Gewirtz (Section A), R.B. Siegel (Section B), J.M. Balkin (Group 1), W.N. Eskridge, Jr. (Group 2), H.K. Gerken (Group 3), P.W. Kahn (Group 4), J. Rubenfeld (Group 5)

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

Procedure I (12001) 4 units. H.H. Koh (Section A), J. Resnik (Section B)

Torts I (13001) 4 units. G. Calabresi (Section A), D. Kysar (Section B), I. Kohler-Hausmann (Group 1), J.F. Witt (Group 2)

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

Advanced Administrative Law: Reasoned Administration (20419) 2 or 3 units. Legal legitimacy may have many sources: the will of God, the will of the sovereign, the will of the people, the consent of the governed, etc. Modern administrative law features, not exclusively, but importantly, reliance on reason and reason-giving as the touchstones of the legality and legitimacy of administrative action. It was not always so, and this notion remains contestable, both in terms of its content and its power to legitimate. This seminar will explore the idea of reasoned administration historically, philosophically, comparatively, and in practical application. Prerequisite: Administrative Law or its equivalent. Papers may satisfy the Substantial or Supervised Analytic Writing requirements. Paper required. Enrollment limited to twelve students. J.L. Mashaw

Advanced Advocacy for Children and Youth Clinic: Fieldwork (30138) 1 to 3 units, graded or credit/fail at student option. A fieldwork-only option. Prerequisites: Advocacy for Children and Youth Clinic: Seminar and Fieldwork. Permission of the instructors required. J.K. Peters and M.S. Gohara

Advanced Advocacy for Children and Youth Clinic: Seminar (30102) 1 unit, credit/fail. Open only to students who have completed Advocacy for Children and Youth Clinic: Seminar and Fieldwork. Permission of the instructors required. J.K. Peters and M.S. Gohara

Advanced Appellate Litigation Project (30200) 5 units (3 fall, 2 spring). Students in the Appellate Litigation Project 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. This course is not open to M.S.L. students. 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 Community and Economic Development: Fieldwork (30132) 1 to 3 units, graded. Open only to students who have completed the Community and Economic Development Clinic. Permission of the instructors required. A.S. Lemar, J.H. Brown, and C.F. Muckenfuss III

Advanced Community and Economic Development Clinic: Seminar (30104) 1 unit, credit/fail. Open only to students who have completed the Community and Economic Development Clinic. Permission of the instructors required. A.S. Lemar, J.H. Brown, C.F. Muckenfuss III

Advanced Contracts (20361) 3 units. This course will cover certain significant, and still currently important, topics in greater depth than they could be covered in the first-year Contracts course, and some additional topics. Subjects include remedies, interpretation, default rules, and third-party beneficiaries. The course will then use the concepts that the first part develops to consider contracting issues in other legal fields. Subjects will include corporate governance (to what extent are firms free to structure their own governance arrangements or constrained by corporate codes?); bankruptcy (to what extent can firms contract out of or affect how bankruptcy will affect them, or are they constrained by bankruptcy code rules?); and M & A (what factors influence the content and legal treatment of merger agreements and permissible defensive tactics?). Readings will include cases and recent articles. The course should be helpful to students who may practice or teach in business fields. Self-scheduled examination or paper option, with permission of the instructor. A. Schwartz

Advanced Criminal Justice Clinic: Fieldwork (30108) 2 units, credit/fail or graded, at student option. A fieldwork-only option. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty, M. Orihuela, and T. Ullmann

Advanced Criminal Justice Clinic: Seminar (30107) 1 unit, credit/fail. Prerequisite: Criminal Justice Clinic. Permission of the instructors required. F.M. Doherty, M. Orihuela, and T. Ullmann

Advanced Education Adequacy Project (30163) 1 to 3 units. Open only to students who have completed Education Adequacy Project. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and A.T. Taubes

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

Advanced Environmental Law: Comparing Chemical Regulation Worldwide (20526) 2 or 3 units. This advanced environmental law course will build upon the survey course in environmental law and policy by comparing legal systems for regulating chemicals in the environment worldwide. The goal is to acquaint students with the similarities and differences among legal systems for regulating chemicals worldwide. The readings will focus on the U.S., European Union, Canadian, and Chinese and Korean approaches to regulating chemicals, but students are also encouraged to research other programs from among the twenty-seven countries that regulate chemicals. The course will begin with an examination of the basic paradigms of Quantitative Risk Assessment in the United States and the Precautionary Principle in the European Union. The class will use a set of reading materials and articles that includes portions of the U.S. Toxic Substance Control Act (TSCA), as recently amended, the EU regulation on the Registration, Evaluation and Authorization of Chemicals (REACH), China REACH, and Korea REACH. The prospects for greater international harmonization in the regulation of chemicals will also be considered. The emphasis will be on what the United States, the European Union, and China can learn from one another to improve their regulatory systems. A prior or simultaneous course in environmental law and policy or equivalent is not required but is useful. Self-scheduled examination or paper option. Enrollment limited to twenty-five. E.D. Elliott

Advanced Environmental Protection Clinic (30165) 1 to 4 units. Open only to students who have successfully completed the 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 to twenty. 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 Traversing the Legal Minefield, 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 Refugee Assistance Project (30171) 2 or 3 units. A fieldwork-only option. Prerequisite: Global Refugee Legal Assistance. Permission of the instructors required. R.M. Heller and L. Finkbeiner

Advanced Legal Assistance Clinic: Immigrant Rights: Fieldwork (30203) 1 to 4 units, credit/fail, with a graded option. Open only to students who have completed Legal Assistance: Immigrant Rights Clinic. Open only to J.D. students. 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 Services for Immigrant Communities (30117) 1 to 3 units, credit/fail. Open only to students who have taken Legal Services for Immigrant Communities. Open only to J.D. students. Permission of the instructor required. S. Wizner

Advanced Legal Writing (20032) 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. 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 the Lowenstein International Human Rights Clinic. Permission of the instructors required. J.J. Silk, H.R. Metcalf, and A.S. Bjerregaard

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

Advanced Supreme Court Advocacy (30181) 4 units (2 fall, 2 spring). Open only to students who have completed Supreme Court Advocacy. 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. A fieldwork-only option. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.R. Kuzma and A. Wenzloff

Advanced Veterans Legal Services Clinic: Seminar (30125) 1 unit, graded or credit/fail, at student option. A weekly seminar session only for returning students. Prerequisite: Veterans Legal Services Clinic. Students must also enroll in Advanced Veterans Legal Services Clinic: Fieldwork. Permission of the instructors required. M.R. Kuzma and A. Wenzloff

Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork (30130) 1 to 4 units, graded or credit/fail, at student option. A fieldwork-only option. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Permission of the instructors required. M.I. Ahmad, R. Loyo, and M. Orihuela

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

Advanced Written Advocacy (30218) 3 units. This seminar will train students to advocate for their clients more effectively. To improve students’ strategic writing, the course 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

[The] American Legal Profession (20439) 2 or 3 units. This course will meet three hours per week for the first nine weeks of the term, August 31 through October 26. A credit/fail option is available to students who so elect during the first two weeks of the term. This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA’s Model Rules of Professional Conduct and other rules regulating lawyers: demographic changes in the profession; the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the “public-interest” bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the lawyer as counselor; and the export of American lawyering models abroad. Self-scheduled examination, with option of a paper for extra graded credit. R.W. Gordon

Anatomy of a Merger (30219) 3 units. Anatomy of a Merger is an advanced M&A seminar, based on an extensive thirteen-week hypothetical which 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

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

Appellate Advocacy: The Art of Appellate Practice and Procedure (30196) 3 units. This course will provide an introduction to appellate practice and procedure, designed to teach students the basic substantive knowledge and skills needed to advocate effectively on behalf of a client in an appellate court. The course begins with entry of judgment in the trial court and proceeds through preliminary motion practice, briefing, and oral argument. Connecticut’s appellate rules will be applied. Students will act as lawyers in a simulated appellate case based on a trial record and transcript, as well as preside during class in various roles including roles of trial judge and appellate judge. In addition to the basic instruction and analysis of selected opinions, invited practitioners and judges will address appellate advocacy and legal analysis. Students will be required to submit a two-page reflection paper. Permission of the instructor required. Enrollment limited to sixteen. B.R. Schaller

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

[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 Web site 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. 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 fifteen. L. Caplan

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 an emphasis on large, publicly traded firms. 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 Markets (20067) 3 units. This course covers 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. The 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. Also MGT 947a. G.B. Gorton

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, the Equal Justice Initiative in Montgomery, Alabama, or Connecticut Public Defenders. 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 summer 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. 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 two types of cases: federal sentencing proceedings and Connecticut state parole hearings. Students will learn advocacy strategies aimed at mitigating or ameliorating their clients’ punishment, both prospectively during sentencing and retrospectively during post-conviction proceedings. 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. Additionally, students will present oral arguments at their clients’ federal hearings and will prepare state-sentenced clients to testify before the parole board. Open only to J.D. students. Permission of the instructor required. Enrollment limited to four. M.S. Gohara

Civil Appellate Practice and Procedure (20619) 3 units. First-year civil procedure courses often provide students with only a brief introduction to civil appellate practice and procedure. This course is designed to build on, and expand upon, that introduction, offering an in-depth consideration of the following subjects, among others: the historical background and non-inevitability of appeals; the constitutional and statutory bases of appellate jurisdiction; the law-making and error-correcting functions of appellate courts; and the respective roles that judges and litigants play in the appellate process. Open only to J.D. students. Paper required. Enrollment capped at fifteen. D.S. Days III

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

Community and Economic Development Clinic (30103) and Fieldwork (30131) 2 units, credit/fail or graded 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 in CED represent and partner with community organizations, nonprofits, community development financial institutions, neighborhood associations, and small foundations. These client organizations share an interest in promoting economic opportunity and socioeconomic mobility among low- and moderate-income people. Students will represent clients in a range of legal matters including formation and governance of for-profit, not-for-profit, and hybrid entities; negotiating and drafting contracts; developing employment and other policies; structuring real estate transactions; resolving zoning and environmental issues; providing tax advice; drafting and advocating for legislation; and appearing before administrative agencies. CED engages students in local work that can then be used to inform policy development at the local, state, and federal levels. Students will gain skills in client contact, contract drafting, transactional lawyering, legal research and writing, regulatory and legislative advocacy, administrative agency contact, and negotiation. The class seminar will meet once a week for two hours and once a week for one hour and will cover federal, state, and local policies affecting urban and suburban places; substantive law in tax, real estate development, and corporate governance; and transactional and regulatory lawyering skills, such as negotiating and drafting contracts. Each student will meet with faculty once a week for fieldwork supervision. The clinic is open to students from the Schools of Law, Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Permission of the instructors required. Enrollment limited to eight. A.S. Lemar, J.H. Brown, and C.F. Muckenfuss III

Comparative Administrative Law (20517) 2 or 3 units. A seminar comparing the administrative law system of the United States with those in other parts of the world. The seminar will focus on the way statutory and constitutional law guides and constrains policy making by government ministries and independent agencies, and it will consider the oversight role of the courts and other bodies. The course will compare the United States with the EU, France, Germany, and the U.K., and it will also examine administrative law in the transition to democracy in emerging economies and in nondemocracies such as China. The particular comparative focus will depend on student background and interest. Prerequisite: one course on administrative law (either of the United States or of any other country). Thus, LL.M. students are eligible if they have studied administrative law during their legal training. Biweekly reading responses and either a self-scheduled examination or a term paper. Three units of credit available for papers designed to earn Substantial Paper credit or for comparable papers by graduate students. Self-scheduled examination or paper option. Enrollment limited to twenty. S. Rose-Ackerman

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 and S.G. Calabresi

Comparing U.S. and European Constitutionalism (20542) 2 units. Modern constitutionalism was invented in the United States but soon adopted in many European countries. Both constitutional systems undoubtedly belong to the type of liberal democracies. But there are also striking differences, for instance, in the historical origin, which continues to exercise its influence today, and in the understanding of fundamental rights, the separation of powers, the function and acceptance of judicial review, constitutional amendments, the attitude toward international law, etc. Knowledge of these differences sharpens the understanding of one’s own constitutional system, makes the deeper roots behind the differences visible, and furnishes alternatives that may be useful when it comes to interpreting constitutions and solving constitutional conflicts. At the end the question will be whether or not the constitutionalization process in the EU follows the American model of 1787. This course will meet for the first half of the term, between August 29 and October 6. Self-scheduled examination or paper option. Students who complete Substantial Papers may earn a third unit for the course. D. Grimm

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.

Controversies in Antidiscrimination Law (20235) 2 units. One of the defining features of American antidiscrimination law over the past several decades has been the proliferation of grounds on which people have sought legal redress for discrimination. Anti­discrimination claims based on race, sex, and religion remain common, but courts today also confront antidiscrimination claims based on disability, sexual orientation, accent and language skills, weight, and appearance. Moreover, antidiscrimination claims today are not always brought by people conventionally understood to be victims of identity-based forms of discrimination: white people claim they have been discriminated against on the basis of race; men claim they have been discriminated against on the basis of sex; beautiful people claim they have been discriminated against on the basis of appearance. Some of these claims have been recognized by courts; others have been rejected. This seminar will examine which forms of discrimination have been outlawed and why the law protects individuals against some forms of discrimination and not others. Our overarching goal will be to think through the profound question of when discrimination is wrong and what the law should do about it. Paper required. Enrollment limited. C. Franklin

Convicting the Innocent (20044) 2 or 3 units. This course will explore the causes of and remedies for miscarriages of justice in which persons other than the perpetrators of criminal offenses are found guilty. The course will examine the processes of memory and suggestion, cognition, belief formation and resistance to change, lying and lie detection, the motivations and opportunities for fabricating evidence, imposter and unqualified experts, incompetent lawyers, poverty, and their relationships to legal rules and practices. Among the specific contexts in which the examinations will occur are allegations of child sexual abuse, stranger rapes, robberies, and murders. Some attention will be paid to the special problem of capital punishment. Students will be asked to present a topic during the term and to ask a question or make a comment during every class meeting. Attendance and participation are therefore required. Students who have selected writing topics and have had those topics approved by November 30 may receive writing credit in lieu of the examination. Others will take an open-book examination, for which they will receive 2 units of credit. The credits awarded for papers will depend on the work involved in the paper. Papers may qualify for Supervised Analytic Writing or Substantial Paper credit. Enrollment limited to twelve. S.B. Duke

Corporate Finance (20507) 3 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

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.–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, T.R. Birckhead, and S.O. Bruce III

