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2007-08 Course Catalog (Print View)

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Administrative Law A1

Fall term, Block B
Th,F 8:00 AM - 9:30 AM

Dean Elena Kagan
3 classroom credits LAW-30000A Fall

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

Administrative Law A2

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

Visiting Professor David Super
4 classroom credits LAW-30000A Fall

This course focuses on the procedures administrative agencies follow to make and enforce law. Understanding these procedures will help students in analyzing the substantive policy making and adjudications of any administrative agency they subsequently wish to study. The course's central themes will include: the differences between adjudication and rulemaking as well as the applicability of principles developed in one kind of proceeding to the other; the applicability of concepts from criminal, civil, and legislative procedure to administrative agencies' operations; trade-offs between the efficiency of a decision-making process and efforts to improve the quality of the decisions rendered; the influences of competing theories of administrative law, particularly the agency expertise and public participation models; the separation of powers; and the varying degrees of deference and suspicion directed to the three most active participants in the administrative process: agencies, private parties, and courts.

Casebook: Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, & Adrian Vermeule, Administrative Law and Regulatory Policy: Problems, Text, and Cases (6th ed. 2006).

Administrative Law B1

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

Visiting Professor Jack Beermann
4 classroom credits LAW-30000A Spring

This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability of citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines.

Administrative Law B2

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

Visiting Professor Thomas Merrill
4 classroom credits LAW-30000A Spring

This course is about the legal framework that governs the administrative state. The principal emphasis is on the major federal agencies. Basic questions about the constitutional foundations of the administrative state are covered, including the delegation of powers from Congress to agencies, the relationship between the President and agencies, the degree to which agencies can displace Article III courts as forums for the resolution of disputes, and the right of interested persons to challenge agency action in court. The statutory framework that regulates the procedures followed by agencies and the review of agency action, primarily as set forth in the Administrative Procedure Act, is also covered. Topics include the distinction between rulemaking and adjudication and the procedural packages that apply in each context, additional procedural limitations required by the Due Process Clause, the conventions that govern judicial review of agency action, and the various requirements that must be satisfied in order to secure judicial review of agency action.

Advanced Clinical Practice Seminar

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

Clinical Professor David Grossman
1 classroom credit LAW-32355A Fall + 1 classroom credit Spring
3 required clinical credits Fall + 3 required clinical credits Spring

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

Students may waive the spring term classroom component and may also waive up to two clinical credits per semester.

Enrollment in this clinical course is restricted only to 3L HLAB members, and will not be in the Clinical course registration. HLAB members in their 3L year in 2007-2008 will automatically be enrolled in this clinical course.

Advanced Research Seminar on Law and Public Policy: Seminar

Fall/Spring term, Block F
W 8:00 AM - 10:00 AM

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

This seminar, which will meet every other week in the fall and every week in the spring, focuses on the blending of skills and styles taught at Harvard Law School and the Kennedy School of Government in addressing major policy issues. Students will be encouraged to solve problems by simultaneously applying legal, managerial, empirical, economic, political, and ethical analysis. Discussions in the fall will use policy cases to illustrate the process of combining techniques that are then to be applied by students in their own papers, the Integrated Written Project required of joint degree students. Past fall case studies have included the investigation of Wen Ho Lee, detention of suspected terrorists, and global warming.

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

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

Alternative Methods of Dispute Resolution

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

Visiting Professor Jennifer Brown
3 classroom credits LAW-30300A Spring

This course examines the nature, application, and legal status of arbitration, mediation, negotiation, and various hybrid methods of dispute resolution. With respect to each method, we will discuss theoretical, practical, ethical, and policy issues.

American Legal Realism: Reading Group

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

Professor Janet Halley
1 classroom credit LAW-30245A Spring

We will read classics in the American Legal Realist tradition, with the aim of sharpening the methodogical self-awareness and critical capacity of each member of the group. To that end, group members will be asked to articulate projects they are pursuing for discussion in light of the readings: relevant projects could include research papers, editorial work, participation in clinics or law reform work, conference organizing. First year JD students and LL.M. students are particularly welcome, but for First Year JD students, special rules apply for registration; see below. Pass/fail. Our text will be The Canon of American Legal Thought, ed. David Kennedy and William W. Fisher III (Princeton 2006). Admission to the Group is by permission of instructor. Interested students must submit a 1-page statement of interest to Terry Cyr at tcyr@law.harvard.edu by November 15. First Year JD students cannot directly register in the Reading Group, but they should submit statements of interest in the same way as other students. If they are admitted, they will be required to sign up for a 1-credit Independent Written Work with Professor Halley and to submit a 10-page paper based on their participation in the Group.

Analytical Methods for Lawyers A

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

Mr. David Cope
3 classroom credits LAW-30310A Fall

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

1. Decision Analysis, Games and Information: Lawyers assist their clients in making a wide variety of decisions, ranging from the settlement of lawsuits to the purchase of property. We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them. We will also consider strategic interactions between parties and considerations related to imperfect information.
2. Contracting: Lawyers write many contracts, concerning such matters as acquisitions of land or corporations, creation of partnerships and nonprofit entities, settlement of lawsuits, financing arrangements, and government procurement. This unit presents practical principles concerning what issues should be addressed in contracts and how they might best be resolved.
3. Accounting: Lawyers who counsel clients in conducting their affairs or who represent them in litigation must understand the parties' financial circumstances and dealings, which often are represented in financial statements. Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.
4. Finance: Legal advice in business transactions, division of assets upon divorce, litigation, and many other matters require knowledge of valuation, assessment of financial risk, and comprehension of the relationships between those who provide financing and those who need it. We will consider basic principles of finance, such as present value, the tradeoff between risk and return, the importance of diversification, and basic methods for valuing financial assets.
5. Microeconomics: Lawyers need to understand their clients' and other parties' economic situations and opportunities as well as the principles that underlie many of the rules of our legal system. This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.
6. Law and Economics: Legal rules have important effects on clients' interests, which must be appreciated by lawyers who advise them and by judges, regulators, and legislators who formulate legal rules. We will explore these effects using the economic approach to law, with illustrations from torts, contracts, property, law enforcement, and legal procedure.
7. Statistics: Legal matters increasingly involve the use of statistics in business contexts, in the promulgation of government regulations, in the measurement of damages, in attempts to make inferences concerning parties' behavior (such as those regarding discrimination in employment), and in determination of causation (in tort, contract, and other disputes). We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom.

Analytical Methods for Lawyers B

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

Mr. David Cope
4 classroom credits LAW-30310A Spring

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

1. Decision Analysis, Games and Information: Lawyers assist their clients in making a wide variety of decisions, ranging from the settlement of lawsuits to the purchase of property. We will explore a standard technique that has been developed to organize thinking about decision-making problems and to solve them. We will also consider strategic interactions between parties and considerations related to imperfect information.
2. Contracting: Lawyers write many contracts, concerning such matters as acquisitions of land or corporations, creation of partnerships and nonprofit entities, settlement of lawsuits, financing arrangements, and government procurement. This unit presents practical principles concerning what issues should be addressed in contracts and how they might best be resolved.
3. Accounting: Lawyers who counsel clients in conducting their affairs or who represent them in litigation must understand the parties' financial circumstances and dealings, which often are represented in financial statements. Basic accounting concepts will be introduced, and the relationship between accounting information and economic reality will be examined.
4. Finance: Legal advice in business transactions, division of assets upon divorce, litigation, and many other matters require knowledge of valuation, assessment of financial risk, and comprehension of the relationships between those who provide financing and those who need it. We will consider basic principles of finance, such as present value, the tradeoff between risk and return, the importance of diversification, and basic methods for valuing financial assets.
5. Microeconomics: Lawyers need to understand their clients' and other parties' economic situations and opportunities as well as the principles that underlie many of the rules of our legal system. This unit presents basic economic concepts--the operation of competitive markets, imperfect competition, and market failures--that are necessary to this understanding.
6. Law and Economics: Legal rules have important effects on clients' interests, which must be appreciated by lawyers who advise them and by judges, regulators, and legislators who formulate legal rules. We will explore these effects using the economic approach to law, with illustrations from torts, contracts, property, law enforcement, and legal procedure.
7. Statistics: Legal matters increasingly involve the use of statistics in business contexts, in the promulgation of government regulations, in the measurement of damages, in attempts to make inferences concerning parties' behavior (such as those regarding discrimination in employment), and in determination of causation (in tort, contract, and other disputes). We will address the basic statistical methods, including regression analysis, as well as issues that commonly arise when statistics are used in the courtroom.

Animal Law

Spring term, Block A
M,T 8:00 AM - 9:30 AM

Mr. Paul Waldau
3 classroom credits LAW-30550A Spring

This is a basic course in animal law in which the student engages a broad range of cases, legislation, and concepts as they pertain to nonhuman animals. After a brief introduction on the history and current status of nonhuman animals in the U.S. legal system, the first part of the course examines substantive law in the areas of property, contracts, torts, wills and trusts, and criminal law. Woven throughout the discussion of substantive law are comments and questions regarding current cultural attitudes towards animals outside the human species.

The second part of the course uses (a) the material from the first part of the course and (b) various constitutional and common law principles to assess current proposals that basic legal concepts, such as "rights" and "legal personhood," should be afforded some nonhuman animals. The third part of the course uses the tools and perspectives developed in Parts I and II to examine various federal and state legislation impacting other animals. The required texts will be Frasch et al., Animal Law, and S. Wise, Rattling the Cage.

Antitrust Law

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

Professor Einer R. Elhauge
4 classroom credits LAW-30600A Fall

Given the reality of global markets, modern antitrust law and legal practice are both global, as is any anticompetitive conduct they seek to regulate on global markets. This course thus teaches basic antitrust principles using cases and materials from throughout the world, with the focus on US and EC sources because those are the most active antitrust enforcers and have the most well-developed antitrust doctrines. Students may choose whether they wish to take an exam or write a 20-25 page double-spaced paper on an antitrust topic of their choosing. The book will be Elhauge & Geradin, Global Antitrust Law & Economics (Foundation Press 2007). Enrollment is limited to 50.

Antitrust Law: Monopolization

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

Visiting Professor Aaron Edlin
2 classroom credits LAW-30600A Winter

This 2-unit course covers section 2 of the Sherman Act which bans monopolization and attempted monopolization. We will use Areeda, Kaplow, and Edlin, Antitrust Analysis: Problems, Text and Cases, 6th edition, and cover both classic cases such as Alcoa and modern cases such as Microsoft and American Airlines. Some familiarity with basic economic concepts is helpful but not at all essential. The class will begin with lectures on the economics of monopoly. Laptops cannot be used during lecture.

Antitrust, Technology, and Innovation: Seminar

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

Mr. Phillip R. Malone
2 classroom credits LAW-90271A Spring

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

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

Appellate Courts and Advocacy Workshop

Winter/Spring term
M,T,W,Th,F 9:00 AM - 12:00 PM

Mr. Brian Wolfman
3 classroom credits LAW-30610A Winter/Spring
(2 credits Winter + 1 credit Spring)

The Appellate Courts and Advocacy Workshop combines a substantive review of key appellate litigation doctrines concerning appellate jurisdiction, standards of review, and other topics, with an intensive advocacy component, ranging from motion and brief writing to oral argument. The course considers each stage of the appellate litigation process, beginning with a general overview, moving to the various bases for appellate jurisdiction in the federal courts, then discussing standards of review, and concluding with an intense review of the anatomy of an appellate brief. We will also briefly consider U.S. Supreme Court practice.


Students considering appellate court clerkships after graduation may find this course useful. There are about a half dozen small to medium-sized writing assignments. These assignments do two things: They introduce students to some aspect of appellate practice and demand application of one or more of the course's doctrinal topics. In addition to these smaller assignments, students are also responsible for writing an appellate brief and conducting an oral argument. For all assignments, students are provided copies of relevant practice rules, statutes, cases, and other items. No outside research is involved. Enrollment is limited to 20 students.


The doctrinal portion of the course, and the corresponding small to medium-sized writing assignments, will be covered in the Winter Term. Classroom sessions will be in regular three-hour blocks, although on one or two days, a shorter extra session will be added to accommodate special topics and guests. The appellate brief and oral argument will be completed during the Spring Term. Spring Term meetings will take place at mutually convenient times and will include a one-on-one meeting with the teacher. Students must take both the Winter and Spring sessions, and students will receive one grade after completing the Spring component that will apply to both sessions. Students who are considering enrolling in this course should read the more detailed course description located at: http://www.citizen.org/documents/hlsdetaileddescription2008.pdf
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The instructor, Brian Wolfman, is the Director of Public Citizen Litigation Group (PCLG), a public interest law firm in Washington, D.C. He has litigated dozens of cases in courts of appeals and in the Supreme Court. To learn about PCLG's work generally, and its Supreme Court Assistance Project specifically, go to http://www.citizen.org/litigation and http://www.citizen.org/litigation/supremecourt/ respectively.

Art Law: Seminar

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

Professor Harry S. Martin
2 classroom credits LAW-98550A Spring

This seminar will selectively explore how the law shapes and constrains the visual arts. The seminar will examine a broad spectrum of problems involving the interaction of art and the law, both historically and in contemporary society. Emphasis will be given to issues such as copyright in art images, moral rights and droit de suite statutes; First Amendment rights of artists; public support for art and art in public places; legal issues that arise in the art market: stolen art, forgeries, authentication, agreements for the transfer and commission of works of art, valuation problems related to authentication and artist estates, and aspects of the purchase, sale, and charitable contribution of works of art; repatriation of cultural objects and the illicit international trade in art; and ethics and legality in museum policies. The class will frequently consider contemporary art controversies as a means of examining these broader issues. Requirements for all students include: regular attendance, active participation in discussion, a newspaper editorial on an assigned topic to be debated in class, and a research paper. The seminar requirement can be met with a paper of twenty-five pages, but students are encouraged to write a more substantial, fifty-page paper for an additional credit that can be used to satisfy the School's Written Work Requirement. Class size will be limited to twenty students. The class is not open to 1Ls. There is no limit on the percentage of LL.M. candidates.

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

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

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

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

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

Cross-registrants are welcome.

Bankruptcy A

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

Professor George Triantis
4 classroom credits LAW-31400A Fall

An introduction to corporate bankruptcy with an emphasis on reorganization. The course reviews the fundamentals of debt contracting, including the role of events of default, debt priority and security interests. The course examines various aspects of the bankruptcy process: including the automatic stay, the avoidance of prebankruptcy transactions (e.g. fraudulent conveyances and preferences), the treatment of executory contracts, the debtor's governance structure during bankruptcy, the financing of operations and investments in bankruptcy, sales of assets during bankruptcy, and the process of negotiating, voting, and ultimately confirming a plan of reorganization. The course will draw on concepts of financial economics to analyze these features, but no previous formal study of economics is required.
Evaluation by written examination.

Bankruptcy B

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

Professor Elizabeth Warren
4 classroom credits LAW-31400A Spring
2, 3, or 4 optional clinical credits LAW-31400C Spring

This course covers the federal Bankruptcy Code and explores the critical role it plays in a credit economy. The social and economic implication of a law of forgiveness will be the central feature of this course.

This is the survey course covering the broadest range of issues in cases that range from personal bankruptcies to the failure of multinational corporations.

The course is taught exclusively from problems. The problems are designed to examine the elements of the statutes, the transactional implications of the formal laws, and the policy issues that inhere in the bankruptcy system. Ethical problems are woven throughout the course. The problem approach is based on situations that attorneys, clients, legislators, and judges encounter and on the broader social implications of these issues. The course will provide some commercial background for the problems it explores, and it will explore the available empirical evidence about the bankruptcy system.

Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information. Clinical placements will be at the WilmerHale Legal Services Center - Predatory Lending/Consumer Protection Clinic. Clinical students will also automatically be enrolled in an additional 2 class credit spring clinical workshop.

Warren and Westbrook, The Law of Debtors and Creditors, (Little, Brown, 5th ed. 2005); Warren, Statutory Supplement (Aspen, 2007).

Business Strategy for Lawyers

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

Professor Kathryn E. Spier
4 classroom credits LAW-31710A Spring

This course presents the fundamentals of business strategy to a legal audience. The class sessions include both traditional lectures and business-school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest.

The main course material is divided into four parts. The first part presents the basic frameworks for the analysis of strategy. The topics include economic and game theoretic approaches to strategy, competitive advantage and industry analysis. The second part is concerned with organizational and contractual responses to agency problems. Topics include pay-for-performance, corporate control, and the design of partnerships and other business associations. The third part takes a broader view of business associations, considering the horizontal and vertical scope of the firm and the advantages of hybrid organizational forms such as franchising and joint ventures. The fourth part covers special topics in competitive strategy, including product differentiation, tacit collusion, facilitating practices, network externalities, market foreclosure, and innovation.

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

Although previous exposure to business strategy or economics is not required, the lectures focus on abstract frameworks and theoretic approaches. This course is well-suited for students interested in economic analysis of the law with a strong business and industry focus. Because of the significant overlap with the MBA curriculum, this class is not appropriate for students in the JD-MBA program.

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

Capital Punishment in America

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

Professor Carol Steiker
3 classroom credits LAW-31980A Spring
Optional clinical credits LAW-31980C: 2 Winter and 2, 3, or 4 Spring

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

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

Child Advocacy Clinic

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

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

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

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

Enrollment Procedures: Enrollment for this clinical course will occur during Clinical course registration. Refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for Clinical course registration dates. Please note that the Child Advocacy Clinic has EARLIER drop/add deadlines than other clinical sections. Students in the Winter/Spring clinical have an add/drop deadline of Tues., Nov. 6, 2007. Students in the Spring-only clinical have an add/drop deadline of Wed., Dec. 5, 2007.
Once enrolled in the clinic, students will be provided a description of the various fieldwork options, and students will be placed to the degree possible in accord with their preferences. Visit the Child Advocacy Program (CAP) website at http://www.law.harvard.edu/academics/cap/clinic/in dex.php for a list of CAP clinical placements offered in 2006-07 and 2005-06.

Fieldwork Component: Students will be placed in a wide array of fieldwork settings, ranging from organizations providing individual advocacy, to those promoting systemic change through impact litigation and legislative reform, to grassroots organizing initiatives. Some students will work for reform from within the system and others from outside. Students will work on different types of projects such as: developing legislative reform proposals, participating in mediations, doing in-court advocacy work, drafting legal briefs, analyzing social science and psychological research, leveraging the media and writing op-ed articles, investigating new policy initiatives. For instance:
- In the child welfare area, students may work at the state agency charged with protecting children from abuse and neglect, with private lawyers representing children in the foster care system, with a model early home visitation program focused on supporting fragile families, or with the district attorney's office prosecuting parents accused of child maltreatment.
- In the education area, students may work with a program that weds social science with the promotion of policy reform, with a project advocating for the special needs of children exposed to violence, or with the state agency charged with overseeing schools on issues such as charter schools, school finance, assessment and accountability, student rights, and school discipline.
- In the juvenile justice area, students may work on legislative and policy initiatives aimed at improving the justice system for youth of color, on a new initiative providing alternatives to detention, or with a model juvenile defender organization.
- Many placements cut across substantive areas. Students may work as a law clerk in the juvenile court, with a state legislative committee focused on child welfare and education, or with a medical-legal collaborative aimed at improving child well-being.


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

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

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

Relationship to Other Child Advocacy Program Courses: This course is part of the Child Advocacy Program (CAP), whose other courses are: (1) Child, Family, and State; (2) The Art of Social Change: Child Welfare, Education, & Juvenile Justice; and (3) Future of the Family: Adoption, Reproduction and Child Welfare seminar. Enrollment in these other CAP courses is encouraged. While there is no prerequisite for the Child Advocacy Clinic, in the event that it is overenrolled, preference will be given to students who have taken or are currently registered for other CAP courses.

Child, Family, and State

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

Professor Elizabeth Bartholet
3 classroom credits LAW-32000A Fall

This course will focus on children's rights and interests in the context of family, education, and juvenile justice, and consider how our society shapes the meaning of childhood. We will look at what role the government does and does not play in supporting families so that they can provide children with appropriate nurture, and assess the potential of programs designed to provide special support to fragile families, such as early home visitation and family preservation. We will look at how law divides responsibility for children between parents and the state, and consider how the balance should be drawn. We will look at law and policy governing parent rights, child abuse and neglect, foster care, adoption (domestic and international), and education, including special education and 'adequacy' issues. Throughout we will think about how we could change law and policy to create a better world for children and families.