Criminal Justice Reform: Theory and Research in Action (30182) 3 units, credit/fail. We are at a pivotal moment with respect to American policing (and arguably the U.S. criminal justice system more generally). Police shootings in Ferguson, North Charleston, Cleveland, and Cincinnati—as well as the death of Eric Garner after police put him in a chokehold in Staten Island and the death of Freddie Gray after he was transported in a police van in Baltimore—have brought national attention to the questions of how police should do their jobs and even how that job should be defined. Perhaps at no point since the 1960s, when the Kerner Commission wrote an influential report on American policing following a period of widespread urban unrest, have long-held assumptions about the purposes and methods of policing been called so deeply into question. Academics and researchers can and should be a part of the conversation about how to make policing (and all of the components of criminal justice operation) simultaneously more effective, just, and democratic. Participants in this workshop will explore theories (procedural justice, legitimacy, social network analysis, implicit bias, among others) and empirical findings that are being marshaled to rethink the function and form of policing. They will also engage in research projects and public policy advocacy that aim to give these ideas practical effect. The course’s immodest goal is that participants should have an opportunity to help define the face of American policing in the twenty-first century. We meet weekly; preparation and attendance are required for credit. If you need to miss a class, please be in touch with the instructors in advance of the meeting. Students missing more than two sessions without permission will not receive credit. Graded credit may be available to students who wish to write papers (including Substantial Papers and Supervised Analytic Writing papers) in connection with this course. Permission of the instructors required. Enrollment limited. T.L. Meares, T.R. Tyler, and M. Quattlebaum

Criminal Law and Administration (20061) 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

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, for example, regulation, protectionism, taxes, social insurance, welfare, public opinion, education, and unions. This course will meet according to the Law School calendar. Supervised Analytic Writing or Substantial Paper credit possible, with permission of the instructors. Paper required. Enrollment limited to fifteen Law students. Also PLSC 287a/EP&E 411a. M.J. Graetz and I. Shapiro

Democratic Constitutionalism (20373) 2 or 3 units. The course will explore the relationship between judicial review and constitutional interpretation outside the courts. Over the term the course will address how those in Congress and the Executive Branch, as well as citizens in political parties and social movements, make claims on the Constitution. Using case histories involving gun rights, abortion, same-sex marriage, executive power, religion, poverty and health care, it will examine the roles that political mobilization and conflict play in the development of constitutional meaning inside and outside of courts. Permission of the instructors required. Self-scheduled examination (2 units) or, with approval, paper option (3 units). Enrollment limited. R.C. Post and R.B. Siegel

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

Economic Inequality and the Law (20675) 2 units. Economic inequality, the collapse of the middle class, and the increasing concentration of wealth are now at the forefront of public debate. Politicians and policy makers now focus on addressing economic inequality and on reforming the political system so that the wealthiest Americans do not exert disproportionate influence over policy making. In this seminar, the class will discuss the economics, political science, and law related to economic inequality, including the economic data over the past half-century, political science research on the disproportionate influence wealthy Americans have over policy outcomes, the history of constitutional debates on economic inequality, legal structures that exacerbate inequality, and laws and policies that can mitigate inequality. Specific areas of law will be partly determined by student interest, but may include constitutional law, tax, labor, antitrust, public utilities, corporate organization, and campaign finance. Paper required. Enrollment limited to twelve. G.N. Sitaraman

Education Adequacy Project (30162) 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The EAP pursues a single complex lawsuit to ensure the State of Connecticut provides all Connecticut children with adequate and equitable educations. Students work with attorneys at Debevoise & Plimpton as well as local counsel in an integrated team. A four-month trial took place in the spring of 2016, and as of this writing it is anticipated that the case will be in the post-trial or appellate stages during the fall term. Students have to date played a significant role in determining the case’s litigation strategy. Class time is devoted to litigation strategy and discussion with supervising attorneys; training in litigation skills; and internal clinic logistics. New students should be aware that the long trial and years of pretrial proceedings have created a massive record, and it will be difficult to become familiar with the case. However, the clinic will accept a limited number of new students if they are exceptionally interested and eager to participate. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and A.T. Taubes

Employment Discrimination Law (20037) 3 units. This course will focus primarily on Title VII of the Civil Rights Act of 1964, the landmark federal statute that prohibits employment discrimination based on race, color, religion, sex, or national origin. In addition to learning the doctrinal machinery of employment discrimination claims, students in this course will learn the competing theories of discrimination that are the heart of this area of the law. Students will develop the conceptual tools to understand litigation not only under Title VII itself—which now makes up a significant portion of the entire civil docket of the federal courts—but also under the many related federal and state employment statutes that build on it. The course covers controversies among litigants, judges, and legislatures about such questions as: what counts as intentional discrimination; how the law should treat discrimination that is not intentional; burdens of proof; how the Constitution interacts with employment discrimination statutes; what actions employers are required or permitted to take to avoid discriminating; and affirmative action. The class will also discuss the legal treatment of discrimination on the basis of pregnancy, national origin and language, sexual orientation and gender identity, and religion. The course will supplement the case law with relevant secondary materials that provide perspectives from disciplines such as sociology and psychology. Scheduled examination. J.R. Fishkin

Environmental Protection Clinic (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

Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice and Advocacy (30166) 3 units. The work of the Bureau consists of four major components. First, the Bureau provides ethics counseling for pro bono organizations such as legal services offices, public defenders, and other NGOs. Second, the Bureau prepares standard-of-care opinions relating to the conduct of lawyers, prosecutors, and judges that are required in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct. Third, from time to time, the Yale Ethics Bureau provides assistance to amici curiae, typically bar associations or ethics professors, on questions of professional responsibility in cases in which such issues are front and center. Fourth, the Bureau provides ethics opinions for the National Association of Public Defenders, position papers for various American Bar Association entities, articles for law reviews and other publications, and editorials on topics of current interest. The fifteen 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 the instructor’s ethics class. Open only to J.D. students. Permission of the instructor required. Enrollment limited. L.J. Fox

Ethics in Law and Markets (20622) 3 units. This course focuses 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.” We 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. The class also will consider the way that globalization and the emergence of economic interactions among many different cultures have affected attitudes and practices related to ethics. Students also will 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. G. Fleming and J.R. Macey

Evidence (20166) 3 units. This course will examine the rules and doctrines regulating the presentation of factual proof in trials in the United States, with primary focus on the Federal Rules of Evidence. Scheduled examination. D.M. Kahan

Family Law (20307) 3 units. This course will explore how the law constructs, defines, limits, and regulates the family. Topics covered include: marriage and nonmarital relationships; sex and reproductive rights; parentage; having and raising children; divorce and its consequences; and child custody. Class materials consist primarily of case law and statutes but also include media accounts, legal scholarship, and sources from other academic disciplines. Scheduled examination. D. NeJaime

Federal Criminal Law (20298) 3 units. This course will explore the law of federal crimes. Federal criminal law is peculiar—expansive yet limited. The major thematic approach of this course will be trying to answer the question, “Who (really) defines federal crimes?” Students will see that Congress is just one of the authors of federal criminal law. A second theme of the course will be the exercise of prosecutorial discretion, which is a legal premise that helps explain such a vast, under-enforced body of law. Federal criminal law is also important. The influence of federal criminal law on state law and even the law of other nations is much greater than its proportionate number of prosecutions. For instance, in recent decades, there have been major substantive and doctrinal changes in federal criminal law, often copied at the state level. RICO laws, money-laundering laws, and sentencing law reforms are some prominent examples. More generally, as William Stuntz said, “Federal criminal law is the battleground for the most basic issues of crime policy.” We will explore interpretative, theoretical, and practical issues in the development and enforcement of federal criminal law—including federal criminal jurisdiction, mail and wire fraud, extortion and bribery, criminal civil rights law, money-laundering, RICO, and the criminal side of the United States’ efforts against nonstate international terrorism. Prerequisite: Criminal Law and Administration. Scheduled examination. K. Stith

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. Open only to J.D. students. Self-scheduled examination. A.L. Alstott

Federal Income Taxation: Business and Financial Basics (20223) 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

Financial Accounting (20405) 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 the course will explore important elements of this context as they arise. Scheduled examination. Enrollment capped at fifty. R. Antle and S.J. Garstka

Food and Drug Administration Law (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 life-saving therapeutics, foods, supplements, and related consumer products. Its authority has been built in response to public health crises and is constantly under scrutiny from all sides of the political spectrum. The class 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.) 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. Students with high-quality papers will be given specific guidance in submitting them for publication in the peer-reviewed medical/public health/policy literature. Paper of 2,500–4,000 words is required. Enrollment limited to twenty. A.S. Kesselheim

Foreign Relations (20676) 3 units. This course is an introduction to the constitutional and statutory doctrines that regulate U.S. foreign relations. Topics will include the distribution of foreign relations powers among the three branches of government, the powers to declare war and conduct military operations, the role of U.S. courts in cases touching on foreign relations, the scope of the treaty power, and legal issues related to the war on terror. Scheduled examination. G.N. Sitaraman

Foundations of Health Law and Policy (20304) 2 units. This seminar will center around a series of classic, famous books on health care, ranging from Starr’s Social Transformation of American Medicine, to Gawande’s Being Mortal, to Mukherjee’s Emperor of All Maladies, to Solomon’s Far from the Tree. Each week will bring discussion of a new book and its implications for health policy and also for health law. Several authors will be invited to class to participate. Grading will be based entirely on three types of student participation: students are expected to read each book (approximately 300 pages per week) and come well prepared to discuss; a one-paragraph response will be due the evening before each class; and each student will be responsible for leading class discussion in one session. Class leaders are responsible for thinking through, researching, and presenting to the class which laws and law-related themes relate to book readings of the week. Permission of the instructor required. Enrollment limited. A.R. Gluck

[The] Foundations of Legal Scholarship (20653) 3 units. This seminar will focus on legal scholarship, including some older classics as well as newer work that we consider important. Books, articles, and papers will cover a wide range of subject areas and methodologies in both public law and private law. Permission of the instructor required. S.J. Shapiro

[The] Global Financial Crisis (20515) 1.5 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 instructors aim 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

Graduate Seminar (50110) 1 unit, credit/fail. This course will offer LL.M. students an opportunity to explore current legal scholarship in a wide range of public and private law areas, including U.S., comparative, and international law. Weekly sessions will feature Yale Law School faculty leading discussions of recent and current research. LL.M. students, for whom this class was designed, are strongly encouraged to participate; they receive enrollment automatically and need to notify the instructor if they choose not to enroll. S. Rose-Ackerman

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. That discussion will include 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 students 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

Higher Education and the Law (20311) 1 or 2 units. Higher education plays a singular role in our society. Colleges and universities are complex organizations and institutions with unique missions to discover, create, and transmit knowledge, and to further social mobility. Higher education intersects with the law in myriad ways. This course will examine the legal issues that shape higher education, particularly in the United States. The course will cover accessibility to and financing of higher education, academic freedom, shared governance, admissions, free expression, privacy and freedom of association, campus safety with a particular focus on sexual assault, and issues of race, disability, gender, and sexual orientation. The course will consider student rights and responsibilities, faculty issues concerning research ethics and the classroom, and the roles of presidents, governing boards, and university general counsels. Materials include relevant statutes and cases as well as readings from related fields. The goal throughout the course will be to understand the breadth of issues faced by higher education in the United States in pursuing its mission, and the ways in which legal rules and norms relate to these issues. Students taking the course for 1 unit, credit/fail, will submit four reaction papers (roughly 750 words each); students taking the course for 2 graded units will submit three reaction papers and a research paper of at least 7,500 words. Students must elect the course for the credit/fail option for 1 unit, or the graded option for 2 units by the end of the second week of the term on the specific date published by the Office of the Registrar in the Important Dates and Deadlines. Paper required. Enrollment capped at eighteen. F.M. Lawrence

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

Human Rights Workshop: Current Issues and Events (20134) 1 unit. 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, including sessions on progressive constitutions in Latin America and on art and 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. The workshop will meet approximately every other week. 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

Immigration Legal Services Clinic: Seminar (30113) and Fieldwork (30140) 2 units, graded or credit/fail, at student option, for each part (4 units total). The clinic specializes 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 course and fieldwork must be taken simultaneously. Open only to J.D. students. Enrollment limited to four. J.K. Peters and H.V. Zonana

In-House Lawyering: Ethics and Professional Responsibility (20123) 3 units. This course will provide an introduction to identifying, analyzing, and resolving (or at least mitigating) ethical challenges and professional responsibility issues. The challenges that corporate (or “in-house”) counsel face will be the primary context because corporate counsel, as opposed to attorneys operating within a law firm or a government agency, generally must identify and resolve ethical issues with limited external support. This course will be a thematic weekly seminar, with each class generally being dedicated to a specific issue or representational situation. Guest lecturers will occasionally supplement class discussion. There will be no foundational text, but students will need to purchase a bound copy of the ABA model rules and the Restatement. The readings for the course will be published opinions, law journal articles, and articles from the popular media (which will be available on the Internet or through Westlaw/Lexis). Previous exposure to professional responsibility concepts (e.g., another ethics class or prior preparation for the MPRE) is useful but is by no means a prerequisite. Self-scheduled examination. Enrollment limited to thirty. B.T. Daly

[The] Institution and Practice of the Federal District Court (20673) 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 Web site, 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

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 Human Rights (20559) 2 units. This course will provide an introduction to international human rights law: it will examine its basic grammar, doctrines, and institutional processes. However, this field is witnessing the emergence of a “jus commune” in which both national and international jurisdictions and quasi-judicial instances influence each other. Therefore, comparative human rights law shall also form an important component of the course: the course will aim to identify the emerging consensus across human rights bodies on a variety of questions that concern both civil and political rights and economic, social, and cultural rights. The course will be divided into three parts. Part I is an introduction to the sources of the international law of human rights and to some problems of interpretation that arise as a result of the “self-contained” character of the human rights regime. Part II describes the substantive obligations of States under international human rights law. Part III is about institutions or “mechanisms of protection.” Scheduled examination. O. De Schutter

International Humanitarian Law (20677) 1 unit, credit/fail. This course will center around an intensive two-day workshop on September 30 and October 1 on international humanitarian law, led by the International Committee of the Red Cross (ICRC), together with the instructor. The workshop will offer a crash course in international humanitarian law, led by leading experts from the ICRC. The course is intended to offer students an opportunity to learn the basics of the law of armed conflict. Students are expected to attend the workshop, one pre-workshop class meeting, and one post-workshop meeting. In addition to attending all course meetings and reading assigned course materials, students will be expected to write one 1,200–1,500-word paper. O. Hathaway

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 and G. Aguilar-Alvarez

[The] Internet and U.S. National Security (20355) 2 units. This seminar will examine national security issues related to the Internet and digital communications, broadly conceived. The focus will be on the tensions between (1) U.S. operations (military, intelligence, economic), interests, security (including economic security), and regulation, as they relate to the Internet, and (2) foreign and global operations, interests, security, and regulation, as they relate to the Internet. Topics will include the impact of the Snowden revelations, international law related to electronic surveillance, national law enforcement and the Cloud, the territoriality of data, MLATs, the global element of the encryption debate, offensive cyber operations and international law, private regulation of global Internet issues (by, e.g., ICANN, IETF, and IT firms), and global financial regulation of Internet transmissions. The reading will be on the heavy side. Students will write eight 2–3-page reaction papers on the weeks of their choosing and, for an optional extra unit, a paper on a topic related to the seminar. Prerequisite: a course or seminar in national security law or international law or cybersecurity; or experience in a topic related to the class. Permission of the instructor required. Enrollment limited to twenty. J. Goldsmith