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

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

Cross-registrants are welcome.

Church and State

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

Professor John H. Mansfield
3 classroom credits LAW-32100A Fall

This course will explore issues arising under the Establishment and Free Exercise Clauses of the First Amendment. Attention will be given to Supreme Court decisions concerning government aid to education, tax exemption of religious institutions, conscientious objection, disputes over church property and similar topics. The aim of the course is through the exploration of particular problems to develop a general theory of the religion clauses of the First Amendment and of the constitutional ideology that underlies these clauses. As groundwork for this effort, the course will explore the historical background of the religion clauses with particular emphasis on the church-state system in colonial Virginia and the circumstances surrounding the adoption of the First Amendment.

Church and State: Global Perspectives: Seminar

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

Visiting Professor Cindy Skach
2 classroom credits LAW-90455A Spring

Liberal constitutional democracies around the world are asked to balance religious freedom and state neutrality, and to do so in an increasingly diverse and socially explosive world. Several countries have begun looking to France, Turkey and Germany for models of secularism that they hope will limit, rather than exacerbate, social conflict. And yet, from an American perspective, recent moves by European democracies to adjudicate religious symbols seem anti-liberal. What are the competing models of secularism for today's democracies? What are the possibilities, and limits, of religious liberty in increasingly diverse polities? Comparing historical developments in American and European legislation and jurisprudence, this course problematizes these questions, taking into account the growing tension between, on the one hand, a coming world order that aims at the cultural extension and legal enforcement of human rights, including freedom of religion and belief; and, on the other hand, an increased vigilance of religious practices that are considered indicative of a "clash of civilizations," resulting in restrictions on religious freedom in the name of public order.

Citizenship and Globalization

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

Visiting Professor Ayelet Shachar
3 credits LAW-33795A Fall

Citizenship is the characteristic modern form of membership that links individuals to the state. It both shapes and regulates a polity's membership boundaries. In this course, we will examine citizenship in today's world of increased migration and globalization, asking: does it matter? And if so, how? We will draw upon American, comparative, and international case law, as well as political theory and social science literature, to explore current topics such as birthright citizenship; the process of naturalization; the loss of citizenship; the rights of non-members; the relationship between family and citizenship; dual nationality; regional treaties affecting trade and human mobility; the opening versus closing of borders; and the emerging talent-for-citizenship exchange. Emphasis will be given to the impact of globalization on the rise of transnational conceptions of membership and the future of domestic citizenship regimes.

Requirements include regular attendance and participation, a short reaction paper, and a final take-home examination.

Civil Procedure 1

Fall term, Block F
Th 1:00 PM - 3:00 PM, F 10:00 AM - 12:00 PM

Visiting Professor Jonathan Molot
4 classroom credits LAW-10100A Fall

This course examines the theory and practice of civil litigation, and the rules and statutes that govern the process by which substantive rights and duties are enforced in federal and state courts. Special attention is paid to the goals, values, costs, and tensions underlying an evolving adversarial system of adjudication. Topics include the proper reach of judicial authority, personal and subject matter jurisdiction, pleading, motions practice, pretrial discovery, the relationship of procedure to substantive law, trial by jury, post-trial procedure, appeals, and claim and issue preclusion.
Visiting Professor Molot will use Friedenthal, Miller, Sexton, and Hershtcoff, Civil Procedure: Cases and Materials (9th ed. 2005); its 2007 Supplement; and Glannon, Civil Procedure: Examples & Explanations (5th ed. 2006).

Civil Procedure 2

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

Assistant Professor Jim Greiner
4 classroom credits LAW-10100A Fall

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

Civil Procedure 3

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

Professor William Rubenstein
4 classroom credits LAW-10100A Fall

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

Civil Procedure 4

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

Professor Christine Desan
4 classroom credits LAW-10100A Fal

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

Civil Procedure 5

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

Visiting Professor Amanda Tyler
4 classroom credits LAW-10100A Fall

This course considers the fundamental and recurrent problems in civil actions largely through the rounded study of the conduct of a single modern system of procedure, that embodied in the Federal Rules. In the first stage the student surveys the phases of litigation under this system from commencement of action through disposition on appeal; the survey is intended to convey elementary information, to propound various questions, which are more deeply studied during the rest of the course, and to exhibit the distinctive characteristics of Anglo-American civil procedure. The following subjects are then dealt with in more detail: evolution of the unitary civil action; pleadings, discovery and other pretrial devices including alternative dispute resolution; trial; jurisdiction of courts; and former adjudication. Equity jurisdiction is sketched in connection with the historical evolution of the unitary civil action, and there is some instruction in the rules of evidence in relation to the principal aspects of the trial. The division of business between federal and state courts claims attention, as does the enforcement of state law in federal courts and federal law in state courts. Contemporary developments with respect to parties, class actions and injunctive relief are also introduced. Visiting Professor Tyler will use Friedenthal, Miller, Sexton, and Hershkoff, Civil Procedure: Cases and Materials (9th ed. 2005); its 2007 Supplement; and some photocopied supplementary materials.

Civil Procedure 6

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

Visiting Professor Amanda Frost
4 classroom credits LAW-10100A Fal

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

Civil Procedure 7

Fall term, Block F
W,Th,F 1:25 PM - 2:40 PM

Visiting Professor Bradford Clark
4 classroom credits LAW-10100A Fall

This course examines the theory and practice of civil litigation, and the rules and statutes that govern the process by which substantive rights and duties are enforced in federal and state courts. Special attention is paid to the goals, values, costs, and tensions underlying an evolving adversarial system of adjudication. Topics include the proper reach of judicial authority, personal and subject matter jurisdiction, pleading, motions practice, joinder of parties and claims, pretrial discovery, the relationship of procedure to substantive law, trial by jury, post-trial procedure, appeals, and claim and issue preclusion. Visiting Professor Clark will use Friedenthal, Miller, Sexton, and Hershtcoff, Civil Procedure: Cases and Materials (9th ed. 2005); its 2007 Supplement; and Glannon, Civil Procedure: Examples & Explanations (5th ed. 2006).

Commercial Law: Secured Transactions A

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

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

Secured credit fuels the American economy. This course which used to be one of the five required 2L courses, deals primarily with various aspects of the use of credit and collateral in sale and loan transactions, ranging from routine consumer purchases to complex business transactions. This is a course on commercial lawyering in the context of problems of statutory interpretation (primarily Article 9 of the Uniform Commercial Code and Federal Bankruptcy Law) and policy in meeting the needs, and reconciling the interests, of the various parties to secured transactions--consumers, manufacturers, dealers, lenders, insurers, and the government. The focus is on the appropriate advice for a lawyer to give in a particular factual setting.
Text: LoPucki and Warren, Secured Credit: A Systems Approach (5th ed. Aspen 2006); Warren, Statutory Supplement (latest edition).

Commercial Law: Secured Transactions B

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

Visiting Professor Edward J. Janger
4 classroom credits LAW-32200A Spring

Secured credit fuels the American economy. This course which used to be one of the five required 2L courses, deals primarily with various aspects of the use of credit and collateral in sale and loan transactions, ranging from routine consumer purchases to complex business transactions. This is a course on commercial lawyering in the context of problems of statutory interpretation (primarily Article 9 of the Uniform Commercial Code and Federal Bankruptcy Law) and policy in meeting the needs, and reconciling the interests, of the various parties to secured transactions--consumers, manufacturers, dealers, lenders, insurers, and the government. The focus is on the appropriate advice for a lawyer to give in a particular factual setting.
Text: LoPucki and Warren, Secured Credit: A Systems Approach (5th ed. Aspen 2006); Warren, Statutory Supplement (latest edition).

Common Law and Its Critics (The): Reading Group

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

Professor Adrian Vermeule
1 classroom credits LAW-32365A Spring

We will examine positive and normative arguments, in legal and political theory, about the common law as a regulatory system. Special emphasis will be given to more recent work in political science and law-and-economics, and to so-called 'constitutional' common law as opposed to the 'ordinary' common law.

Community Action for Social and Economic Rights

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

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

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

Students are encouraged to consider a Winter Term clinical at their case study sites. Both the course and clinical are well suited for foreign students without a US law degree.

Students who wish to enroll in this class with a clinical component must do so through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Comparative Constitutional Law

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

Professor Mark Tushnet
3 classroom credits LAW-32460A Spring

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

Comparative Constitutional Law and Politics

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

Visiting Professor Ran Hirschl
2 classroom credits LAW-32645A Fall

Constitutional supremacy--a concept that has long been a major pillar of American political order--is now shared, in one form or another, by over one hundred countries across the globe. This course offers an examination of various jurisprudential and political aspects of this global trend. It combines examination of comparative constitutional law and jurisprudence with exploration of new frontiers of pertinent legal and social science research concerning the origins and consequences of the worldwide expansion of constitutionalism and judicial review. Among the topics covered are: epistemology and methodology of comparative constitutional law; mapping the world of new constitutionalism from leading democracies and supra-national entities to various semi-democratic and non-western settings; theories of constitutional transformation; the international migration of constitutional concepts; patterns of substantive convergence and enduring divergence in comparative constitutional jurisprudence; constitutional law and distributive justice; pertinent theories of judicial behavior; constitutional courts and public opinion; the extra-judicial impact of constitutionalization; the judicialization of politics worldwide; and innovative means for mitigating the tensions between constitutionalism and democracy.
Requirements include regular attendance and participation, a short reaction paper, and a final take-home examination.

Comparative Constitutional Law: South Africa's Bill of Rights

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

Professor Frank Michelman
3 classroom credits LAW-32465A Spring

This course will examine constitutional developments in South Africa, including and following upon that country's transition to a constitutional state in 1994. It will focus mainly on adjudications under the Bill of Rights and the bearing of those adjudications on the wider development of South African law and legal (especially judicial) institutions. Comparison with constitutional law in other countries, for which we will rely heavily on the South African Constitutional Court's own extensive references to foreign law, will be an important theme. The course will consider the range of possible motivations for consultations of foreign law by constitutional courts and legal scholars, and the values and purposes that such consultations may be thought to serve. Topics will include protections of civil liberties, economic and social rights, equality and affirmative action, and the bearing of the Bill of Rights on law governing relations to which the government is not a party (the "state action" question). Students must have completed, or be taking simultaneously, a basic course in the constitutional law of some country.

Comparative Corporate Law: Governance in the U.S. and Western Europe: Seminar

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

Professor Reinier H. Kraakman and Visiting Professor Peter Mulbert
2 classroom credits LAW-91005A Fall

This seminar will explore selected topics in corporate law and governance in the U.S. and Europe. It will address U.S. law and practice, key EU Directives, and domestic law and corporate governance in three large European jurisdictions: Germany, Italy, and the U.K. Our initial readings will sketch the law, governance institutions, and ownership structures of our focus jurisdictions. After this overview, the seminar will consider the governance choices made by our jurisdictions in a variety of specific areas. These areas will include the allocation of legal power between the shareholders meeting and the board, the protection of minority shareholders, the protection of corporate creditors, the participation of stakeholders such as employees and the state in corporate governance, the regulation of management compensation, and the legal framework governing mergers and acquisitions (including deference accorded boards of directors in defending against hostile takeovers). The seminar will conclude by addressing change in corporate law and governance across jurisdictions, including the sources of pressures to reform and the extent to which these pressures operate in the direction convergence across jurisdictions. The written assignments for this seminar will consist solely of discussion memoranda addressing the weekly readings. Seminar participants may write papers for additional credit in tandem with taking the seminar but not as a substitute for weekly memos. A prior course in U.S. corporate law or its foreign equivalent is a prerequisite for this seminar.

Comparative Disability Law: Reading Group

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

Professor Michael Stein
1 classroom credit LAW-33005A Spring

This reading group will provide a general introduction to worldwide legal protections of the rights of people with disabilities, a group that comprises about 10% of the world's population. It will begin by establishing the Americans with Disabilities Act, which more than forty countries have emulated, as a baseline and then move outward globally towards international instruments such as the European Union's Framework Directive, and especially the newly adopted United Nations Convention on the Rights of Persons with Disabilities.

We will consider application of these laws to a wide range of public and private conduct, with special emphasis on employment. Throughout, we will evaluate critically the ways that various legal systems respond to disability-based disadvantage (e.g., antidiscrimination, social welfare, and equality measures), the merits of these competing models within different societies and legal systems, and the types of social perspectives they reveal.

The instructor participated in the negotiations leading to the UNCRPD's adoption, and continues as Executive Director of the Harvard Project on Disability to advise governments, national human rights institutions, and disabled persons organizations regarding their domestic disability laws and policies. Thus, one component of the reading group will involve critiquing and providing feedback on currently pending legislation. Another element will be brainstorming and facilitating test case litigation strategies. The reading group also anticipates hosting international experts on disability law to share their perspectives and advocacy experiences.

Comparative Law: Globalization of Law in Historical Perspective: 1850-2000

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

Professor Duncan Kennedy
4 classroom credits LAW-32660A Fall

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

Comparative Law: Why Law? Lessons from China (1L)

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

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

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

Complex Litigation and Mass Tort

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

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

This course will investigate the problems of law and policy associated with mass tort litigation. In recent years the courts have been confronted with the task of adjudicating, or overseeing the settlement of, a series of mass-exposure cases pitting thousands or even millions of toxic-exposure victims against dozens of defendant firms. These cases present legal institutions with a profound dilemma, the importance of which is indicated by the fact that the Supreme Court has rendered two major decisions in recent years on the viability of mass tort class actions. On the one hand, applying the traditional model of individualized, case-by-case adjudication in such settings is not only prohibitively expensive but largely fails to achieve the substantive aims of tort law such as deterrence, compensation, and corrective justice. On the other hand, adoption of collectivizing processes that depart from this traditional model collides with received notions of due process and individual justice, as well as introducing novel problems of substantive law, procedural design, and legal ethics. Our objective in this course will be to examine this dilemma from the standpoint of theory, policy, and practice, with an eye toward both the fundamental questions of social justice raised by these cases and the concrete operation of these cases. The coverage of the course will span a number of interrelated issues of substance procedure and ethics. Among the topics we will consider are the following: 1. We will look at the distinctive problems of substantive liability and damages in mass tort cases, including proof-of-causation rules; apportionment of liability among multiple defendants; distribution of recovery among plaintiffs; and risk-based recoveries and damage scheduling. 2. We will examine the special institutional and procedural problems of resolving mass tort cases, including the choice between class and individual actions; the use of sampling or averaging techniques to avoid separate trials on individual issues; the use of statistical evidence; and difficulties associated with the settlement of large-scale actions. 3. We will look at the distinctive problems of legal ethics and representation raised by mass tort cases, including conflicts of interest between lawyers and clients, conflicts of interest between different groups of plaintiffs, and the financing of litigation. We will attempt to integrate knowledge from a number of fields of law and from other disciplines. Emphasis will be given to the functional analysis of actual practical problems. The winter term will be devoted to reading and discussing the leading cases and scholarship, and selecting paper topics; in the spring term, students will present and comment on draft papers. There is no examination; the final grade will be based on the student's paper and written comments on other students' papers.

Conflict of Laws

Spring term, Block D
Th,F 10:15 AM - 11:45 AM

Professor Joseph Singer
3 classroom credits LAW-33400A Spring

This course examines how courts choose which the law should be applied to transactions, relationships, or occurrences having contacts with more than one state in the United States or with the United States and a foreign nation. The course will also touch on adjudicatory jurisdiction, recognition of foreign judgments, and tribal sovereignty of American Indian nations. We will address the various approaches adopted by states and/or advocated by scholars, focusing on cases involving torts, contracts, property, family law, procedure, and tribal sovereignty. Roughly one-half of the class days will be devoted to a series of moot court exercises. Students will present oral arguments and act as judges, both asking questions and meeting in conference to decide the cases. Students will be required to write short, two-page memoranda on a substantial number of the problem cases and to write a 10-page proposed opinion on one of the moot court cases that will be due at the end of the semes ter. The grade will be based on these papers and the moot court oral presentations. There is no exam. Enrollment is limited to 50 students and enrollment will be limited to 2L and 3L students; 1Ls are not eligible to take this course.

Congress and the Courts: Reading Group

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

Visiting Professor Amanda Frost
1 classroom credit LAW-33450A Fall

This reading group will explore the relationship between the federal courts and Congress. We will meet every other week for 2 hours at a time. We will begin by discussing Congress's power over federal jurisdiction, with a focus on the Supreme Court's decision in Hamdan and the subsequent enactment of the Military Commissions Act. We will review the process of Senate confirmation of nominees to the federal courts, as well as the congressional power of impeachment. We will then turn to the subject of statutory interpretation, including discussion of textualism, intentionalism, purposivism, and the canons of construction. Our goal for this section of the course will be to investigate the interaction between these two branches of government in crafting the meaning of federal law.

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

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

Professor Noah Feldman
4 classroom credits LAW-16930A Spring

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

Constitutional Law Advanced: Borders of the Constitution: Seminar

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

Professor Gerald Neuman
2 classroom credits LAW-91753A Fall

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

Constitutional Law Advanced: Federalism and Separation of Powers

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

Visiting Professor Bradford Clark
3 classroom credits LAW-33655A Spring

This course examines several important aspects of the constitutional structure in depth, and in particular how these features interact. These features include aspects of federalism (including the Supremacy Clause and the political safeguards of federalism), as well as separation of powers (including various doctrines restraining legislative, executive, and judicial power). In particular, the course explores the ways in which separation of powers and federalism interact with, and reinforce, each other. For example, the Supremacy Clause incorporates federal lawmaking procedures (usually studied as an aspect of the separation of powers) as a method of checking federal power and safeguarding federalism. Having made this connection, the course examines various constitutional doctrines in a new light and with explicit focus on how the constitutional structure functions as a coherent whole. The course materials will consist of cases and law review articles.

Constitutional Law: First Amendment A1

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

Professor Charles Fried
4 classroom credits LAW-21100A Fall

The First Amendment: speech, press, assembly, petition and religion.
THE COURSE IS NOT OPEN TO STUDENTS WHO HAVE TAKEN COURSES IN CONSTITUTIONAL LAW THAT HAVE INCLUDED COVERAGE OF THE FIRST AMENDMENT.

Constitutional Law: First Amendment B1

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

Professor Richard Parker
3 classroom credits LAW-21100A Spring

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

Constitutional Law: First Amendment B2

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

Professor Mark Tushnet
4 classroom credits LAW-21100A Spring

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

Constitutional Law: First Amendment C

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

Visiting Professor Donald Herzog
3 classroom credits LAW-21100A Winter

Selected issues in first amendment law, including both speech and religion.

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

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

Professor Martha Field
4 classroom credits LAW-21000A Fall

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

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

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

Professor Richard Parker
4 classroom credits LAW-21000A Fall

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

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

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

Professor Daryl Levinson
4 classroom credits LAW-21000A Fall

This course offers an introduction to American constitutional law. It covers at least three basic sets of ideas. The first is about institutional design: we will examine the institutions of constitutionalism and judicial review as they function against the backdrop of political democracy. The second is about the public/private distinction: throughout the course we will pay close to attention to the way constitutional norms reflect and shape understandings about the appropriate scope of the public sphere. The third is about constitutional law as it has been understood and applied by courts: we will discuss the doctrinal and theoretical framework of a number of areas of law, including federalism, separation of powers, equality, and individual liberty.

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

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

Visiting Professor Vicki Jackson
4 classroom credits LAW-21000A Spring

This course is one of the two basic courses in the field; it focuses on Separation of Powers, Federalism, and the Fourteenth Amendment's Equal Protection and Due Process clauses. The examination will be a page-limited, one-day take home exam.