Islam and Democracy in the Modern Middle East (20484) 2 units. This seminar will study the development of regimes of government in Muslim countries since the nineteenth century. Focus will be on early constitutional movements, the rise of political Islam, the management of religion in various twentieth-century states, the Iranian revolution, and the growth of Salafi ideas, culminating in the ISIS “caliphate.” This course will meet according to the Yale College calendar. Paper required. Permission of the instructor required. Also PLSC 776a. A.F. March

Juvenile Justice Clinic (30133) and Fieldwork (30134) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students represent children and youth in juvenile cases in the Superior Court for Juvenile Matters courthouse on Whalley Avenue in New Haven. Students handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students learn how to build relationships with clients and their families, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for youth in court. Students also explore the legal framework governing the representation of youth in juvenile delinquency cases, including the rules of professional responsibility. Throughout, students are encouraged to think critically about the operation of the juvenile justice system and to reflect on opportunities for reform. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Because of the frequency of court appearances, students must keep two days each week (Tuesdays, Wednesdays, or Thursdays, 9 a.m.–1 p.m. and 2–4 p.m.) free from other obligations. Open only to J.D. students. Permission of the instructor required. Enrollment limited. T.R. Birckhead

Land Use (20415) 2 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 Cognition: Seminar (20227) 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

[The] Law and Policy of the Private Pension System (20551) 3 units. The private pension system now commands assets exceeding $13 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 twenty. J.H. Langbein

[The] Law and Technology of Cyber Conflict (20022) 3 units each term (6 units total). This new cross-disciplinary, yearlong course on cyber security will be taught jointly by faculty from the Law School and Computer Science department. The course is motivated by the conviction that the field of cyber security in general and the emerging subfield of cyber conflict are plagued by the failure of experts to talk across disciplinary divides. The first term will be a classroom seminar that will address the fundamental disconnect between the state of the law and the state of technology by engaging in a joint exercise of learning and teaching. Students and faculty will participate in a crash course on the relevant technology. The course assumes no prior technological or legal expertise and is aimed at building common knowledge and creating a community of shared terminology and inquiry. The second term will be a hands-on practicum in which students will write policy papers, develop the computational theory of cyber conflict, and/or design and prototype novel technology. These projects will be designed to address some of the critical research gaps that have hindered long-term development of effective policy and technological responses to cyber conflict, including issues such as cyber deterrence in operations short of war, corporate cyber espionage, cyber vandalism/ terrorism, international cyber regulation, and related free speech and privacy concerns. Specific project topics will be formulated based on the first term’s explorations and in consultation with policy makers who work on issues of cyber security. A yearlong (two-term) commitment is required. Paper or project required. Permission of instructors required. Enrollment limited to ten Law students. Also CPSC 510a. O. Hathaway, J. Feigenbaum, and S.J. Shapiro

Law and Technology Research Seminar (20090) 3 units. Research and writing on topics in law and technology. Topics to be arranged with the instructor. Students interested in registering for this course should submit topic statements to the professor. Paper required. Permission of the instructor required. Enrollment limited to six. A.K. Klevorick

[The] Legal and Political Economy of Hunger (20534) 2 units. The objectives of the course are to understand how governments have sought to combat hunger and malnutrition and to address the crisis of obesity and ill health by reforming food systems; why they have so dramatically failed; and how law and governance are relevant to what can be done about this. Students will discuss a range of topics linked in particular to the impact of globalization on the right to food, including international trade, investment in agriculture, the role of transnational corporations in the agrifood sector, and intellectual property rights in agriculture. The class will also address the threat of climate change to food security and the debate on the shift to sustainable agriculture, as well as the role of institutional mechanisms aimed at protecting the right to adequate food and the recent reform of global governance of food security. While the focus will be on hunger and undernourishment in developing countries, the seminar will also address the impact on the South of policies in the North (in the areas of agriculture, intellectual property rights, trade and investment, and food aid); and it will address the challenges of food-systems reform in rich countries. Paper required. Permission of the instructor required. Enrollment limited to twenty-five. O. De Schutter

Legal Assistance (30191) 3 units, credit/fail. A clinical seminar, using classroom, field work, and simulation experiences in the general area of legal assistance for the poor. Students will work eight to twelve hours per week in a local legal aid office and will attend weekly classroom sessions. The seminar will be practice-oriented, moving from developing solutions for specific client problems to general discussions of landlord-tenant, consumer, domestic relations, welfare, and other legal subjects of special concern to the urban poor, as well as issues of broader social policy. The seminar will also focus on the development of professional responsibility and lawyering skills, such as interviewing, negotiating, counseling, drafting, and litigation. A few placements for criminal defense work in state court will also be available. Enrollment limited to six to eight. F.X. Dineen

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 New Haven Legal Assistance Immigrant Rights Clinic (IRC) will represent immigrants and their organizations in court, before administrative agencies, and in the legislature. 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 can expect to work both on individual cases and on policy matters arising from needs in the community. Community partners will refer cases to the clinic, and no substantive area of law will be excluded from consideration. Enrollment limited to sixteen. 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; informal and formal fact investigation; and oral advocacy. Students will also have an opportunity to engage in systemic reform by conducting legal and policy research to identify avenues for broader reforms. During the first month of the term, class will meet Wednesday and Friday for substantive training. During the latter part of the term, class will meet Wednesday, and small group supervisions will be scheduled during the Friday time slot or other times to be arranged by participants. Permission of the instructors required. Enrollment limited to eight. 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 her or his experiences in legal employment or other practical professional training, acquired during the immediately prior summer recess, have influenced her or his understanding of the legal system, the legal profession, or other aspects of legal culture. Permission of the instructor required. Deputy Dean

Legislation (20066) 3 units. Most of Law School is focused on the common law, but statutory law comprises the vast majority of American law today, and cases involving how to interpret statutes form the basis of most modern legal practice. This course will introduce students to the legal doctrines and theories of statutory interpretation/legislation and will give students the tools to apply these principles and ideas to any area of statutory law. The course will utilize statutory cases across many fields—ranging from tax, to health, to discrimination, to national security—and so also will give students a small taste of many different areas of law. The primary focus will be on how the courts’ understandings of the legislative process—as well as courts’ understandings of their own role in that process—affect how judges interpret statutes. Students will learn the various “canons of interpretation” and will consider questions such as: When statutes are obsolete should courts update them or read them as written, leaving the updating to Congress? Can Congress dictate how its statutes are interpreted by courts? Are the doctrines of statutory interpretation “law” in the same sense that other legal doctrines are? And the class will explore the major battles in the statutory interpretation wars on the U.S. Supreme Court, most notably the battle between “textualists” and “purposivists.” Throughout, students will pay close attention to the intersection of law and politics, and how Congress and the legislative process work. The course will conclude with an introduction to how administrative law and the modern regulatory state intersect with the field of legislation. Scheduled examination. A.R. Gluck

Liman Project: Incarceration, Isolation, and Criminal Justice Reform (30172) 2 units. This project enables students, working in groups, to learn about the law of incarceration and to work on understanding facets of incarceration. One ongoing project involves studying how prisons use and regulate long-term isolation (sometimes called “solitary confinement,” or “restricted housing” or “administrative segregation”) and working on how to reduce the number of persons in isolation and the degrees of isolation for those in such placements. The Liman Program 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. 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. A third project focuses on prosecutorial misconduct and the challenges to meaningful accountability, examining these problems as they unfold in practice, including in the context of capital cases. The goals include research and reform. Students work in teams and meet regularly with supervisors, and, with permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. Writing is required, as the projects always involve reports, PowerPoint documents, and research memos. The projects usually span more than one term and have, on occasion, resulted in published articles. Permission of the instructors required. K. Bell, L. Fernandez, J. Resnik, 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 in the fall are expected to make a one-year commitment (both fall and spring terms). In addition, students enrolling in this course for the first time in fall 2016 must complete their one-year commitment in the course to receive professional responsibility credit. The ethics component of the clinic will be taught during the fall term. Permission of the instructors required. H.K. Gerken and T.M. Nardini

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. Permission of the instructors required. Enrollment limited to eighteen (combined with the advanced clinic). J.J. Silk, H.R. Metcalf, and A.S. Bjerregaard

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. Enrollment limited. Permission of the instructors required. D.A. Schulz and J.M. Balkin

Medical Legal Partnerships (20097) 1 to 3 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. Permission of the instructors required. A.R. Gluck and T. Ezer

Mortgage Foreclosure Litigation Clinic (30119) 2 or 3 units, credit/fail for students’ first term; students may opt into grading after the first term. Students in this clinical seminar will represent homeowners fighting foreclosure in Connecticut state and federal court. They will advise clients both inside and outside the courthouse and appear in court multiple times during the term through the clinic’s limited-scope representation program, Attorney for Short Calendar. Students will also have an ongoing caseload in which they will conduct motion practice and discovery, including legal research and writing, as well as represent clients in Connecticut foreclosure mediation. Clinic students also engage in novel affirmative litigation against the mortgage industry and engage in appellate work through direct representation in Connecticut and amicus work nationwide. Weekly seminars focus on case preparation, skill development, and housing policy (with an emphasis on discriminatory and abusive lending, as well as the government’s enabling of and response to such practices). Open only to J.D. students. Enrollment limited to twelve. J. Gentes

Native Peacemaking Seminar (30221) and Fieldwork (30224) 2 units for each component (4 units total). The seminar and fieldwork must be taken simultaneously. This seminar in Native Peacemaking will give students a unique opportunity to study and practice this indigenous form of conflict resolution, as well as to engage in meaningful Peacemaking-related project work for Native American tribes. Students will be introduced to Federal Indian Law with special emphasis on how federal laws impact tribal sovereignty, self-determination, and tribal dispute resolution. Students will also receive significant mediation skills training to introduce them to party-driven dispute resolution, and they will practice those skills in a series of exercises and role plays. After mediation skills training is complete, students will receive formal Peacemaking training and participate in Peacemaking Circles. No prerequisites. Permission of the instructor required. Enrollment limited to twelve. S.K. Watts

Open Government and Open Data Governance Innovation Clinic (30186) 3 units, credit/fail, with a graded option. The Open Government and Open Data Governance Innovation Clinic supports the strengthening of democratic institutions by using legal and technological innovations to transform how we govern. In this clinic, students will work with clients in government and other public institutions on projects designed to enable them to work more openly and collaboratively to make better decisions and solve public problems to improve people’s lives. The class’s mission is threefold: to help institutions innovate and become more effective at achieving their mission through the application of new technologies including big data and collective intelligence; to promote the public’s right to participate in governing in ways that tap people’s talents, creativity, and interests; and to empower twenty-first-century lawyers as problem solvers by developing new skills in governance innovation. Project required. Enrollment limited. B.S. Noveck

Organizational Law and Finance: Directed Research (20035) 2 or 3 units. Students enrolled in this course will independently craft a research project or identify a set of readings related to organizational law or finance. Topics may include corporate finance, securities regulation, the structure and regulation of investment funds, and the elements of corporate organization. Permission of the instructor required. Enrollment limited to six. J.D. Morley

The Past, Present, and Future of Global Climate Change: Law and Policy (20039) 2 or 3 units. This course will cover the international law and policy of global climate change, with a particular focus on the rules, institutions, and procedures of the 1992 United Nations Framework Convention on Climate Change and its protocols. The course will consider how the climate regime evolved over time and current debate regarding its future. The overall aim is to give students a broad understanding of the basic design features of the compliance regime, the fundamental policy choices/decisions that structure it, and key issues involved in its implementation both now and in the decades to come. Grades will be based on class participation and a paper (to be negotiated with the instructors). Non-Law students (graduate and undergraduate) may be admitted by permission of the instructors. Paper required. Permission of the instructors required. Enrollment limited to forty. H.H. Koh, D. Kysar, and T. Stern

[The] Philosophy of Law I (20308) 3 units. This course will examine a variety of historically influential responses to basic questions concerning the nature and legitimacy 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. This course is the first half of a two-course sequence that continues with Philosophy of Law II. Self-scheduled examination or paper option. Enrollment limited to seventeen Law students. Also PHIL 703a. G. Yaffe

Political Economy, Institutions, and Property in the Age of the American Revolution (20641) 2 units. A new generation of scholarship emphasizes the importance of political economy and institution building as central themes in the American founding and in subsequent American development. This course will examine the founding era through the lens of institutions, property, and debates over political economy. The course will cover institutions central to understanding the eighteenth-century political economy such as slavery, immigration, banking, imperial law, comparative constitutional development, courts, and credit markets. Readings and discussions will focus on both British imperial and early American contexts. Course grade will be based primarily on a research paper. Paper required. Enrollment capped at nine Law students. Also HIST 706a. C. Priest and S. Pincus

Problems in Legal Historiography (20678) 2 or 3 units. An intensive reading seminar designed for students doing advanced writing in legal history. The seminar will survey current trends in the theory of legal history, with an emphasis on the American experience and international law. Paper required. Students who wish to write a longer paper can earn 3 units. Permission of the instructor required. Enrollment limited to ten. Also HIST 757a. J.F. Witt

Professional Responsibility (20300) 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. This course is not available on a credit/fail basis. Scheduled examination. D. NeJaime

Property (20207) 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 eminent domain. The course combines legal and theoretical perspectives that are useful as a foundation for courses such as environmental law, intellectual property, and trusts and estates. Self-scheduled examination. 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. The course 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 twice weekly during the first seven to eight weeks of the term. Paper required; may be reflective (2 units) or research (3 units). Enrollment limited to eighteen. 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. The course shall do so on a comparative law basis. Students shall 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 shall 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. 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, before, during, and after trial. Federal placements are available in the United States Attorney’s Office in New Haven or in Bridgeport. The federal caseload is varied, from drug trafficking to securities fraud to civil rights to appellate work. The State’s Attorney’s Office in New Haven, which also has a varied but faster-paced docket, generally can take one or two student placements. Federal placement requires 168 hours for 3 credits, and state placement requires 112 hours for 2 credits. All students are required to attend weekly class sessions. These sessions are intended to cover the life of a criminal case, including the stages of investigation, charging, plea negotiation, trial, sentencing, appeal, and collateral attack. The class sessions will focus in depth on a handful of prosecutions as examples of the foregoing stages of a criminal case. The class sessions also aim to incorporate the perspectives of different players in the criminal justice system, including the U.S. Attorney, agents, public defenders, probation officers, and judges. Woven throughout these class sessions are discussions of ethics and professional responsibility. The course considers at significant length a prosecutor’s ethical obligations under the Constitution, rules of procedure, and Rules of Professional Ethics. Students will be required to keep track of the hours they have worked. Placement at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Student participation in the federal program is subject to successful clearance through a federal background check. Students also apply for placement at the State’s Attorney’s Office during the previous term. Although enrollment is limited and permission of the instructors is required, timing 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. Conflict check with LSO also is required. K. Stith, L. Brennan, and M. Silverman