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

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

Professor Gerald Neuman
4 classroom credits LAW-21000A Spring

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

Constitutions and Property: Seminar

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

Professor Frank Michelman
2 classroom credits LAW-91882A Spring

Over a recent historical span, constitutional drafters have confronted questions about what, if any, provision to make in their instruments regarding property institutions and property rights. Are these proper topics for constitutional recognition and entrenchment? Urgent or compulsory topics? What are the reasons pro and con?
If there is to be such a provision, what is the best way to formulate it (and what are the available choices among forms of constitutional protection for property)? How might specific assessments and understandings respecting a particular country's (or area's) history, traditions, and current situation bear on choices about whether or not to include a constitutional property clause and how best to formulate it?
Of course a parallel set of questions arises, often with greater immediacy, about how best to interpret and apply constitutional property clauses in jurisdictions where the choice to enact them has long since been settled. Much of the material to be examined in the seminar will be concerned with issues of interpretation.
These issues engage important normative debates in the fields both of constitutional law and property law. The seminar will take them up in a comparative setting, drawing from the experience of several countries, including South Africa and Germany. Materials from South Africa will figure prominently because the cluster of questions that concerns us currently attracts a high degree of attention from jurists and scholars in that country, as they did when South Africa's current constitution was being drafted during the 1990s. Completion of a basic course in constitutional law (it can be of any country or jurisdiction, or a comparative course) is required for admission to the seminar.

Contemporary Issues in Law and Politics: Reading Group

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

Visiting Professor Nathaniel Persily
1 classroom credit LAW-33525A Fall

This reading group will cover recent controversies concerning law and politics. Topics to be discussed include same-sex marriage, the torture memos, terrorism cases, desegregation, partisan gerrymandering, the right to die, and other cases to be decided by the Supreme Court during the term.

Contracts 1

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

Professor Scott Brewer
4 classroom credits LAW-11100A Fall

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

Contracts 2

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

Professor George Triantis
4 classroom credits LAW-11100A Spring

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

Contracts 3

Fall term, Block C
M,T,W 10:20 AM - 11:35 AM

Professor Robert Mnookin
4 classroom credits LAW-11100A Fall

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

Contracts 4

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

Professor Charles Fried
4 classroom credits LAW-11100A Spring

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

Contracts 5

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

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

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

Contracts 6

Spring term, Block F
W,Th,F 1:25 PM - 2:40 PM

Professor John Coates
4 classroom credits LAW-11100A Spring

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

Contracts 7

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

Professor Todd D. Rakoff
4 classroom credits Law-11100A Fall

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

Copyright

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

Visiting Professor Pamela Samuelson
3 classroom credits LAW-33800A Fall
2, 3, or 4 optional clinical credits LAW-33800C Fall

The principal features of U.S. copyright law include: what is (and is not) copyrightable subject matter, the originality and fixation requirements for copyright protection, ownership and transfer of rights issues, the scope of protection that copyright law affords to works of authorship, limiting principles, exceptions, and defenses to infringement, standards for judging direct and indirect infringement, and remedies available in copyright lawsuits. Both statutory and common law developments will be considered, as well as neighboring rights such as anti-circumvention rules. Current controversies about the contours of and theoretical underpinnings of copyright and the public domain will be discussed. Comparative copyright law and international treaties affecting copyright law will also be given some attention.

Students who wish to enroll in the class with a clinical component must do so through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Copyright and Other Intellectual Property

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

Professor Lloyd L. Weinreb
5 classroom credits LAW-33800A Spring

The aim of this course is to give students a solid grounding in the law of intellectual property. The first part of the course (about 50%) will examine closely the law of copyright, including general theoretical and doctrinal issues and concrete problems arising out of the ownership and marketing of literary, musical, and artistic works (and computer technology). The balance of the course will consider principal topics in the law of patents (about 20%) and trademark (about 20%), unfair competition, and the right of publicity. Students are expected to participate in class discussions. (Students who have previously taken a course in Intellectual Property or Copyright may not take this course. Students who are on the wait list may be admitted only if they have attended the first class.) Text: Gorman and Ginsburg, Copyright: Cases and Materials (7th ed. 2006) and Supplement, and supplementary materials.

Copyright Reform: Seminar

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

Visiting Professor Pamela Samuelson
2 classroom credits LAW-91888A Fall

This seminar will consider whether the current U.S. copyright law should be reformed and how such a reform might be come about and what some of its features might be. Some reasons to consider reform include the fact that the Copyright Act of 1976 has grown to more than two hundred pages in length. It is also very complex, incomprehensible to a significant degree, and imbalanced in important ways. It lacks, moreover, normative heft. Although the drafters of the Copyright Act of 1976 intended it to be flexible and adaptable as new technologies enabled the creation of new kinds of works, thirty years of experience with the '76 Act has shown that this was an overly optimistic hope. The '76 Act is, moreover, the intellectual work product of a copyright reform process that was initiated in the late 1950's. This legislation was written without giving serious thought to how it would apply to computers, computer programs, or computer networks. Although the statute has repeatedly been amended to deal with technology challenges, this has made the '76 Act less coherent rather than more coherent. Consideration will also be given to how the copyright policymaking process might be reformed.

Corporate Governance in East Asia: Seminar

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

Professor Reinier H. Kraakman and Visiting Professor Hyun-Chul Lee
2 classroom credits LAW-90850A Spring

This seminar will explore the evolution of corporate governance in three principal Asian economies: Korea, Japan, and People's Republic of China. The seminar will open with a review of the general literature on comparative corporate governance, with particular attention to the convergence debate. After this introduction, we will consider our three principal Asian countries. For each, we will first address sources of corporate finance, patterns of equity ownership, and governance institutions. Next, we will examine the response of each country's corporate governance institutions to economic or political challenges. In the Korean case, we will focus on the national debate over the current state and future survival of the large conglomerates (chaebols) at the core of the economy, with an emphasis on the multiple challenges that confront these firms. In the Japanese case, we will focus on recent legal developments associated with the first indications of a hostile takeover market (e.g., the adaptation of its legal system to embrace the defensive tactics developed in the United States). In the Chinese case, we will examine the development of corporate governance institutions in the transition to a market economy. Finally, we will review the trajectory of corporate governance reform in each of these countries and explore how well the legal theories and institutions developed in the western countries have worked in the process. We expect each case study to provide a different perspective on the debate over convergence in corporate law and governance. Nevertheless, we hope that larger communalities will emerge from exploring the three cases together. The written assignments for this seminar will consist solely of discussion memoranda addressing the weekly readings. Seminar participants may write papers for additional credit in tandem with taking the seminar, but not as a substitute for weekly memos. An introductory course in U.S. corporate law or its foreign equivalent is a prerequisite for this seminar!

Corporate Governance: Current Topics and Theories

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

Professor Mark Roe
3 classroom credits LAW-34090A Spring

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

Corporate Governance: Reading Group

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

Professor Lucian Bebchuk
1 classroom credit LAW-34030A Fall

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

Corporate Law Research: Seminar

Fall/Spring term
W 5:00 PM - 7:00 PM

Professor Professor Mark J. Roe
2 classroom credits LAW-91910A Fall/Spring
(1 credit Fall + 1 credit Spring)

This year-long seminar will revolve around student research in corporate law issues. Students will focus on developing a research topic in the fall; we will meet several times in the fall with a view to developing topics. Students will present their research to the seminar in the spring.
The seminar will meet 3 times in the fall on Fridays from 3-5. In the spring it will meet on Wednesdays from 5-7. Prerequisite: Corporations.

Corporations A1

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

Professor Reiner H. Kraakman
4 classroom credits LAW-22000A Fall

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

Corporations A2

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

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

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

Corporations A3

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

Professor Guhan Subramanian
4 classroom credits LAW-22000A Fall

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

Corporations B1

Spring term, Block C
M,T,W 10:20 AM - 11:55 AM

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

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

Corporations B2

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

Visiting Professor Max Schanzenbach
4 classroom credits LAW-22000A Spring

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

Corporations B3

Spring term
M,T 9:45 AM - 12:00 PM

Visiting Professor Jill Fisch
4 classroom credits LAW-22000A Spring

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

Casebook: Allen, Kraakman & Subramanian, Commentaries and Cases on the Law of Business Organization (2nd ed. 2007).

Criminal Defense: Theory and Practice: Seminar

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

Mr. R. S. Sullivan, Jr.
2 classroom credits LAW-91115A Spring

This course will explore and critique the fundamentals of zealous, client-centered criminal defense advocacy. The first part of the semester will focus on the complex moral universe that the criminal defense lawyer inhabits by analyzing relevant ethical rules and social norms that organize and define the criminal defense lawyer's conduct. The second part of the semester will focus on how the criminal defense lawyer develops a "theory of the defense" with the various ethical dilemmas that entail in formulating a defense theory. The third part of the course will focus on motions practice under the Fourth, Fifth, and Sixth Amendments. Short Paper.

Criminal Justice Advocacy: Clinical Seminar

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

Mr. David Poole
2 classroom credits LAW-92010A Spring
2 optional clinical credits Spring

This seminar examines the role of the defense lawyer as an advocate in the criminal justice system, focusing on such aspects of practice as interviewing and counseling, investigation, theory formation and refinement, litigation skills, and dispositional advocacy. It will also examine the criminal and juvenile justice systems, considering such issues as equity, efficiency, ethics, and the constitutionality of all stages of the process.

Readings from a broad variety of sources and disciplines will address these issues, and will provide a framework for weekly discussions. Those discussions will integrate simulations, problems arising from students' clinical work, and a range of advocacy skills. There will be a take-home examination.

Students enrolled in the seminar's clinical component will spend a minimum of ten hours a week representing clients in adult criminal and juvenile delinquency cases in local courts, supervised by clinical instructors at the Criminal Justice Institute. Students will represent their clients at all stages of the process, including interviewing and counseling, investigation, conducting legal research, motions hearings, and trials. They may also represent juvenile clients in administrative proceedings such as school disciplinary and delinquency classification hearings.

This course is open to any 2L or 3L student. (Please note that the Massachusetts practice rule allowing students to represent clients in criminal and juvenile delinquency cases requires that a student be a 3L to "appear" in court. 2L students enrolled in the clinical component participate in all aspects of representing their clients, but the rule requires that the clinical instructor with whom they are working address the court.)

Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Criminal Justice Workshop: Seminar

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

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

This seminar is geared toward students interested in reading and writing legal scholarship on issues related to criminal justice and will be especially useful to students interested in pursuing careers in legal academia in the broad field(s) of criminal justice. The seminar will meet for 2 hours every other week during both the fall and the spring semesters. During the fall semester, criminal justice scholars of varying methodologies will be invited by the professors to present their work to the seminar for discussion (and other members of the community will be invited to attend, as well). During the spring semester, students will present their own work to the (closed) seminar for discussion. Students will be expected to write short weekly response papers and to prepare a research paper of 20-25 pages to present to the seminar. Students who wish to write their third-year papers in conjunction with the seminar may prepare a longer research paper (40-60 pages) instead of the 20-25 page paper and receive an additional credit. There is no exam for this course. Enrollment limited to 12.
Student should send a statement of interest approximately one page in length describing their background and interest in both criminal justice issues and legal scholarship/legal academia. Applications are due on May 1 and should be sent to Kristin Flower at kflower@law.harvard.edu. Students will be informed about their admission to the course (or not) over the summer (as the Registrar's Office will do regarding admission to other electives). IMPORTANT CHANGES in credits and enrollment options. (1) Students who enroll in this seminar by application will receive 3 (rather than 2) credits for the course: 2 credits for attending the workshops and writing the short response papers for each session, and an additional credit for the 20-25 page research paper that will be presented in the spring. Students who write their third-year papers in conjunction with the seminar will get a further additional credit (for a total of 4); their research papers should be in the 40-60 page range. If you would like to enroll in this seminar but did not apply in the spring, you may still apply over the summer by sending, by August 1, a 1-page statement of interest to Professor Steiker's assistant, Kristin Flower at kflower@law.harvard.edu (There is still one 3 or 4-credit space available in this seminar.) (2) IN ADDITION, there is a NEW 2-credit enrollment option for this course for those who would like to attend the workshops (faculty and student papers presented every other week throughout the year) but not write their own research paper. Twelve additional places are being held for these "discussion only" enrollees; these students will be required to write short response papers for each session and to participate in seminar discussions, but NOT to write a research paper. No application is necessary for these 2-credit "discussion only" spots; they will be allocated on a first come, first serve basis.

Criminal Law 1

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

Professor Carol Steiker
4 classroom credits LAW-12100A Fall

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

Criminal Law 2

Fall term, Block C
M,T 10:45 AM - 12:00 PM, W 10:15 AM - 11:30 AM

Professor Daniel Meltzer
4 classroom credits LAW-12100A Fall

This course considers the basic themes of substantive criminal law, including criminal responsibility, the significance of act, intent, causation and result, justification and excuse, and the rationale of punishment. General doctrinal principles of the criminal law and illustrative crimes are studied, usually including the following topics: defenses, insanity, attempts, conspiracy, and aspects of the law of homicide and rape. The course also considers important aspects of criminal procedure, especially as they bear on the way in which the substantive criminal law is administered.

Criminal Law 3

Spring term, Block C
M,T,W 10:20 AM - 11:35 AM

Assistant Professor Adriaan Lanni
4 classroom credits LAW-12100A Spring

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

Criminal Law 4

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

Assistant Professor Jeannie Suk
4 classroom credits LAW-12100A Fall

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

Criminal Law 5

Fall term, Block F
W,Th,F 1:25 PM - 2:40 PM

Visiting Professor David Sklansky
4 classroom credits LAW-12100A Fall

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

Criminal Law 6

Fall term, Block B
W,Th,F 8:30 AM - 9:45 AM

Professor Lloyd L. Weinreb
4 classroom credits LAW-12100A Fall

This course considers the basic themes of substantive criminal law, including criminal responsibility; the significance of act, intent, causation, and result; justification and excuse; and the rationale of punishment. General doctrinal principles of the criminal law, including defenses, insanity, attempts, and conspiracy are studied, as well as the law of homicide, theft, and rape. The course considers also constitutional principles of criminal justice, including search and seizure, the privilege against compulsory self-incrimination, and the right to counsel. Professor Weinreb will use Weinreb, Criminal Law (7th ed.) and Weinreb, Leading Constitutional Cases on Criminal Justice (2007 ed.).

Criminal Law 7

Spring term, Block G
M,T,W 3:30 PM - 4:45 PM

Visitng Professor Kevin Washburn
4 classroom credits LAW-12100A Spring

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

Criminal Procedure Advanced

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

Professor William Stuntz
4 classroom credits LAW-34210A Spring

The subject of this course is the criminal process "from bail to jail." The course will not deal with constitutional restrictions on the police, as those restrictions are covered in the first-year Criminal Law course. Rather, we will examine the legal and policy issues that arise once adversarial proceedings begin--i.e., once lawyers enter the picture. Topics include bail and pretrial detention, prosecutorial discretion, defendants' right to the effective assistance of counsel, plea bargaining, discovery, the right to a jury and jury selection, double jeopardy, and appellate review. With respect to all these topics, the goal is to understand three things: (1) the governing law, (2) how the law affects (or leaves unaffected) realities "on the ground," and (3) the role lawyers--prosecutors and defense attorneys--play in America's criminal justice system.

Cyberlaw: Internet Points of Control

Winter term
M,T,W,Th,F 2:00 PM - 5:00 PM

Visiting Professor Jonathan Zittrain
3 classroom credits LAW-39150A Winter
2, 3, or 4 optional clinical credits Fall or Spring

This course examines current legal, political, and technical struggles for control/ownership of the global Internet and its content. Course themes include the interaction between emerging Internet self-governance regimes and rule by traditional sovereigns; the expression of conflicting interests of commercial and individual Internet speakers/broadcasters; new modes of control over widely distributed intellectual property; and the potential for market giants and other architects of Internet technologies to constrain behavior online in ways governments find difficult to assimilate. Classroom discussion of these topics may be augmented by online discussion software through which students will have one-on-one exchanges about issues in the course. No specialized technical expertise is required, so long as students are prepared to use and experiment with new technologies as part of their coursework and participation. Cyberlaw I: Basic Internet is not a prerequisite for this course. Students interested in writing their third-year papers in conjunction with this course should consult the instructor.
Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

CyberOne: Law in the Court of Public Opinion

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

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

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

Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

CyberOne: Law in the Court of Public Opinion

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

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

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

Students who would like to take this class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

CyberOne: Law in the Court of Public Opinion

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

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

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

Students who would like to take this class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Democracy and Legal Theory: Seminar

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

Visiting Professor Allan Hutchinson
2 classroom credits LAW-92545A Fall

This seminar will seek to explore the implications of taking a vigorously democratic approach to issues of traditional legal theory. The first part of the course will introduce the democratic vision and examine the complementary philosophy of a Dewey-inspired pragmatism. This will be followed by an examination from a pragmatic perspective of the dominant theories of analytical jurisprudence in both its positivist and naturalist format. Emphasis will be on the contested concepts of 'truth', 'facts' and 'law/morality relation'. The final part of the course will explore what a more uncompromising democratic/pragmatic agenda for law and legal theory would entail. No philosophy-training is required. Students will be expected to take responsibility for leading certain classes and to write a couple of short papers or one longer paper on a selected topic or readings. The materials for the course will be a set of edited readings.

Disability Rights: Seminar

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

Ms. Elizabeth Bangs
2 classroom credits LAW-92770A Spring

This seminar will explore the current state of disability rights in the United States and abroad at the intersection of social science, cultural studies, and the law. We will discuss a variety of texts -- including critical disability theory, first-person narratives, news articles, and case law -- and topics including disability and gender, care of seriously disabled newborns, and euthanasia, as well as employment, education, and independent living. It is through these discussions that we will come to understand the relevant statutory schemes, including the Americans with Disabilities Act and the Individuals with Disabilities Education Act, as well as the interesting theoretical questions posed by disability rights law. Our two primary questions: What is a disability? What does it mean not to discriminate against people with disabilities?

Course materials:
Leslie Pickering Francis & Anita Silvers, Americans with Disabilities: Exploring Implications of the Law for Individuals and Institutions (2000). Joseph P. Shapiro, No Pity: People with Disabilities Forging New Civil Rights Movement (1994). Course pack at distribution center ("CP").

Dispute Systems Design: Seminar

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

Assistant Clinical Professor Robert Bordone
2 classroom credits LAW-92792A Fall
2 optional clinical credits LAW-92792C Fall

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

Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information. Clinical enrollment limited to 10 students.

Economic Analysis of Law

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

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

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

Educational Policy Making and the Courts

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

Visiting Professor Michael A. Rebell
3 classroom credits LAW-35245A Winter
2, 3, or 4 optional clinical credits LAW-35245C Fall or Spring

From the beginning of the American experience, law has created, shaped and defined the purposes of our system of public education. Schools have been the prime vehicles for inculcating society's values, as well as the main mechanisms for reforming those values. These complex policy issues have often been played out and resolved in the courts. This course will analyze the role of the courts in educational policymaking and the impact of legal interventions on the educational process. Subject areas covered will include political socialization, student free speech, religion and the schools, school desegregation, rights of the disabled, education finance reform and privatization and vouchers. We will also consider the extent to which the federal No Child Left Behind Act is promoting or impeding meaningful educational opportunities for all students.

Since Brown v. Board of Education, courts have been called upon to oversee far-reaching institutional reforms, involving school desegregation and a host of other issues, that bear little relationship to traditional judicial remedies. The course will also examine the legal and political justifications for this "judicial activism," as well as to the courts' capacity to undertake these functions. Particular attention in this regard will be given to school desegregation cases in the federal courts and fiscal equity/ education adequacy litigations in the state courts.

Clinical work will take place at the Special Education clinic / Trauma and Policy Learning Initiative of the WilmerHale Legal Services Center during the fall or spring semester. Clinical students must enroll in a 1 credit clinical workshop in addition to the course and clinical (Fall: W 5-7pm; Spring: W 5-7pm). Students who would like to do the optional clinical component must enroll in the clinical section (Fall clinical: LAW-35245C-1/F; Spring clinical: LAW-35245C-1/S). Enrolling in the clinical section will automatically enroll students in the course, clinical, and workshop. Refer to the Office of Clinical and Pro Bono Programs website for drop/add deadlines and other clinical registration information.

Eighth Amendment Prohibition on Cruel and Unusual Punishment (The): Seminar

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

Visiting Professor Sharon Dolovich
2 classroom credits LAW-93015A Spring

The Eighth Amendment's cruel and unusual punishment clause is the constitutional provision that limits what the state can do to convicted criminal offenders as punishment. Substantive challenges to the death penalty, claims of excessively long prison sentences, and a host of claims regarding prison conditions are all dealt with by the courts under this clause. For those interested in criminal justice policy and penal policy in particular, therefore, understanding the Eighth Amendment is a must. In this seminar, we will focus on the Eighth Amendment ban on cruel and unusual punishment, both its doctrine and a range of theoretical issues that arise from its interpretation. Although we will touch on the death penalty, our main focus will be on the relatively under-explored areas of prison sentences and prison conditions. Doctrinal topics will include disproportionality challenges to prison sentences as well as claims of medical neglect, unduly harsh conditions of confinement, failure to protect from rape or violent assault, and the use of excessive force by guards. Theoretical issues to be covered will include: the meaning of "evolving standards of decency" and "deliberate indifference," the role of history in constitutional interpretation, the appropriate place of prisoners and prisoners' rights in the Constitutional scheme, and the relationship between prisoners' rights and minority protection. Materials will include cases, law review articles and some non-law materials. Students will be expected to produce short (1000 words) weekly response papers and will also have the option for a final paper on a topic of their choice for an additional written work credit. Laptops cannot be used in class.

Election Law and Partisan Competition: Seminar

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

Mr. David Schleicher
2 classroom credits LAW-93016A Spring


This seminar will explore the effect election laws and regulations have on the structure of partisan competition in American elections and on the outcome of those elections. Through a study of both the competence of various institutional actors tasked with regulating elections (agencies, the courts, state legislatures, etc.) and the substance of the rules they create, the course will explore how partisan competition is regulated, how well serves those regulations serve underlying values, like representation and stability of outcomes, and how rules may be modified to better serve those (or other) values. Special focus will be put on the problem of self-dealing created by the passage of election laws by legislatures populated by members of political parties and on the role market metaphors can play in understanding the regulation of partisan competition.

There are no prerequisites for this seminar. Readings will include a variety of court decisions and articles from both legal scholars and political scientists. Students will be expected to participate actively in class and will have the choice of writing several reaction papers or writing one longer paper.

Empirical Analysis of Law: Seminar

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

Professor Elizabeth Warren
3 classroom credits LAW-92825A Fall/Spring
(1 credit Fall + 2 credits Spring)

In a rapidly changing economy, economic units of all sizes--families, small businesses, large corporations, and multinational enterprises--are undergoing profound changes. Policy decisions to influence those changes are often made in a vacuum, free from the impact of pesky facts. This course is designed to move the factual inquiry into a more central role in policy making. In this year-long seminar, students will develop their own empirical research projects about some aspect of economic change. These projects may involve creation of original data sets, use of existing data sets, or synthesis of earlier studies. Some students will work alone on their projects, while others will work in teams on larger projects, combining their skills and dividing the work. The goal of each project is a publishable paper that contributes some previously-unknown information to an ongoing policy debate. Some students may need to enroll in a course outside the law school on basic statistics and/or to seek help from a teaching assistant on the technical aspects of the work. Papers for this course also satisfy the 3L writing requirement. Admission to the class is on permission of the instructor. To express interest, please send a short email to ewarren@law.harvard.edu with three pieces of data:

1. Why are you interested in this seminar?
2. Do you have a research question in mind already? If so, please describe. (Note: Not having a research question is NOT disqualifying.)
3. What are your long-term career interests (practice, public interest, policy-federal, policy-state, academics, other)?

Empirical Analysis of Law: Seminar

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

Professor Elizabeth Warren
3 classroom credits LAW-92825A Fall/Spring
(1 credit Fall + 2 credits Spring)

In a rapidly changing economy, economic units of all sizes--families, small businesses, large corporations, and multinational enterprises--are undergoing profound changes. Policy decisions to influence those changes are often made in a vacuum, free from the impact of pesky facts. This course is designed to move the factual inquiry into a more central role in policy making. In this year-long seminar, students will develop their own empirical research projects about some aspect of economic change. These projects may involve creation of original data sets, use of existing data sets, or synthesis of earlier studies. Some students will work alone on their projects, while others will work in teams on larger projects, combining their skills and dividing the work. The goal of each project is a publishable paper that contributes some previously-unknown information to an ongoing policy debate. Some students may need to enroll in a course outside the law school on basic statistics and/or to seek help from a teaching assistant on the technical aspects of the work. Papers for this course also satisfy the 3L writing requirement. Admission to the class is on permission of the instructor. To express interest, please send a short email to ewarren@law.harvard.edu with three pieces of data:

1. Why are you interested in this seminar?
2. Do you have a research question in mind already? If so, please describe. (Note: Not having a research question is NOT disqualifying.)
3. What are your long-term career interests (practice, public interest, policy-federal, policy-state, academics, other)?

Employment Civil Rights Clinical Workshop

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

Mr. Stephen Churchill
2 classroom credits 35312A Spring
Required clinical credits: 35312C (2, 3, or 4 Spring) or (2 Winter and 1 or 2 Spring)

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

The workshop will be limited to 12 students.

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

Employment Clinical Workshop

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

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


The course would cover lawyering skills in the context of employment law. After a brief overview of relevant doctrine and procedure, the course will cover, through lectures and exercises, skills such as interviewing, case analysis, counseling, negotiating, written and oral advocacy, ethics, and discovery tactics. All students will have a clinical placement, either at the Employment Law Clinic of the WilmerHale Legal Services Center or at externships with private firms, advocacy groups, or government agencies (such as the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission). All placements will include exposure to some aspect of employment law and will play an important role in bringing diverse perspectives to the workshop. The workshop will require completion of an individual or group project that will connect clinical placements with course topics. Students enrolling in this class also may want to consider enrolling in the Employment Civil Rights Clinical Workshop in the spring, which focuses on doctrine, policy, and enforcement strategies in the area of employment civil rights.

The workshop will be limited to 12 students.

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

Employment Discrimination

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

Professor Elizabeth Bartholet
3 classroom credits LAW-35330A Spring

This course addresses developments in civil rights law in the important context of the workplace. We will look at the growing body of law designed to protect against discrimination based on race, gender, age, or disability. We will examine the ongoing debate in the Supreme Court, Congress, and the nation as to the appropriate meaning of the anti-discrimination norm, a debate that involves questions as to intent as compared to impact theories, individual as compared to group theories, affirmative action, and mandatory arbitration. At issue in this debate is the future of much of the law governing discrimination developed in the 1960s - 70s.

We will compare race discrimination to problems involving gender, age and disability, and also touch on national origin and religious discrimination. We will consider work/family conflict, sexual harassment, reasonable accommodation doctrine, and other issues of current controversy and significance. Throughout, we will assess and compare discrimination theories developed in different ages and eras.

There will be a take-home examination.

Students interested in a clinical experience are encouraged to consider the spring course entitled Employment Civil Rights Clinical Workshop taught by Lecturer on Law Stephen Churchill.

Employment Law

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

Visiting Professor James Brudney
4 classroom credits LAW-35300A Spring

This course covers state and federal regulation of terms and conditions of employment. It addresses major legal issues confronting employees in the modern workplace, with the exception of relations between unions and management and issues involving status-based discrimination (race, sex, disability, or other statutorily protected traits). The course deals with issues that often arise at early stages of employment: these include employer information-gathering through references and background checks; the use of polygraphs and drug-testing; protecting privacy on the job; and employer limitations imposed on employees' speech as well as their off-work behavior. It also addresses issues related to termination of employment, including common law and statutory erosions of the employment-at-will doctrine; federal law developments regarding plant closings and large-scale layoffs; and restrictions on an employee's right to quit or pursue future employment. Finally, the course focuses on one particular term and condition of employment--worker safety and health--by examining issues arising under the federal Occupational Safety and Health Act; state worker's compensation systems; and the interstitial presence of tort law

Environmental Law

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

Professor Jody Freeman
4 classroom credits LAW-35500A Spring
2, 3, or 4 optional clinical credits LAW-35500C Spring

This introductory course will focus on the variety of legal mechanisms we use to address environmental harms such as air and water pollution, global climate change, and habitat destruction. We begin with common law property doctrines such as nuisance, but most of the course focuses on the key federal environmental statutes: the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act and Superfund (which regulate hazardous waste), and the Endangered Species Act. These statutes will be studied in some detail so that students emerge with a basic understanding of their key provisions. Thematically, the statutes serve as illustrations of different regulatory approaches to environmental problems. Students need not be self-identified "environmentalists" to benefit from this course. Nearly every area of law is now affected by environmental regulation, including corporate law, real estate and bankruptcy. The legal issues presented by environmental problems offer ample opportunities for students to develop important and transferable legal skills, including statutory interpretation, constitutional analysis and regulatory design. In addition to federal statutes, we will discuss important matters of policy, including state efforts to address climate change as well as recent developments in Commerce Clause, Takings and Standing jurisprudence that affect federal environment regulation; the role of cost-benefit analysis and science in environmental regulation; and the emergence of "contractual" or negotiated approaches to environmental regulation. Finally, we will discuss the political economy of environmental regulation, specifically the role played by interest groups (both industry and environmental organizations) in producing, implementing and enforcing environmental law. Students wishing to earn clinical credit in environmental law for Fall 2007 must do so under the supervision of the Environmental Law and Policy Clinic Director. Beginning in Spring 2008, students may enroll directly in the new HLS Environmental Law and Policy Clinic. The course on administrative law would be helpful but is not a pre-requisite.

Laptops cannot be used in class.

Students who would like to participate in the clinical component must enroll through clinical course registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Environmental Law Practice: Skills, Methods, and Controversies (CLINICAL)

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

Ms. Wendy Jacobs
2 classroom credits LAW-93025A Spring
2, 3, or 4 optional clinical credits LAW-93025C Spring

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

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

The seminar will be limited to 20 students. Administrative Law or Environmental Law is a pre-requisite or co-requisite. Enrollment will occur during the Winter and Spring course registration on MyPlan from November 5-8, 2007. Students involved in clinical work through Professor Jody Freeman's Environmental Law course are encouraged to enroll.