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 limited to thirty. W.M. Reisman

Public Welfare Law (20430) 3 units. Few areas of law define a society’s values more clearly than welfare law. In addition to obvious humanitarian concerns cited when programs for low-income people are established, policy judgments in this area are inevitably tinged with attitudes about the distribution of wealth, race, gender, and the scope that should be allowed to personal autonomy. Recent events, including the virtual elimination of cash assistance for low-income families in much of the country and the Affordable Care Act, have fundamentally changed what is possible in social policy, how social welfare issues are discussed, and the functions of lawyers, social scientists, and policy makers. In this transformed landscape, this course will seek to discern persistent themes in social welfare law that provide insight into its future path. Self-scheduled examination or paper option. D.A. Super

Refugee and Immigration Law, Policy, and Practice in Crisis (20672) 1 unit. In recent months, competing responses from European countries toward the influx of Syrian refugees have deepened the crisis confronting the European Union, birthplace of the Geneva Convention. The moral standing of the United States is also at stake at its southern border, where Central American mothers and children seeking refuge have been met with policies and practices of family detention and have raised important questions regarding the definition of a refugee. In roughly the same moment, in the Dominican Republic, the Supreme Court has denaturalized tens of thousands of citizens of Haitian origin, forcing them into statelessness and exile. All are examples of the rising crisis of the international legal regime, which, since the Second World War, has tried to secure citizenship, guarantee an international status of refugee, and regulate immigration. With the input and insight of guest speakers, this workshop will examine the European and American responses to the Syrian refugee crisis, American law and policy with respect to the influx of Central American refugees, and the resumption of denationalization through the case of the Dominican Republic. Through these and other examples, we will envisage proposals for reform of the international citizenship, refugee, and immigration regime. This one-credit, graded course will meet seven times over the course of the term for two-hour sessions. Grading will be based upon class participation and a series of short written assignments to be completed throughout the term. Substantial Paper or Supervised Analytic Writing credit may also be available. Prior knowledge of immigration or refugee law is helpful but not required. Paper required. Enrollment limited. M.I. Ahmad and P. Weil

Regulation of Energy Extraction (20297) 2 or 3 units. This comparative risk course will explore the troubled intersection between energy and environmental policies. The course 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. Enrollment limited to thirty. E.D. Elliott

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

Reproductive Rights and Justice (20099) 2 units. Polling shows that Roe v. Wade is the most well-known Supreme Court case in American history. One reason this is so is that the battle over reproductive rights that began in earnest in the 1970s has never died down. The right to abortion remains at the center of multiple constitutional and political conflicts in this country; indeed, the right is more contested and controversial now than it was at the time Roe was decided. This seminar will examine the law and politics of the abortion question, with a particular eye toward understanding where we now stand with respect to this question and how we reached this point. Of course, conflict over reproductive rights is not simply about abortion. It encompasses questions about the regulation of sexuality, the family, and increasingly, reproductive technology, all of which the course will discuss. Though the class will examine legal doctrine in all of these areas, none of these areas can be understood exclusively in terms of legal doctrine. Current controversies in reproductive rights law are powerfully shaped by the political and social worlds in which they arise, so we will spend time talking about how law has interacted with culture to produce these controversies. The aim will be to understand how the legal doctrines and practical realities of reproductive rights interact with sex, race, religion, class, and party politics to shape some of the sharpest and most important legal and political conflicts of our time. Paper required. Enrollment limited. C. Franklin

Research Seminar on Taxation (20157) 2 units. Students will write papers on taxation on topics to be arranged with the instructor. Prerequisite: Federal Income Taxation or permission of the instructor. Paper required. Permission of the instructor required. Enrollment limited to eight. A.L. Alstott

[The] Robber Barons Reconsidered (20630) 3 units. The era of the Robber Barons refers to the period of great expansion of industry in the United States after the Civil War. The Robber Barons (Rockefeller, Carnegie, Mellon, among others) have been depicted as amassing immense wealth through questionable legal ventures, leading to the enactment of various forms of government regulation: the Interstate Commerce Act, the Sherman Antitrust Act and, as a result of the Great Depression, an alleged failure of capitalism related to the Robber Barons’ behavior, the Securities and Exchange Act as well as legislation regulating the national economy more broadly. The ambition of this course is to reevaluate the actions of the Robber Barons by means of modern law and economic analysis. The course will proceed by reading the principal Robber Baron history and then subjecting that history to modern analysis. Open only to J.D. students. Paper required. G.L. Priest

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 op-ed, and a final paper required. This course will follow the calendar of the Graduate School. Permission of the instructor required. Enrollment limited. Also CDE 585a/GLBL 529a. A.M. Miller

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

[The] State and Local Budget Crisis: Seminar (20292) 2 or 3 units. While the federal budget deficit has been falling for years, this decade has seen state and local government budgets face extreme amounts of stress. The most visible examples have been bankruptcies or defaults in jurisdictions like Detroit; Puerto Rico; Center Falls, Rhode Island; and Stockton, California. But many states and localities have made budget, pension, and health care promises that seem beyond their capacity to keep, and are further beset by gyrating revenue streams, increasing Medicaid costs, and federal budget cuts. The problems these jurisdictions face seem structural, not cyclical. The effect of these budget crises can be seen in crumbling infrastructure, reduced education spending, and in the way layoffs at the state and local level contributed substantially to the size and extent of unemployment following the Great Recession. This seminar will review the role of law and lawyers in causing, and potentially solving, the state and local budget crisis. Doing so will involve analyzing everything from municipal bankruptcy to state constitutional law to federal tax deductions. It will be co-taught by Richard Ravitch, whose career in government has spanned nearly fifty years, including playing a key role in the New York City fiscal crisis of the mid-1970s, and serving as Lieutenant Governor of New York and Chairman of the Metropolitan Transportation Authority. He also cochaired the State and Local Budget Crisis Task Force with Paul Volcker. There will also be a number of guest speakers to help sort through the complex and fascinating legal and policy problems posed by this ongoing crisis. The course has a 3-credit option for students who want to write extended papers. Paper required. Enrollment limited to fifteen. D.N. Schleicher and R. Ravitch

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. Permission of the instructors required. Enrollment limited to twelve. L. Greenhouse, P. Hughes, M. Kimberly, A.J. Pincus, and C.A. Rothfeld

Taxation, the Law, and Economic Inequality (20474) 2 units. In this course, we will try to rewrite the playbook of economic analysis of the law, which has long been focused on efficiency even as demand has risen across the political spectrum to address income inequality. Though the class will discuss applications, the focus of the course’s readings and class time will be the methodology of policy design and analysis. But the goal of the course will not be to talk about how to do economic analysis of the law considering income inequality but rather to actually do such analysis and write a paper applying the course material to some part of the law, using the lawyer’s unique combination of institutional knowledge and pluralistic normative commitments. The course will build economic analysis of the law from the ground up, starting with the trade-off between equity and efficiency, and consider a variety of normative perspectives on income inequality, including those driven by advances in behavioral economics. It will then turn to income taxation, the standard response to income inequality, and then to the arguments for and against using other parts of the law to address income inequality. The class will then discuss how economic analysis of the law could optimally address (or not address) income inequality, taking into account issues of economic incidence and political economy. Finally, it will discuss various applications and proposals for addressing income inequality. Some basic knowledge of economics will be assumed. Paper required. Permission of the instructor required. Enrollment limited to twelve. Z.D. Liscow

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

Theories of Statutory Interpretation: Seminar (20588) 2 to 4 units. This seminar will focus on recent theoretical and doctrinal work on matters of statutory interpretation. Authors will often present their own work; students in the seminar will research and write reaction papers (2 units) or an original paper (3 or 4 units). Prerequisite: Legislation or Introduction to the Regulatory State. Paper encouraged. Enrollment limited to fifteen. W.N. Eskridge, Jr.

Topics in Behavioral Law and Economics (20649) 2 units. This course will explore a range of issues at the intersection of law and human behavior, including people’s conduct under risk and uncertainty; the commitment to fairness; social influences; adaptation; subjective well-being; and implicit bias. Some discussion will be devoted to the uses and limits of paternalism and to the ability of the legal system to accommodate and respond to what we know about human behavior. The course materials will consist of articles from the social science and legal literatures. Paper required. Students wishing to engage in more sustained writing may complete either their Supervised Analytic Writing requirement (in which case the course should be taken for 4 rather than 2 units) or the Substantial Paper requirement (in which case the course should be taken for 3 rather than 2 units). Enrollment limited. C. Jolls

Topics in Law and Psychology (20339) 3 units. This seminar is an introduction to areas of overlap between the field of psychology and law. It will touch upon the key areas of interface, including forensic science; eyewitness identification, lie detection, interrogation, decision making by judges and juries; issues of explicit and implicit racism/sexism; violence in the media; and the psychology of consent. For each class, two or three students will write a short position paper (1 or 2 pages) on the readings for that week. In some cases, there are several topics covered, and students can choose the one they want to write about. Each student will then give a brief presentation of the position paper at the beginning of the class. A 20–30-page paper on some topic of the material is an option. Self-scheduled examination or paper option. Also PSYC 626a. T.R. Tyler

Transnational Corporations and Human Rights (20648) 3 units. Apple’s use of child labor; Goldcorp’s operations in Guatemala; the complicity of Dow Chemical/Union Carbide in the Bhopal chemical disaster; Shell’s involvement in the executions of activists protesting the company’s environmental and development policies in Nigeria. These are just a few examples of alleged corporate malfeasance that have emerged on the international stage. 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 (eight YLS students and seven SOM students). Also MGT 661a. A. Dhir

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

Urban Legal History: The Development of New Haven (20264) 3 units. Under what conditions do residents of a city succeed in cooperating to mutual advantage? This seminar will explore this question by focusing on the physical development of New Haven from 1638 to the present. Readings and class sessions will address, among other topics, colonial land allotments and the initial Nine Squares layout; private subdivisions, such as the one on Hillhouse Avenue; land assembly by Yale and others; the street network, the Green, and other public lands; the provision of public works such as the Farmington Canal, and of public goods such as water supply and street car service; and evolving controls on building quality and land use. Special attention will be given to New Haven’s nationally conspicuous efforts, since 1940, to provide public housing, renew neighborhoods, and nurture a nonprofit housing sector. Paper required. To receive credit for satisfying the Supervised Analytic Writing requirement, a student must devote two terms to the paper. Enrollment limited to fourteen. R.C. Ellickson

Wills, Trusts, and Estates (20424) 3 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. Self-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 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 and 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. Enrollment limited. Permission of the instructors required. M.I. Ahmad, R. Loyo, and M. Orihuela

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Spring Term

Advanced Courses

Addiction and the Law: Perspectives from Philosophy, Economics, and Neuroscience (21779) 2 units. This course will concern the bearing of addiction on various forms of treatment under the law, including but not limited to the criminal liability of addicts. The course will address this broad set of issues through consideration of the import for the law of philosophical, economic, and neuroscientific conceptions of the nature of addiction. Paper required. Enrollment limited to fifteen. Also PHIL 744b/PSYC 609b. G. Yaffe, A. Schwartz, M. Moore, and H. Kober

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 Advocacy for Children and Youth Clinic: Fieldwork (30138) 1 to 3 units, graded or credit/fail, at student option. A fieldwork-only option. Prerequisites: Advocacy for Children and Youth Clinic: Seminar and Fieldwork. Permission of the instructor required. J.K. Peters

Advanced Advocacy for Children and Youth Clinic: Seminar (30102) 1 unit, credit/fail. Open only to students who have completed Advocacy for Children and Youth Clinic: Seminar and Fieldwork. Permission of the instructor required. J.K. Peters

Advanced Appellate Litigation Project (30200) 5 units (3 fall, 2 spring), graded. Open only to students who have completed the fall-term section of Appellate Litigation Project. Permission of the instructors required. S.B. Duke, B.M. Daniels, and T. Dooley

Advanced Community and Economic Development: Fieldwork (30132) 1 to 3 units, graded. Open only to students who have completed the Community and Economic Development Clinic. Permission of the instructors required. A.S. Lemar, J.H. Brown, and C.F. Muckenfuss III

Advanced Community and Economic Development Clinic: Seminar (30104) 1 unit, credit/fail. Open only to students who have completed the Community and Economic Development Clinic. Permission of the instructors required. A.S. Lemar, J.H. Brown, C.F. Muckenfuss III

Advanced Education Adequacy Project (30163) 1 to 3 units. Open only to students who have completed Education Adequacy Project. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and A.T. Taubes

Advanced Environmental Protection Clinic: Policy and Advocacy (30165) 1 to 4 units. Open only to students who have successfully completed the 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 Traversing the Legal Minefield, 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 instructor required. J.K. Peters

Advanced International Refugee Assistance Project (30171) 2 or 3 units. A fieldwork-only option. Prerequisite: Global Refugee Legal Assistance. 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). 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.” Guest speakers from the investment banking and corporate communities and from SOM will be invited for special sessions to present their perspectives on the IPO process and legal/business capital markets issues more generally. 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. This 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 Clinic: Immigrant Rights: Fieldwork (30203) 1 to 4 units, credit/fail, with a graded option. Open only to students who have completed Legal Assistance: Immigrant Rights Clinic. Open only to J.D. students. 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 (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 the other course requirements. Students who wish to qualify for a third unit will need to write a paper, in addition to the other course requirements. This course will be taught in two sections. R.D. Harrison, J.G. Krishnaswami, and J.B. Nann

Advanced Legal Services for Immigrant Communities (30117) 1 to 3 units, credit/fail. Open only to students who have taken Legal Services for Immigrant Communities. Open only to J.D. students. Permission of the instructor required. S. Wizner

Advanced Legal Writing (21343) 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. 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 the Lowenstein International Human Rights Clinic. Permission of the instructors required. H.R. Metcalf and A.S. Bjerregaard

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

Advanced Supreme Court Advocacy (30181) 4 units (2 fall, 2 spring). Open only to students who were enrolled in this course during the fall term. 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. A fieldwork-only option. Prerequisite: Veterans Legal Services Clinic. Permission of the instructors required. M.J. Wishnie, M.R. Kuzma, M.E. Lado, and A. Wenzloff

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

Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork (30130) 1 to 4 units, graded or credit/fail, at student option. A fieldwork-only option. 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. Prerequisite: Worker and Immigrant Rights Advocacy Clinic. Students must also enroll in Advanced Worker and Immigrant Rights Advocacy Clinic: Fieldwork. Permission of the instructors required. M.I. Ahmad, R. Loyo, M. Orihuela, and M.J. Wishnie

Advocacy for Children and Youth Clinic: Seminar (30101) and Fieldwork (30137) 2 units, credit/fail, for each part (4 units total). Students in this clinic will represent children and youth in abuse, neglect, uncared for, and potentially termination of parental rights cases in the Superior Court for Juvenile Matters and certain related matters. Class sessions will focus on substantive law, ethical issues arising from the representation of children and youth in the relevant contexts, interviewing and lawyering competencies, case discussions, and background materials relating to state intervention into the family. The seminar will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Casework will require, on average, ten to twelve hours weekly, but time demands will fluctuate over the course of the term; class time will be concentrated in the first half of the term. The clinical seminar and fieldwork must be taken simultaneously. Open only to J.D. students. Enrollment limited to four. J.K. Peters

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

[The] American Law of Slavery (21483) 2 or 3 units. Enslavement in the American South was enabled in part by statutes, but much more by interaction of the “peculiar institution” with the existing principles of common law and rules of evidence and procedure. The class will study all of these as we seek to understand the legal regime under which it was possible to have ownership rights in what Aristotle called “thinking property.” The purpose is to gain an appreciation of the actual interaction of law with the day-to-day practice of owners and the lives of those they enslaved. In addition to completing a paper or taking an examination, each student will take part in an in-class presentation on the way that the existence of slavery interacted with a particular common law rule. Scheduled examination or paper option. S.L. Carter

American Legal History (21063) 3 units. This course will examine the foundations of the American legal, political, and economic order from the colonial period through the early twentieth century. Students will analyze the emergence of American property law, slavery, women’s legal history, intellectual property, and corporate law as well as federalism, the Constitution, and judicial review. The course readings will consist of contemporary sources, recently published works, and classics in the field. The course will support independent student research with a paper requirement. Students who write longer papers may take the course for an additional credit. Paper required. Also HIST 761b. C. Priest

Antitrust (21068) 4 units. This course will survey the law and economics of antitrust, including horizontal agreements, monopolization, and vertical arrangements. The course will presume students to have no training in economics, but it will aspire to remain of interest to students with substantial economics backgrounds. Self-scheduled examination or paper option. G.L. Priest

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

Bureaucracy (21761) 2 units. One of the primary tasks of modern American lawyers is to influence the exercise of bureaucratic power. Further, lawyers in America are often called upon to serve in, or to help design, bureaucratic agencies. The agenda for this seminar is to discuss leading works on government administration—some classic and some cutting-edge—from political science, sociology, law, and other disciplines. The kinds of questions we will ask include: Why do some bureaucracies inspire respect and admiration, while others inspire disdain, hatred, and resistance? Why are bureaucrats highly responsive to some stakeholders and callously indifferent to others? What kinds of people self-select into government jobs—and what kinds of opportunities, dangers, and biases result from that self-selection? What are the most effective strategies for getting the attention of a bureaucracy—and getting it to change its ways? Should bureaucrats be understood as the servants and agents of politicians, or as politicians in their own right? Does bureaucratic organization embody the rule of law, or threaten it? Do lawsuits against a bureaucracy have any effect on its behavior—and if so, do they make things better or worse? 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 (21418) 4 units. This course will survey the law of business organizations with an emphasis on publicly traded corporations. The course will consider conflicts among shareholders and between shareholders and managers. The course will survey the powers and duties of boards of directors and controlling shareholders and will address basic elements of finance as well as mergers and acquisitions, proxy fights, and insider trading. The class will pay particular attention to Delaware corporate law. It will also consider aspects of the law of agency and partnership. Open only to Law students. Self-scheduled examination. J.D. Morley

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, the Equal Justice Initiative in Montgomery, Alabama, or Connecticut Public Defenders. 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 summer 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

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

Capitalism Film Society (21597) 2 units, credit/fail. Each week this class will review a film that deals with capitalism. Discussion will be held following the film. Each student will be required to submit a one-to-two-page response paper discussing each film. G.L. Priest

Children and the Law: Seminar (21387) 2 units. This seminar will examine the laws governing children’s lives separate and apart from laws governing adults or persons generally. The focus of study will be on children’s relationships with adults and with other children; adult responsibilities for children as well as children’s responsibilities for themselves; and the rights of both adults and children. Throughout we will give consideration to children’s developmental and psychological capacities, needs, and vulnerabilities. Topics will be organized in terms of six interrelated spheres of children’s experience: (1) children’s relationships with caregivers; (2) children’s protection from maltreatment; (3) children’s educational experiences; (4) children’s experiences in the criminal and juvenile justice systems; (5) children’s interactions with the market and civic life, as consumers, workers, and citizens; and (6) children’s peer relationships, including sexual relationships and the reproductive consequences that may flow from such relationships. Paper required. Enrollment capped at eighteen. A. Dailey

Chinese Law and Policy: Independent Research (21179) 1 to 3 units. Students will undertake independent research and writing related to legal and policy reform in China or U.S.-China relations. Paper required. Permission of the instructors required. P. Gewirtz, S.L. Han, J.P. Horsley, G. Webster, and R.D. Williams

Community and Economic Development Clinic (30103) and Fieldwork (30131) 2 units, credit/fail or graded, 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 in CED represent and partner with community organizations, nonprofits, community development financial institutions, neighborhood associations, and small foundations. These client organizations share an interest in promoting economic opportunity and socioeconomic mobility among low- and moderate-income people. Students will represent clients in a range of legal matters including formation and governance of for-profit, not-for-profit, and hybrid entities; negotiating and drafting contracts; developing employment and other policies; structuring real estate transactions; resolving zoning and environmental issues; providing tax advice; drafting and advocating for legislation; and appearing before administrative agencies. CED engages students in local work which can then be used to inform policy development at the local, state, and federal levels. Students will gain skills in client contact, contract drafting, transactional lawyering, legal research and writing, regulatory and legislative advocacy, administrative agency contact, and negotiation. The class seminar will meet once a week for two hours and once a week for one hour and will cover federal, state, and local policies affecting urban and suburban places; substantive law in tax, real estate development, and corporate governance; and transactional and regulatory lawyering skills, such as negotiating and drafting contracts. Each student will meet with faculty once a week for fieldwork supervision. The clinic is open to students from the Schools of Law, Management, Divinity, Forestry & Environmental Studies, Public Health, and Architecture with prior approval from a faculty member. Permission of the instructors required. Enrollment limited to eight. A.S. Lemar, J.H. Brown, and C.F. Muckenfuss III

Comparative Constitutional Law (21520) 2 units. This course will provide an overview of comparative constitutional law, through reading and discussion of recent scholarship that has helped to define the subject. The emphasis will be on bringing together (1) the main theories of constitutionalism, and critical responses that they triggered; (2) diverse regions that have been the scene of constitution making in recent decades (Central and Eastern Europe, East Asia, South Africa, Latin and South America), in comparison with more “consolidated” constitutional systems (United States, Western Europe, Australia); and (3) some of the main dimensions of constitutionalism, 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. It will then analyze competitive behaviors that courts and agencies have determined form the boundary for legality under antitrust law. The class will start with cartels, continue on to mergers, and spend the second half of the term on unilateral conduct (monopolization). Students will learn the economics underlying the strategies chosen by firms and analytical methods needed to assess their impact on competition. They will discuss the evidence and arguments that have been used to determine liability. The course will cover mainly the goals and procedures of the United States but also the EU antitrust agencies. It will welcome a few guests over 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. To a large extent, students will learn by doing; each student will write two briefs and argue those two issues in class. Those briefs will be posted on YLS:Inside and will constitute a part of the weekly reading assignment for the course. Supplemental readings consisting of Supreme Court and Second Circuit decisions will also be assigned weekly. The class will be organized into four “law firms” of five students each. Ten of the class sessions will be designated as argument days. Each law firm must assign one student to write a memorandum of law in support of the position (motion or opposition) assigned to the firm and then to argue that position in class. Each student must handle two such assignments over the course of the term. The briefs and arguments will be based on problems written for this class; there is no casebook for the course. The arguments and related discussions will address issues that impact complex civil cases, including: assembling the right parties (joinder, necessary parties), establishing personal jurisdiction through indirect contacts (Internet, agency), forum selection (transfer, forum non conveniens), heightened pleading standards (Twombly, PSLRA), discovery in complex cases (electronic discovery, privilege), stays or abstention in favor of related litigation (Colorado River, Rooker-Feldman), multi-district litigation, class action procedures and limitations (class arbitration, CAFA, SLUSA), interlocutory appeals, sanctions, judicial disqualification, and attorneys’ fees. Grading will be based principally on the two papers (briefs) submitted by each student. Oral arguments and class discussion will also count. There will be no examination. Substantial Paper credit available. Permission of the instructor required. Enrollment capped at twenty. S.R. Underhill

Compliance: Legal Practicum (30220) 2 units. Lawyers increasingly are expected to guide organizations to identify, assess, and comply with legal requirements and demonstrate risk management and governance. At the same time, legal mandates require organizations to protect whistleblowers, while enforcement guidelines induce organizations to self-report violations. In short, compliance constitutes an increasingly dynamic and challenging field for lawyers, one demanding the ability to understand the separate perspectives of regulators, business leaders, consumers, and employees. This course explores the legal, ethical, and policy foundations of compliance: the effort to translate statutory mandates into compliant organizational and individual behavior. This course seeks to meet three objectives: (1) enable students to identify and proactively address potential compliance issues; (2) develop the practical problem-solving skills needed to respond to compliance failures; and (3) provide students with the theoretical and practical tools necessary to advocate on behalf of a company under investigation for a regulatory violation. To achieve this objective, the course employs both simulations and practical case studies, working directly with organizations in the nonprofit/public service sectors; the course thus is particularly well-suited for students interested in those sectors, as well as start-up and in-house counsel careers. Enrollment limited to twelve to sixteen. G. Garrity-Rokous

Conservative Critiques of the Administrative State (21719) 2 or 3 units. According to some conservative scholars, American 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. Enrollment capped at twenty. E.D. Elliott

[The] Constitution: Philosophy, History, and Law (21046) 4 units. An inquiry into the foundations of the American Constitution, at its founding and at critical moments in its historical transformation—most notably in response to the Civil War, the Great Depression, and the Civil Rights Movement. Philosophically speaking, do we still live under the Constitution founded by the Federalists, or are we inhabitants of the Second or Third or Nth Republic? Institutionally, in what ways are the patterns of modern American government similar to, and different from, those in post-Revolutionary (1787–1860) and post-Civil War (1868–1932) America? Legally, what is or was the role of constitutional law in the organization of each of these historical regimes? Through asking and answering these questions, the course will try to gain a critical perspective on the effort by the present Supreme Court to create a new constitutional regime for the twenty-first century. Self-scheduled examination or paper option. Also PLSC 842b. B. Ackerman

[The] Constitution of the Family: Emerging Issues (21778) 2 or 3 units. This course will examine constitutional law concerning reproduction and the family. How does the law protect and support decisions about parenting and family care, in and out of marriage? What competing understandings of liberty, equality, and the role of government shape judgments in this field? On what beliefs about biology, family, and community do these judgments rest? How might the law better take account of inequalities based on gender/sexuality/race/class? The course will address topics including: pregnancy and child care in the workplace, abortion, same-sex marriage and parental rights, the nonmarital family. The class will focus on constitutional law with some coverage of related bodies of civil rights law. Self-scheduled examination or paper option with permission of the instructors. R.B. Siegel and L. Greenhouse

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.

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. Recent examples include Volkswagen, Valeant, FIFA, Chipotle, and Deflategate. The scale can range from an existential threat, such as BP’s oil spill, to a more minor reputational crisis, such as Lululemon’s recall. 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 Taxation (21524) 4 units. The United States has a “classical” or two-level corporate tax system, which aims to tax corporate income twice: once when earned at the corporate level and again when distributed to individual shareholders. This corporate “double tax” is problematic because its policy rationale is thin and its implementation is tricky. This course will focus on both the policy and the technical aspects of taxing corporations. On the policy side, it will consider current and past proposals to integrate the corporate tax with the individual income tax. On the technical side, it will consider the tax problems that arise when corporations engage in transactions with their shareholders or with other corporations, including contributions, distributions, and reorganizations. Open only to J.D. students. Prerequisite: Federal Income Taxation. Short paper required. Self-scheduled examination. A.L. Alstott

Corruption, Economic Development, and Democracy (21042) 2 or 3 units. A seminar on the link between political and bureaucratic institutions, on the one hand, and economic development, on the other. A particular focus will be the impact of corruption on development and the establishment of democratic government. Paper (2 or 3 units) or self-scheduled examination (2 units). Enrollment limited to ten Law students. Also PLSC 714b. S. Rose-Ackerman

Courts and the State (21694) 2 units. The course will focus on legal and political science scholarship seeking to understand and evaluate courts’ relationship to other institutions and actors, commonly referred to as “external” sources of influence on judicial institutions, behavior, and policy making. Sources of influence considered will be public opinion, elections, interest groups, political parties, executives, and legislatures. The focus of readings is on the United States, but some cross-national comparative work will be considered. The primary but not exclusive emphasis is on readings from institutionalist perspectives, both historical and rational choice. Multiple short papers required. Enrollment capped at fifteen. S. Farhang

Criminal Justice Reform: Theory and Research in Action (30182) 3 units, credit/fail. We are at a pivotal moment with respect to American policing (and arguably the U.S. criminal justice system more generally). Police shootings in Ferguson, North Charleston, Cleveland, and Cincinnati—as well as the death of Eric Garner after police put him in a chokehold in Staten Island and the death of Freddie Gray after he was transported in a police van in Baltimore—have brought national attention to the questions of how police should do their jobs and even how that job should be defined. Perhaps at no point since the 1960s, when the Kerner Commission wrote an influential report on American policing following a period of widespread urban unrest, have long-held assumptions about the purposes and methods of policing been called so deeply into question. Academics and researchers can and should be a part of the conversation about how to make policing (and all of the components of criminal justice operation) simultaneously more effective, just, and democratic. Participants in this workshop will explore theories (procedural justice, legitimacy, social network analysis, implicit bias, among others) and empirical findings that are being marshaled to rethink the function and form of policing. They will also engage in research projects and public policy advocacy that aim to give these ideas practical effect. The course’s immodest goal is that participants should have an opportunity to help define the face of American policing in the twenty-first century. The class meets weekly; preparation for and attendance at these discussions are required for credit. If you need to miss a class, please be in touch with the instructors in advance of the meeting. Students missing more than two sessions without permission will not receive credit. Graded credit may be available to students who wish to write papers (including Substantial Papers and Supervised Analytic Writing papers) in connection with this course. Permission of the instructors required. Enrollment limited. T.L. Meares, T.R. Tyler, and M. Quattlebaum

Criminal Law (21525) 3 units. An introduction to criminal law. Topics to be considered in detail include the law of homicide; the problem of intent and of criminal responsibility for unintended acts; the law of rape; the special constitutional requirements applicable to criminal law; and the insanity defense. 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. Permission of the instructor required. Scheduled examination. Enrollment limited to fifty. J. Rubenfeld

Criminal Law and Administration (21303) 4 units. An introduction to criminal law and its underlying conceptual and moral structure, including theories of punishment, theories as to the proper reach of criminal legislation, the requisites of prima facie criminal responsibility, the defenses to liability, inchoate and group crimes, and the roles of legislature and courts in defining and prosecuting crime. 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. M.S. Moore

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: Investigation is not a prerequisite. Scheduled examination. S.B. Duke

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

[The] Development of the Western Legal Tradition (21220) 4 units. This course will examine the rise and spread of the Western legal tradition, especially in the cultural centers of continental Europe. Topics discussed will include the development of the learned legal traditions of Roman and Canon law; the separation of law from religion in the Western world; relations between city and countryside; and the structures and eventual breakdown of social hierarchy. The course will also give some attention to the spread of Western legal forms and practices into Latin America and Asia. Self-scheduled examination or paper option. J.Q. Whitman

Drafting and Negotiating Merger and Acquisition Transactions (30216) 2 units. The class will focus on understanding the structure and basic provisions of an acquisition agreement, highlighting the differences between the ABA Model agreement and “real-world” agreements. The class will focus on drafting and negotiation skills, and students will practice drafting skills by working with a hypothetical purchase agreement. Students will then be divided into Buyer and Seller teams and participate in a simulated negotiation for the hypothetical transaction. Students will be guided by experienced M&A practitioners and investment bankers who will serve as guest coaches for the simulated negotiation. Preference given to J.D. students. Enrollment limited to sixteen. S.S. Adler and M.L. Gibson

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

Due Process and Equal Protection: Advanced Constitutional Law (21145) 3 units. This advanced constitutional law course will examine in greater depth the two clauses of the Fourteenth Amendment that have played a central role in many of the most hotly contested legal, political, and social disputes in the United States. This course will briefly examine the early development of the Constitution’s liberty guarantee and consider how it has evolved in more recent times in cases involving, among other things, abortion, gay rights, and the right to die. It will likewise examine the development of the Constitution’s equal protection guarantee, primarily in cases involving race, sex, and sexual orientation discrimination and issues such as school integration, affirmative action, reproductive rights, and same-sex marriage. As we study these two lines of cases, we will consider how the meaning of the Constitution’s liberty and equality guarantees has changed over time, and how lawyers and judges do—or should—apply these constitutional provisions to some of the most pressing legal controversies of the twenty-first century. Scheduled examination. C. Franklin

Education Adequacy Project (30162) 3 units. The Education Adequacy Project (EAP) provides a unique opportunity for students to participate in and help lead institutional reform litigation. The EAP pursues a single complex lawsuit to ensure the State of Connecticut provides all Connecticut children with adequate and equitable educations. Students work with attorneys at Debevoise & Plimpton as well as local counsel in an integrated team. A four-month trial took place in the spring of 2016, and as of this writing it is anticipated that the case will be in the post-trial or appellate stages during the spring term. Students have to date played a significant role in determining the case’s litigation strategy. Class time is devoted to litigation strategy and discussion with supervising attorneys; training in litigation skills; and internal clinic logistics. New students should be aware that the long trial and years of pretrial proceedings have created a massive record, and it will be difficult to become familiar with the case. However, the clinic will accept a limited number of new students if they are exceptionally interested and eager to participate. Permission of the instructors required. D.N. Rosen, A.A. Knopp, J.P. Moodhe, and A.T. Taubes

Election Law (21567) 3 units. This course will survey the law governing the American political process. It will examine the constitutional and statutory regimes that regulate our political institutions, the underlying principles that animate these regimes, and their dynamic interaction with contemporary politics. The topics will include the individual right to participate, one-person-one-vote, the Voting Rights Act, political and racial gerrymandering, the regulation of political parties, and campaign finance. Scheduled examination. J.R. Fishkin

Employment and Labor Law (21136) 3 units. This course will explore the major legal issues in the employment relationship. Topics include the Fair Labor Standards Act; collective organization of workers and other issues under the National Labor Relations Act; alternative processes for union organization in recent decades; legal rules governing workplace safety and health and major employee “fringe benefit” programs (pensions and health insurance); free speech rights of employees; legal rules governing genetic screening, drug testing, and other testing of employees; mandatory arbitration of employment disputes; unemployment insurance; the legal treatment of employee non-compete agreements; the Family and Medical Leave Act; and prohibitions on employment discrimination on the basis of race and other traits. The written work required for the course will be four four-page analytic essays, due over the course of the term, on the course concepts and materials, 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 rather than 3 units) or the Substantial Paper requirement. Paper required. Enrollment limited. C. Jolls

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

Environmental Protection Clinic: Environmental Justice and Practice at the Intersection of Civil Rights and the Environment (30187) 4 units. The clinic’s work will include cases and advocacy projects to enforce civil rights in the environmental context, working with clients to develop legal and advocacy strategies to reform EPA’s civil rights compliance and enforcement program and to address issues of environmental injustice in particular communities. Students will work in teams under faculty supervision and take responsibility for litigation and advocacy. Their activities will include the following: working directly with clients, co-counsel, opposing counsel, allies, environmental agencies, and EPA; developing case records by conducting factual investigation and working with experts; legal analysis, memos, pleadings, and drafting other legal documents (such as public disclosure requests, comments on federal rules, etc.); representation of clients; and negotiations and settlement. 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 New England. 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 weekly one-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. M.E. Lado

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

Equal Opportunity Law: Seminar (21775) 2 units. This writing seminar will examine the efforts of the American legal system to promote equal opportunity in a variety of domains: in particular, education, housing, and employment. The class will begin by asking the deceptively simple question, “What is equal opportunity?” It will examine some of the competing answers to this question that both legal scholars and political theorists have proposed and defended. Over the course of the term, students will examine how our legal system applies different versions of the idea of equal opportunity to a series of practical policy problems, from hiring criteria to residential segregation, from school integration to affirmative action in higher education. Ultimately, the project is to understand both the power and the limits of law as a tool for promoting equal opportunity. There will be very short (one-page) reading responses due each week, in addition to the final paper, which may be on any topic related to equal opportunity, whether or not in the context of education, housing, or employment. Paper required. Enrollment limited. J.R. Fishkin

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

Ethics Bureau at Yale: Pro Bono Professional Responsibility Advice and Advocacy (30166) 3 units. The work of the Bureau consists of four major components. First, the Bureau provides ethics counseling for pro bono organizations such as legal services offices, public defenders, and other NGOs. Second, the Bureau prepares standard-of-care opinions relating to the conduct of lawyers, prosecutors, and judges that are required in cases alleging ineffective assistance of counsel and other challenges to lawyer conduct. Third, from time to time, the Yale Ethics Bureau provides assistance to amici curiae, typically bar associations or ethics professors, on questions of professional responsibility in cases in which such issues are front and center. Fourth, the Bureau provides ethics opinions for the National Association of Public Defenders, position papers for various American Bar Association entities, articles for law reviews and other publications, and editorials on topics of current interest. The fifteen 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 the instructor’s ethics class. Open only to J.D. students. 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. The class will do some comparative work as well. Scheduled examination. S.L. Carter

Federal Courts (21210) 3 units. This course will look at the jurisdiction of the federal courts as established by Article III and congressional legislation, the relationship of the federal courts to the other branches of government, and the interplay of federal courts with the state judicial systems. It will include close consideration of the constitutional, statutory, and judge-made doctrines that shape the jurisdiction of the federal courts in our system of government, as well as the historical context from which these doctrines emerged. Particular attention will be paid to the constitutional principles of federalism and the separation of powers, and to competing views of the normative role of federal courts—and courts generally—in a liberal democracy. A series of topics relating to federal courts will be examined, including congressional control over federal court jurisdiction; the constitutionality of legislative courts and military tribunals; Supreme Court review of state court decisions; removal and federal habeas corpus; federal question jurisdiction; federal common law; sovereign immunity and the Eleventh Amendment; actions against state governments; and abstention doctrines. Throughout the course, consideration will be given to the role of federal courts in interpreting and applying international law. No credit/fail option. Scheduled examination. Enrollment capped at seventy-five. A. Dailey

Federal Courts and the Federal System (21002) 4 units. The federal courts play central roles in the American judicial system as well as in the overall operations of American government on local, state, and national levels. Their history has tracked the nation’s history; their practices and procedures have grown from that history; and the rules of law they articulated have helped shape that history. This course will examine the changing “law of the federal courts” and its relation to the political, social, economic, and ideological conflicts that have created contemporary America. It revolves around the fundamental constitutional principles of federalism and separation of powers, and it focuses on both the normatively proper and actually operative role of the national courts in American law and government. Among the broad topics it covers are the nature of the Article III judicial power, the lawmaking authority of the federal courts, the power of Congress over the national judicial system, the jurisdiction of the Supreme Court and the lower federal judiciary, the nature and scope of the Eleventh Amendment, statutory and other nonconstitutional limitations on federal judicial power, the role of international law in the American legal system, and the authority of the national courts to provide legal remedies against governmental wrongdoing. Beneath the rules, principles, and technicalities in all of those areas lie the most fundamental political struggles that have driven American national development since the founding. Class participation will be a factor in determining final grades. Scheduled examination. E.A. Purcell, Jr.

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

Federal Indian Law (21739) 3 units. This course will cover the basics of federal Indian law. It will not address the substantive content of tribal law. Tribal law is a specialized study arising from the exercise of the legal authority that the tribes retain. This course is designed to lay the groundwork for a deep understanding of what kinds of sovereignty Indian nations may exercise within the framework of our legal system. Normally, courses of this type begin with a historical exploration of the foundations of the relations between Indian and non-Indian peoples. Instead, the course will begin with questions that are current and sketch out, roughly, where we are now. It will build from the present back to the origins to see how the doctrines reflect the positive aspects of the legal expression of contact between Europe and the native nations of the Western hemisphere as well as the more malign aspects. The course will not neglect the history; it will prove critical for understanding the ways in which federal Indian law is sui generis in domestic jurisprudence, but we will see how that history is always haunted by the specter of colonialism, extra-legality, and finally international legal norms. Self-scheduled examination or paper option. G. Torres

Financial Markets and Corporate Law Clinic (30211) 3 units. The purpose of this clinic will be to introduce students to public policy debates in the regulatory context. The class will endeavor to apply public choice theory and modern theories in corporate finance to debates about the content of regulation and public policy. In this clinic, students and faculty will work collaboratively to generate actual comment letters as well as publishable academic research regarding proposed regulation by such institutions as the SEC, the Fed, the FDA, the Comptroller of the Currency, and others. In formulating policy statements, students will be encouraged to be cognizant of the value of markets and the need to improve the quality of public decision making in areas related to the regulation of corporate governance and capital markets. Open only to J.D. students. Paper required. Permission of the instructors required. Enrollment limited to twenty. J.R. Macey, G. Fleming, and B.L. Beirne

Financial Trading and Markets Regulation (21510) 2 units. This course will explore the ways in which financial institutions trade financial instruments and the patchwork of regulations to which this trading activity is subject. The primary focus of the class will be derivatives trading—specifically futures and swaps trading—and the change in trading regulation since the passage of the Dodd-Frank Act in 2010. The class will explore the legal structure around this trading and its application to real-world trading desks, including understanding how regulation affects business strategy and vice versa. Each student will write a paper and will present the paper idea to the class, with the ultimate goal of submitting the paper for publication in this area of increasing academic focus. No prerequisites. Enrollment limited to fifteen. G.D. Rosenberg

[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 or limited paper option. J.M. Balkin

[The] Foundations of Legal Scholarship (21757) 3 units. During the second term of the legal scholarship seminar, students will reflect on legal scholarship and present their own work to the group. Open only to Ph.D. in Law students and first-year J.S.D. students who completed Foundations of Legal Scholarship in fall 2016. Enrollment in this term of the seminar requires permission of the instructor. Paper required. Enrollment limited to eight. A.K. Klevorick

Global Health and Justice Practicum (30168) and Fieldwork (30169) 4 units (2 units for each component).This course will fuse didactic and experiential learning on critical topics at the intersection of public health, rights, and justice in the twenty-first century. Through a weekly seminar and real-world projects, students will develop the knowledge and tools to engage critically and constructively with contemporary global health issues. Students from different disciplines will work in teams on projects, typically with outside partners, to address key mediators of health in the United States and worldwide, with particular attention to concerns about health equity. Seminar readings and project approaches will draw from legal, public health, historical, anthropological, and other fields to introduce students to the multiple lenses through which health issues can be tackled, and to build their competence to work with colleagues in other disciplines around such interventions. Projects are selected with an eye toward the application of both public health and legal expertise, and students will be expected to reflect on ethics and methods in an interdisciplinary context. Students will work on projects in teams and be evaluated by their work product rather than a final exam. Students should be prepared to spend up to ten hours outside of class each week (on average) on their projects, and for possible travel (typically during spring break) depending on the project. Resources will be available for travel for students as needed. The course will be designed for a mix of public health students and law students, though select students from other disciplines may also be admitted. This course meets the YSPH OPHP practicum requirement for M.P.H. students. This course will meet according to the Law School calendar. Because the demand for the course is high, interviews may be conducted to select the final group of students for the practicum in mid-December, shortly after the application deadline. Note: The class may also establish special sessions and makeup sessions to accommodate the difference between schedules on the main campus and in the Law School. Law students accepted in the practicum section will also be enrolled in the fieldwork section. Both sections must be taken simultaneously. Permission of the instructors required. Enrollment limited to twelve. Also CDE 596b. A. Kapczynski, A.M. Miller, G. Gonsalves, and C. Ricardo

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

[The] History of Property Law (21780) 2 units. This seminar will investigate topics in the history of property law, focusing on East Asia and Western Europe. The aim of the seminar is to use the resources of history to address fundamental problems in the nature and justification of property rights. The topics discussed will include the Marxist tradition, the relationship between ownership and lordship, the decline of feudalism, the law of slavery, the role of property institutions in the creation of the modern global economy, theories of moral economy, and the rise of a single umbrella modern concept of “property” in place of the multiplicitous varieties of property that existed in the past. Paper required. Enrollment limited to fifteen. J.Q. Whitman and T. Zhang

Immigration Legal Services Clinic: Seminar (30113) and Fieldwork (30140) 2 units, graded or credit/fail, at student option, for each part (4 units total). The clinic specializes 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

[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. Self-scheduled examination. L. Greenhouse

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

International Business Transactions (21209) 4 units. An introduction to the formation, regulation, and global impact of international business transactions. The primary focus of the course will be on the legal and practical aspects of cross-border transactions, including the structuring, negotiation, and documentation of the relevant arrangements. A secondary focus will be on the broader economic, political, and social context and consequences of international business transactions. Case studies from Latin America, Asia, the former Soviet Union, and the Middle East will be used. Topics to be discussed include privatization, project finance, letters of credit, conflicts of law, extraterritoriality, sovereign debt restructuring, expropriation, corruption, and the relationships among markets, democracy, and “culture.” Permission of the instructor required. Paper required. Enrollment limited to seventy. A. Chua

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

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

Introduction to International and Transnational Law (21454) 4 units. The course will cover both the public and the private dimensions of international and transnational law. Among the topics to be studied are such public international topics as the law of treaties, customary international law, international legal institutions, and the use of force; transnational legal process (including dispute settlement, transnational litigation and transnational arbitration) and selected issues of “transnational legal substance,” including the Constitution and foreign affairs; international environmental law; international criminal law; and international business transactions. Scheduled examination. H.H. Koh

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.

Issues in American Foreign Policy (21626) 3 units. This seminar will examine current issues in American foreign policy. Much of the seminar will involve discussions led by the instructor as well as guest participation of leading scholars and practitioners in the foreign policy field. Each student will be expected to undertake a significant writing project to be determined in consultation with the instructor. Paper required. Permission of the instructor required. P. Gewirtz

Juvenile Justice Clinic (30133) and Fieldwork (30134) 2 units, credit/fail, with a graded option, for each part (4 units total). The clinic and fieldwork must be taken simultaneously. Students represent children and youth in juvenile cases in the Superior Court for Juvenile Matters courthouse on Whalley Avenue in New Haven. Students handle all aspects of their clients’ cases under the direct supervision of clinical faculty. Students learn how to build relationships with clients and their families, investigate and develop their cases, construct persuasive case theories, negotiate with opposing counsel, prepare motions and briefs, and advocate for youth in court. Students also explore the legal framework governing the representation of youth in juvenile delinquency cases, including the rules of professional responsibility. Throughout, students are encouraged to think critically about the operation of the juvenile justice system and to reflect on opportunities for reform. Class will meet weekly with occasional supplemental sessions to be arranged. Additionally, students will attend weekly case supervision sessions. Because of the frequency of court appearances, students must keep two days each week (Tuesdays, Wednesdays, or Thursdays, 9 a.m.–1 p.m. and 2–4 p.m.) free from other obligations. Open only to J.D. students. Permission of the instructor required. Enrollment limited. T.R. Birckhead

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. C. Jolls

Law, Environment, and Religion: A Communion of Subjects (21107) 2 or 3 units. This course will focus on the scholarship and practice of leading figures working at the intersection of law, environment, and religion, who will be brought to campus to participate in a discussion series that will form the core of the course. In preparation for these visits, teams of students will be assigned to study deeply the writing and actions of a designated speaker. Class sessions during this preparatory phase will resemble a traditional graduate seminar, with readings and discussion designed to stimulate engagement with the most challenging and vital questions facing the “communion” of law, environment, and religion. During the core phase of the course, speakers will interact with students in multiple ways. The central activity will be an in-depth interview led by members of the student team. Other students will conduct a podcast interview with the speaker at Yale’s audio recording studio; these podcast interviews, which are intended to engage the speaker in a more personal conversation about his or her life history, values, and worldviews, will be posted on Yale’s iTunes University site. One of the conceits of the academy is often that such subjective elements have little bearing on one’s intellectual work. As a result, too little attention is paid within the university to the role of family, community, religion, and other critical biographical factors in shaping one’s ideas. Permission of the instructors required. Enrollment limited to twenty-four, of which eight places are for Law students. Also F&ES 808b/REL 926b. D. Kysar, J.A. Grim, and M.E. Tucker

[The] Law and Economics of Corporate Control (21234) 3 units. This course, broadly speaking, will consider how the law regulating corporate governance, and the practices the law engenders, affect the market for corporate control. Topics will include the appropriate and actual role of boards and management as these affect merger and takeover activity; defensive tactics; shareholder rights; hedge fund activism; the role of private equity in the public company market; and executive compensation. Invited lawyers and investment bankers will present three recent deals that illustrate the concepts the course teaches. Readings will include cases, recent law and finance articles, and the deal materials. The course is co-taught by attorney Stephen Fraidin, who had been the senior corporate partner for M&A activity at Kirkland & Ellis and recently became vice chairman of Pershing Square Capital, a large hedge fund. The course grade will be based on an examination, or a paper option with permission of the instructors. Self-scheduled examination or paper option. Also MGT 664b. A. Schwartz and S. Fraidin

Law and Globalization (21508) 2 units. The Law and Globalization seminar is an ongoing Yale Law School colloquium series for the discussion of recent scholarly research on legal aspects of globalization, broadly conceived. The focus of the spring 2017 edition will be new research on sustainability issues, including energy, environment, the United Nations’ Sustainable Development Goals, and the tensions between trade liberalization and sustainability. After four introductory sessions that introduce these topics, we will host five scholars who will present works-in-progress on the law, policy, and politics of various issues at the globalization-sustainability interface. On off-weeks, students will read and discuss texts selected by our visitors in preparation for their presentations. Requirements include: (1) full participation in the seminar, including circulating two short (two-page) discussion papers on the scholarly works being presented; and (2) the writing of either one 25-to-30-page research paper on a topic relevant to globalization and sustainability or three 8-page essays responding to the papers being presented in the seminar. Students may earn additional credit if they wish to produce a major research paper. Paper required. Enrollment limited to fifteen (ten Law students). Also F&ES 845b. D.C. Esty

Law and Macroeconomics (21156) 1 to 3 units. This seminar will examine the interaction between law and macroeconomic fluctuations, with an emphasis on the “Great Recession.” Unlike conventional law and economics, the seminar assumes that aggregate demand plays an important role in determining output. Topics include regulation as a determinant of aggregate demand, the income tax code and government spending as determinants of aggregate demand, and Central Banks’ legal authority to conduct unconventional monetary policy. Students who write papers will earn additional units. Enrollment limited. Y. Listokin

[The] Law and Regulation of Banks and Other Financial Intermediaries (21171) 2 or 3 units. This course will begin with an overview of the legal and business environment in which banks and other financial intermediaries (investment banks, insurance companies) operate. The course will focus on the law, history, politics, and economics affecting firms engaged in businesses such as banking, insurance, investment banking, and mutual funds. Students will then discuss entry into the business of banking; the dual banking system; the shadow banking system; corporate governance of banks; activities restrictions and limitations on investments; the regulation of deposit taking; safety and soundness regulation and prudential restriction of bank activities; consumer protection and lender liability; mutual funds; consumer protection and capital requirements; insurance and securities powers of banks and non-banks; affiliations between banks and other companies; examination and enforcement issues; bank failure; and international banking. Particular attention will be paid to the recurring problem of financial crisis, to systemic risk, and to the Dodd-Frank Wall Street Reform and Consumer Protection Act provisions related to consumer protection and the resolution of failed banks. The concept of “Systemically Important Financial Institutions” and the “Volcker rule,” which purports to prohibit banks and bank holding companies from engaging in proprietary trading (trading with their own capital rather than on behalf of customers), will also be subjects of attention. There are no prerequisites for this course. Information about financial economics and accounting and market microstructure that may be necessary to understand the legal and policy concepts developed in the course will be taught as part of the course. Self-scheduled examination and short paper required for 3 units of credit, or self-scheduled examination only for 2 units of credit. J.R. Macey

[The] Law and Technology of Cyber Conflict (21022) 3 units. The second term of this yearlong course will be a hands-on practicum in which students will write policy papers, develop the computational theory of cyber conflict, or design and prototype novel technology. These projects will be designed to address some of the critical research gaps that have hindered long-term development of effective policy and technological responses to cyber conflict, including issues such as cyber deterrence in operations short of war, corporate cyber espionage, cyber vandalism/ terrorism, international cyber regulation, and related free speech and privacy concerns. Specific project topics will be formulated based on the first term’s explorations and in consultation with policy makers who work on issues of cyber security. Enrollment limited to twenty. Also CPSC 511b. O. Hathaway, J. Feigenbaum, and S.J. Shapiro

Legal Assistance (30191) 3 units, credit/fail. A clinical seminar, using classroom, field work, and simulation experiences in the general area of legal assistance for the poor. Students will work eight to twelve hours per week in a local legal aid office and will attend weekly classroom sessions. The seminar will be practice-oriented, moving from developing solutions for specific client problems to general discussions of landlord-tenant, consumer, domestic relations, welfare, and other legal subjects of special concern to the urban poor, as well as issues of broader social policy. The seminar will also focus on the development of professional responsibility and lawyering skills, such as interviewing, negotiating, counseling, drafting, and litigation. A few placements for criminal defense work in state court will also be available. Enrollment limited to six to eight. F.X. Dineen

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 New Haven Legal Assistance Immigrant Rights Clinic (IRC) will represent immigrants and their organizations in court, before administrative agencies, and in the legislature. 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 can expect to work both on individual cases and on policy matters arising from needs in the community. Community partners will refer cases to the clinic, and no substantive area of law will be excluded from consideration. Enrollment limited to sixteen. 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; informal and formal fact investigation; and oral advocacy. Students will also have an opportunity to engage in systemic reform by conducting legal and policy research to identify avenues for broader reforms. During the first month of the term, class will meet Wednesday and Friday for substantive training. During the latter part of the term, class will meet Wednesday, and small group supervisions will be scheduled during the Friday time slot or other times to be arranged by participants. Permission of the instructors required. Enrollment limited to eight. A. Eppler-Epstein and E.R. Shaffer

Legal Profession: Traversing the Ethical Minefield (21638) 3 units. Many law school courses make students better able to help clients fulfill their hopes and dreams. This course is designed to help students fulfill lawyers’ own professional obligations while also providing services to clients consistent with the fiduciary obligations to which they are entitled. Through the use of hypothetical problems grounded in the real world, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time 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. The class will use a casebook, Traversing the Ethical Minefield by Susan R. Martyn and Lawrence J. Fox (Wolters Kluwer Law & Business, 3d ed., 2013), and a standards book, The Law Governing Lawyers by Susan R. Martyn, Lawrence J. Fox, and W. Bradley Wendel (Wolters Kluwer, 2015). Class attendance and participation are essential. Scheduled examination. Enrollment capped at twenty-five. L.J. Fox

Legal Research in 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 United Nations 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 required. 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 first half of the term. R. Harrington, E. Ma, and T. Miguel-Stearns

Liman Project: Incarceration, Isolation, and Criminal Justice Reform (30172) 2 units, credit/fail, with a graded option. This project enables students, working in groups, to learn about the law of incarceration and to work on understanding facets of incarceration. One ongoing project involves studying how prisons use and regulate long-term isolation (sometimes called “solitary confinement,” or “restricted housing” or “administrative segregation”) and working on how to reduce the number of persons in isolation and the degrees of isolation for those in such placements. The Liman Program 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. 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. A third project focuses on prosecutorial misconduct and the challenges to meaningful accountability, examining these problems as they unfold in practice, including in the context of capital cases. The goals include research and reform. Students work in teams and meet regularly with supervisors, and, with permission, students may elect to write a related Supervised Analytic Writing or Substantial Paper for additional graded credit. Writing is required, as the projects always involve reports, PowerPoint documents, and research memos. The projects usually span more than one term and have, on occasion, resulted in published articles. Permission of the instructors required. K. Bell, L. Fernandez, J. Resnik, A. VanCleave

Liman Public Interest Workshop: Imprisoned (21534) 2 units, credit/fail, with a graded option. The number of people in jails and prisons rose substantially from the 1970s through the present, with some leveling off or modest declines in recent years in a few jurisdictions. More than two million persons are in jails or prisons. More than five million people are under supervision through probation, parole, and supervised release. Data from the Bureau of Justice Statistics reported that one in 107 American adults was behind bars, a rate roughly five times the worldwide average, and one in fifty was under some type of supervision. Incarceration does not have the same impact on all who live in the United States; race, gender, age, nationality, and ethnicity interact to affect the likelihood that one will be detained or have family and community members in detention. People of color are disproportionately in prison. In 2010, black men were six times as likely to be incarcerated as white men; African Americans and Latinos constituted more than 60 percent of people imprisoned. Participants in this workshop will explore the history of detention and imprisonment in the United States; the rise of detention facilities owned and operated by the private sector; the use of specific forms of detention such as solitary confinement and specialized supermax facilities; and growing concerns about the costs—dignitary, social, political, and financial—of the system now in use. Our sessions will address the law of prisons, the market for prisons, and the perspectives of those who direct prisons, who work in them, and who are detained by them. When doing so, the class will look at both U.S. and non-U.S. law—such as the 1933 Guidelines of the League of Nations, the European Prison Rules of the Council of Europe, and the 2015 U.N. Standard Minimum Rules for the Treatment of Prisoners (“Mandela Rules”)—statutes, and court decisions. Students will consider the degree of oversight that courts, legislatures, and other actors have in shaping the parameters of permissible sanctions, regulating conditions of confinement, and in crafting remedies for violations. Students participating credit/fail must choose four times during the term after the first two sessions to submit two-page reflections that offer comments on that week’s readings. Students who would like graded credit have two options: for 2 units of credit, students may write a responsive essay of no more than 3,000 words during the examination period; students who wish to completed a Supervised Analytic Writing paper or a Substantial Paper for 3 graded credits need to submit a proposal by the fifth week of the term and meet with instructors to determine its feasibility and then agree upon a research plan and schedule. K. Bell, J. Resnik, A. VanCleave, and A.T. Wall

Litigating Civil Actions: From Filing to Finality (30222) 4 units. This course will provide students with an overview of the skills that litigators need to handle a civil action in federal court from start to finish. The course will review five phases of a lawsuit. First, students will explore how to prepare a filing: for example, they will discuss how to interview clients, how to investigate a case before filing, and how to prepare a complaint. The second phase will explore pretrial activities such as answering a complaint; motions practice; communicating with opposing counsel; document discovery and other forms of discovery (such as physical inspections); how to take and defend depositions; and how to handle expert witnesses. The course’s third phase will discuss trial skills, including how to select jurors; prepare effective opening statements; examine, cross-examine, and reexamine witnesses; deliver successful closing statements; and prepare jury instructions. The class will also have brief discussions about mediation and settlement. The fourth phase of the course will explore the most famous post-trial activity: the appeal. This discussion will delve into the substance of appeals as well as the less glamorous parts of appellate practice, such as filing a notice of appeal, motions practice on appeal, and preparing a joint appendix for the appellate court. It will also have a very brief discussion of cert. petitions and Supreme Court practice. Finally, the course’s fifth phase will discuss important post-trial activities that are rarely explored within law schools, including motions for costs and enforcement of judgments. The course aspires to give students confidence that they could handle a civil action on their own. Scheduled examination or paper option. N. Messing

Litigation and Regulatory Implementation (21485) 2 units. The course will focus on litigation in the contemporary American legal system. Topics addressed will include explanations for the general shift in recent decades away from administrative regulation and enforcement and toward use of private litigation as a regulatory tool, the legal and policy implications of that trend, and contemporary efforts to retrench or remake the system. The course will examine these topics from a number of substantive and procedural angles using scholarship, case studies, and some case law. It will explore such disparate substantive areas of law as employment discrimination, securities regulation, qui tam lawsuits under the False Claims Act, and mass torts. The class will also discuss trans-substantive topics such as the class action device and private enforcement of public law (through regimes that deputize “private attorneys general”). The seminar will seek to integrate knowledge from a number of fields (law, political science, economics) to grapple with practical problems of institutional design. Multiple short papers required. Enrollment capped at fifteen. S. Farhang

Lobbying (21781) 1 unit. Law school focuses on advocacy within the court system; in contrast, lobbying, the often-maligned sibling of litigation, focuses on advocacy within legislatures and rulemaking bodies. But both litigation and lobbying, at their core, involve efforts to persuade governmental decision makers to achieve positive results for clients. And both, in their noblest forms, attempt to shape the law for the better. This course explores lobbying: it will focus on how lobbyists at both for-profit and nonprofit groups influence legislation, drawing on the insights of academic research, active lobbyists, and elected officials. The course will also discuss the history of the field, the professionalization of the field, the laws governing lobbyists, and other ways that lobbyists achieve their goals (such as launching public relations campaigns and pushing legislators to hold hearings). The course will provide students with a more complete understanding of how to navigate and influence the legislative process. Self-scheduled examination or paper option. N. Messing

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 in the fall are expected to make a one-year commitment (both fall and spring terms). In addition, students enrolling in this course for the first time in fall 2016 must complete their one-year commitment in the course to receive professional responsibility credit. The ethics component of the clinic will be taught during the fall term. Permission of the instructors required. H.K. Gerken and T.M. Nardini

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, students will delve deeply into the determinants of the economic success of cities, using cutting-edge research in agglomeration economics. And they will use those theoretical and empirical studies to address 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. Permission of the instructors required. Enrollment limited to eighteen (combined with the advanced clinic). H.R. Metcalf and A.S. Bjerregaard

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. D.A. Schulz and J.M. Balkin

Meritocracy and Inequality: Supervised Research (21777) 3 units. American meritocracy was conceived, at the middle of the last century, as a mechanism for opening the elite to outsiders and promoting fair equality of opportunity. Today, it is far from clear that meritocracy performs this function and more than plausible that meritocracy has become a principal obstacle to equality of opportunity. Students interested in the social, moral, and economic analysis of meritocracy are invited to submit proposals for supervised research on the relationship between meritocracy and equality, in any of its myriad forms. The final number of credits may vary by agreement with the instructor and framing of suitable work plans. Paper required. Permission of the instructor required. Enrollment limited to six. D. Markovits

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. The primary text will be Military Justice: Cases and Materials by Eugene R. Fidell, Elizabeth L. Hillman, and Dwight H. Sullivan (LexisNexis, 2d ed., 2012). Self-scheduled examination. E.R. Fidell

Mortgage Foreclosure Litigation Clinic (30119) 2 or 3 units, credit/fail for students in their first term; students may opt into grading after the first term. Students in this clinical seminar will represent homeowners fighting foreclosure in Connecticut state and federal court. They will advise clients both inside and outside the courthouse and appear in court multiple times during the term through the clinic’s limited-scope representation program, Attorney for Short Calendar. Students will also have an ongoing caseload in which they will conduct motion practice and discovery, including legal research and writing, as well as represent clients in Connecticut foreclosure mediation. Clinic students also engage in novel affirmative litigation against the mortgage industry and engage in appellate work through direct representation in Connecticut and amicus work nationwide. The clinic is also involved in legislative advocacy to expand the legal remedies available to homeowners fighting foreclosure. Weekly seminars focus on case preparation, skill development, and housing policy (with an emphasis on discriminatory and abusive lending, as well as the government’s enabling of and response to such practices). Open only to J.D. students. Enrollment limited to twelve. J. Gentes

Open Government and Open Data Governance Innovation Clinic (30186) 3 units, credit/fail, with a graded option. The Open Government and Open Data Governance Innovation Clinic supports the strengthening of democratic institutions by using legal and technological innovations to transform how we govern. In this clinic, students will work with clients in government and other public institutions on projects designed to enable them to work more openly and collaboratively to make better decisions and solve public problems to improve people’s lives. The mission is threefold: to help institutions innovate and become more effective at achieving their mission through the application of new technologies including big data and collective intelligence; to promote the public’s right to participate in governing in ways that tap people’s talents, creativity, and interests; and to empower twenty-first-century lawyers as problem solvers by developing new skills in governance innovation. Project required. Enrollment limited. B.S. Noveck

Partnership Taxation (21582) 3 units. This course will examine the federal income tax consequences arising from the operation of an enterprise that is treated as a partnership for tax purposes. Topics include the allocation of partnership income and deductions among partners as well as the various problems created by contributions, distributions, and acquisitions and dispositions of partnership interests. Scheduled examination. N. Cunningham

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

Practicing In-House in an Increasingly Integrated World (21664) 2 units. This course will explore the challenges faced by a senior in-house lawyer in today’s increasingly integrated international business environment. We will do so through a series of problems faced by the legal staff of multinational corporations. The “cases” in this course pose questions about how to confront legal and ethical issues in many different national markets, using specific illustrations drawn from the contemporary business world—e.g., the Sony hacking incident, Google’s response to censorship in China, Walmart’s challenges arising from the fire in the Bangladesh installation, and the obstacles to Uber’s business model around the world. These cases involve a broad range of considerations: law, ethics, reputation, risk management, international public policy and politics, culture, business, communications, and corporate citizenship. The course will explore the skills needed by inside counsel to address these challenges, the increasingly global role of in-house counsel in large corporations, and the challenges to the profession from this demanding new form of legal practice. Permission of the instructors required. Self-scheduled examination. Enrollment limited to twenty-two. M.S. Solender and S.M. Cutler

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

Property (21017) 4 units. This course will study the laws 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

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, before, during, and after trial. Federal placements are available in the United States Attorney’s Office in New Haven or in Bridgeport. The federal caseload is varied, from drug trafficking to securities fraud to civil rights to appellate work. The State’s Attorney’s Office in New Haven, which also has a varied but faster-paced docket, generally can take one or two student placements. Federal placement requires 168 hours for 3 credits, and state placement requires 112 hours for 2 credits. All students are required to attend weekly class sessions. These sessions are intended to cover the life of a criminal case, including the stages of investigation, charging, plea negotiation, trial, sentencing, appeal, and collateral attack. The class sessions will focus in depth on a handful of prosecutions as examples of the foregoing stages of a criminal case. The class sessions also aim to incorporate the perspectives of different players in the criminal justice system, including the U.S. Attorney, agents, public defenders, probation officers, and judges. Woven throughout these class sessions are discussions of ethics and professional responsibility. The course considers at significant length a prosecutor’s ethical obligations under the Constitution, rules of procedure, and Rules of Professional Ethics. Students will be required to keep track of the hours they have worked. Placement at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Student participation in the federal program is subject to successful clearance through a federal background check. Students also apply for placement at the State’s Attorney’s Office during the previous term. Although enrollment is limited and permission of the instructors is required, timing 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. Conflict check with LSO also is required. K. Stith, L. Brennan, and M. Silverman

Quantitative Corporate Finance (21071) 3 units. This course will introduce students to some of the fundamentals of financial economics. Topics will include net present values, the capital asset pricing model, the efficient capital market hypotheses, event studies, and option theory. Students will need to learn to use electronic spreadsheet software such as Excel. Grades will be based on weekly computer problem sets and on an open-book final examination. Self-scheduled examination. Also MGT 692b. I. Ayres

Reading the Constitution: Method and Substance (21411) 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 America’s Constitution: A Biography by Akhil Reed Amar (Random House, 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). Self-scheduled examination or paper option. A.R. Amar

Research Methods in American Law (21486) 1 unit, credit/fail. This course will instruct students in basic legal research skills, including researching federal case law and statutory and administrative law, as well as using secondary sources in the research process. Students will be required to complete a series of short research assignments. The course will meet once weekly for the first half of the term. The skills requirement may be satisfied by taking this course with another 1 unit legal research course. Minimum enrollment of five required. J.A. Jefferson, J. Eiseman, and C. Kellett

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

Research Methods in Statutory and Regulatory Law (21493) 1 unit, credit/fail. This course will teach students to research statutes, agency regulations, agency cases, and other sources of statutory and administrative law, using a variety of print and online sources. The goal of the course is to give students an understanding of the sophisticated research skills required for finding statutory and administrative authority in its various forms, including legislative history, enabling statutes, proposed and final agency regulations, decisions, opinions and policy, and executive orders. Emphasis will be on researching using free, government resources, but students will also learn how to conduct regulatory research using directories and other databases. Although the primary focus of this course will be on researching federal statutory and administrative law, one class session will be devoted to researching state and local administrative law. Students will be evaluated based on class participation and on a final research project focused on a regulatory issue and agency of their choosing. 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. J.G. Krishnaswami, S. Matheson, and M. VanderHeijden

Roman Law (21776) 2 units. This course is designed to present students with an overview of Roman civil law. The law of persons, property, obligations, and succession will be presented in this order, just as it would have been to law students two millennia ago. Unlike those students, however, today’s students will be given the chance to step back from the minutiae and examine how the law was shaped and adapted over the course of Roman history to reflect the needs of the society it served. This class will also look forward through history to determine some of the ways that Roman law has shaped modern law systems in this country and across the world. The course will also survey religious, criminal, constitutional, and international law. Above all, it will train students in how to use the detailed and comprehensive study of a legal system to shed light on social and economic history, a skill that should be applicable across cultures, including our own. The course assumes no knowledge of Roman history or of Latin. Students will be expected to learn the Latin terminology to which they are introduced, just as they must learn the technical language of any discipline that they study. Scheduled examination. Also CLCV 236b/HIST 225b. N. Lenski

Seminar in Private Law (21497) 2 or 3 units. The spring 2017 edition of the Seminar in Private Law will focus on consumer law. The seminar will take up the distinctive legal, economic, and social problems presented by a modern consumer economy. Themes will include consumer protection (including both substantive doctrine and the choice of doctrinal styles and institutional structures for regulating consumer contracts), the relationship between consumer law and distributive justice, and the sociology and culture of mass consumption. At least half of the seminar’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

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

Social Science and Institutional Design: The Empirical Evaluation of Legal Policies and Practices (21496) 3 units. This course will be concerned with the potential role of social science in designing legal institutions, i.e., creating laws and developing policies and practices for the authorities who implement them. It will consider the role of social science models of human cognition and motivation in the effort to best meet the goals of the legal system. For each class two or three students will write a short position paper (one or two pages) on the readings for that week. In some cases, when there are several topics covered, the students can choose the one they want to write about. The position paper will raise what each student feels are core questions about the readings of the week. Each student will then give a brief presentation of the position paper at the beginning of the class. Grading based on either a 20–30-page paper on some topics of the material or on a self-scheduled examination. Self-scheduled examination or paper option. Also PSYC 647b. T. Tyler

Specialized Legal Research in Corporate Law (21489) 1 unit, credit/fail. This course will introduce students to legal research, focused 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, current awareness, form finding and document construction, corporate and nonprofit governance, practitioner’s tools, business and market research, competitive intelligence, financial analysis, regulatory research, 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 required. J. Eiseman 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: Directed Research (21207) 2 units. The instructor will supervise students who wish to write a paper about taxation or related topics in law and economics. Open only to J.D. students. Paper required. Permission of the instructor required. Enrollment limited to six. Z.D. Liscow

Technology Law (21325) 2 units. This course will study the regulatory challenges posed by disruptive technologies. It will consider the interplay of law, technological design, norms, and the market as modalities of regulation; competing strategies for updating the law through courts, legislatures, administrative agencies, and international institutions; efforts by incumbent and newcomer industries to use the law to promote their preferred business models; and the legal implications of other political, economic, and social impacts associated with disruptive technologies. Case studies include smart phones, autonomous weapon systems, VCRs, robotics, driverless cars, cyberwarfare, the railroad, “clickwrap” contracts, social media, Big Data analytics, the Internet of Things, and 3-D printing. Self-scheduled examination or paper option. J.M. Balkin and R. Crootof

U.S. International Taxation (21100) 3 units. This course will cover the basic principles of U.S. international income taxation. We will examine how the United States taxes both so-called (1) inbound transactions (income earned by foreign persons from investing and doing business in the United States), and (2) outbound transactions (income earned by U.S. persons from business activities and investments outside the United States). The principal focus of the course will be on how the United States taxes income earned by U.S. corporations from doing business outside the United States. Topics will include the foreign tax credit; the controlled foreign corporation rules; transfer pricing; and income tax treaties. 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. Pending individual matters include (1) benefits applications for veterans who have suffered PTSD, sexual assault, and other injuries, in the first instance, on administrative appeal, and on judicial review of administrative denials; and (2) discharge upgrade applications, on administrative appeal and in U.S. District Court. Students also represent local and national veterans organizations in Freedom of Information Act litigation in U.S. District Court; civil rights litigation arising from sexual assault, and other-than-honorable discharges of service members suffering undiagnosed PTSD; and federal and state regulatory and legislative advocacy concerning veterans’ employment issues, criminal justice matters, treatment of service members with PTSD, and military sexual assault and rape. The seminar portion is a practice-oriented examination of advocacy on behalf of veterans and of social justice lawyering generally. Permission of the instructors required. Enrollment limited. M.J. Wishnie, M.R. Kuzma, M.E. Lado, 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 course 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

Work and Gender (21577) 5 units. This course will examine how workplaces, firms, jobs, and even the people who occupy them come to be structured along gendered lines. The class will read theoretical accounts, social science studies, ethnographies, and legal cases to obtain an understanding of the mechanisms through which work becomes gendered. Among the questions the course will address are: Do workplaces merely reflect or rather actively reproduce gendered social relations and identities? What is the relationship among employment, citizenship, and sex/gender? How do structural features of organizations tend to reproduce sex segregation and sex-based harassment? How do work organizations interact with household arrangements to reproduce gender inequality? How should we understand the relationship between sex, gender, and sexuality at work? What theories ground past and present interpretations of the law’s ban on sex discrimination in the workplace? Which theories should do so? The representation of gender and work in the popular media will also be explored, through an accompanying, required in-class film series. Scheduled examination. V. Schultz

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 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 and 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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