This seminar will offer an optional clinical component in which students will spend ten, fifteen or twenty hours per week working on environmental cases/projects either at an offsite placement or within the Environmental Law & Policy Clinic (ELPC) itself. Students who wish to enroll in the seminar with a clinical component should participate in the Winter and Spring course registration on MyPlan from November 5-8, and select their preference for the clinical section of this seminar. Students who are enrolled in the clinical section are also automatically enrolled in the seminar.

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

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

Ms. Wendy Jacobs
2 classroom credits LAW -93025A Spring
2, 3, or 4 optional clinical credits LAW -93025C Spring

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

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

The seminar will be limited to 20 students. Administrative Law or Environmental Law is a pre-requisite or co-requisite. Enrollment will occur during the Winter and Spring course registration on MyPlan from November 5-8, 2007. Students involved in clinical work through Professor Jody Freeman's Environmental Law course are encouraged to enroll.

This seminar will offer an optional clinical component in which students will spend ten, fifteen or twenty hours per week working on environmental cases/projects either at an offsite placement or within the Environmental Law & Policy Clinic (ELPC) itself. Students who wish to enroll in the seminar with a clinical component should participate in the Winter and Spring course registration on MyPlan from November 5-8, and select their preference for the clinical section of this seminar. Students who are enrolled in the clinical section are also automatically enrolled in the seminar.

Ethics and Health Policy

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

Professor Norman Daniels (Harvard School of Public Health)
3 classroom credits LAW-31451A Spring

Many areas of health policy, including health law, raise difficult ethical issues, including basic questions about social justice. An account of justice for health and health care should answer such basic questions as: Is health of special moral importance? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? What is the role of consent to risk in the distribution of the benefits and burdens of risk taking in health policy? Can we reconcile answers to these questions with concerns about various liberties? Answers to these questions are examined in the context of various health policy issues, including such topics as these: Is there a right to health or health care? What can such a right claim mean under resource limits? What implications are there for the design of health systems? What kinds of medical underwriting should we permit? Do health workers have a duty to treat despite risks they face? Is risk regulation in the workplace unduly paternalistic? Can we allocate health care resources by age? Should we permit the sale of organs? Should Medicare coverage decisions take into account the opportunity costs of introducing new therapies? What ethical problems face resource allocation methodologies, such as cost effectiveness analysis, that might be used to consider opportunity costs? How do we establish program priorities when pursuing a human rights based approach to health? What obligations do we have to address international health inequalities?

Ethics, Biotechnology, and Law: Seminar

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

Professor Michael Sandel
2 classroom credits LAW-93370A Fall

The seminar explores the moral, legal, and political implications of recent advances in biotechnology. Topics will include human cloning, stem cell research, sex selection, genetic engineering, eugenics, genetic discrimination and insurance, and the patenting of life forms. Readings will be drawn from bioethics, political theory, and law. Requirements include regular attendance and participation and a seminar paper. Enrollment is limited to 14 law students, and some additional Ph.D. students from the Faculty of Arts and Sciences. Enrollment is by permission of the instructor. Preference will be given to students who have some background in political theory, ethics, biology, or biotechnology. Interested students should contact Professor Sandel at msandel@gov.harvard.edu before the end of June, with a short statement of their background and interests.
Michael J. Sandel is the Anne T. and Robert M. Bass Professor of Government in the Faculty of Arts and Sciences.

European Law and Social Change: Seminar

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

Visiting Professor Daniela Caruso
2 classroom credits LAW-93035A Spring

This seminar is conceived as a complement to basic EU Law courses, but it is open to anyone who is interested in the ongoing transformation of the socio-legal landscape of the European Union. Among the topics to be discussed are: The Role of Religion in the Law and Politics of the European Union; Free Movement of Persons and Moral Diversity; Supranationalism and Regulation of Immigration Patterns; The Redistributive Impact of Structural and Cohesion Funds; Science as Perception: Trade and Cultural Battles over Hormones, Environment, and Tobacco; Humanitarian Aid and Development Policies.
Students are expected to write papers and to discuss drafts in class.

European Union Law

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

Visiting Professor Daniela Caruso
3 classroom credits LAW-35800A Spring

The course provides a general introduction to the legal system of the European Union. Reading materials, lectures and discussions will focus on the following themes: 1) The Institutional and Constitutional Architecture of the Union and its Evolution. 2) Intra-Union Trade in Goods and Services. 3) Free Movement of Persons, Citizenship, and Human Rights. 4) Selected Issues of International Trade and External Relations of the European Union.

Evidence A1

Fall term, Block F
W,Th 1:30 PM - 3:00 PM

Visiting Professor Peter Murray
3 classroom credits LAW-36000A Fall

In a trial of the facts to a jury, the respective trial lawyers strive to recreate in the consciousness of the fact-finders clear and credible images of events and circumstances from real life. The trial lawyers' presentations relate facts proven by evidence to the common experience of the fact-finders in order to generate inferences of other facts not directly provable.


The law of evidence regulates this process and legitimates outcomes in the Anglo-American jury trial tradition. In this course the rules of evidence are presented and studied in the context of effective trial advocacy with some consideration of comparative perspectives on fact-finding in various legal systems.


The course is structured around the Federal Rules of Evidence but also includes evidence issues from other sources. The basic topics of relevance, hearsay, form of direct and cross examination, rules of exclusion, illustrative aids, impeachment, authenticity, expert testimony, best evidence, privilege, and unfair prejudice will be covered through study and discussion of trial problems as well as of rules and cases.


Text: Green, Nesson, and Murray, Problems, Cases and Materials on Evidence (3rd ed. 2003), plus Evidence Rules Supplement, and computer-aided instructional materials. The course text, lecture notes, assignments, and additional materials will be available on the course website. Evidence is a prerequisite for the Trial Advocacy Workshop and can be the basis for certification to practice in conjunction with any of the Law School's clinical offerings.

Evidence A2

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

Professor Bruce Hay
4 classroom credits LAW-36000A Fall

This course examines the rules, doctrines and policies governing the presentation of proof in American trials, along with some of the conceptual and cultural underpinnings of the idea of legal proof.

Evidence B1

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

Professor Scott Brewer
3 classroom credits LAW-36000A Spring

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

Evidence B2

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

Visiting Professor David Sklansky
3 classroom credits LAW-36000A Spring

This course addresses the basic rules of evidence, why they exist, and how they operate. Topics to be covered include relevance, hearsay, confrontation, character evidence, competence, impeachment, rehabilitation, opinion testimony, scientific proof, privileges, authentication, presumptions, demonstrative evidence, and judicial notice. We will examine how the Federal Rules of Evidence and their state counterparts work--or fail to work--in the courtroom and on appeal, the constitutional doctrines that supplement and constrain those rules, and the continuing controversies about the wisdom and fairness of these rules and doctrines.

Evidence C

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

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

We study the process and law of proof in American jury trial. Within that frame, we explore the nature of truth, perception, memory, credibility, clarity, relevance, prejudice, hearsay, confrontation and privilege. Our approach is conceptual and rhetorical, with focus on the principles from which the rules of evidence arise rather than upon the rules themselve.

Expert Witnesses and Litigation

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

Assistant Professor Jim Greiner
3 classroom credits LAW-36335A Spring

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

The course has several aims. First, it will explore the role of the expert witness in modern litigation, and in doing so, teach students how to deal with experts. Second, it will examine the role of quantitative methods in legal settings, litigation included. Federal civil rights legislation, mass torts, and the emergence of the class action, among other phenomena, have placed great emphasis on the use of quantitative methods in understanding legally important sets of events occurring over time and space. Third, it will use the interaction between lawyer and quantitative expert as one of countless examples in which lawyers must communicate and work effectively with persons possessing special expertise. Finally, it will provide law students with an opportunity to experience the joys of pretrial civil litigation.

This course's only absolute prerequisite is Civil Procedure. Prior classes covering topics in election law, evidence, employment discrimination, or quantitative methods, as well as any clinical experience, might be helpful but are not required. In particular, the course presumes no quantitative background on the part of law students. Enrollment will be limited to achieve an appropriate balance of law and quantitative students.

Faculty Leader Meeting 1

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

Faculty Leader Meeting 2

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

Faculty Leader Meeting 3

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

Faculty Leader Meeting 3

Spring term
F 3:30 PM - 5:30 PM

Faculty Leader Meeting 4

Fall term
F 2:30 PM - 4:00 PM

Faculty Leader Meeting 4

Spring term
F 2:30 PM - 4:00 PM

Faculty Leader Meeting 5

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

Faculty Leader Meeting 6

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

Faculty Leader Meeting 6

Spring term
W 12:00 PM - 1:30 PM

Faculty Leader Meeting 7

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

Families and Children: Law and Policy Clinical Workshop A

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

Mr. Robert Greenwald
2 classroom credits LAW-36515A Fall


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

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

This section is for students who will work at the Legal Services Center in the Family Law, Domestic Violence, Family Law Mediation, or GLBT clinics.

Families and Children: Law and Policy Clinical Workshop B

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

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

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

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

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

Family Law

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

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

This basic course is an introduction to the legal doctrines and policies that regulate family and other intimate relationships. The course will examine marriage, alternatives to marriage (common law marriage, civil unions, "covenant marriage" regimes, cohabitation, singleness, and nonrecognition of legal relatedness), divorce, child custody, property division, alimony, child support, and parenthood. Substantial coverage will be devoted to constitutional rights in family law, such as the right to privacy in sex, reproduction, and raising children; the right to marry; and the problem of equality. Laptops cannot be used in class.

Federal Budget Policy: Seminar

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

Professor Howell Jackson
2 classroom credits LAW-93910A Spring

The goal of this course is to introduce students to the federal budget process and provide opportunities to participate in original research into topics of current interest in the field. At the beginning of the semester, students will be introduced to the basic structure of the federal budget process, including the President's Budget, which is typically released in early February. We will explore the roles of all three branches of government in setting budget policy in the United States. Later in the semester students will prepare and present papers on various aspects of budget policy, focusing on issues of current interest, including proposals for reforming budget policy. Examples of student papers from recent years are available at http://www.law.harvard.edu/faculty/hjackson/ budget.php. Students interested in writing more extensive papers on related topics for additional credit are welcome to do so. Students are welcome to expand their work for the seminar into more extensive research papers, including third year papers or independent writing projects. Readings will be from Fiscal Challenges: An Interdisciplinary Approach to Budget Policy (forthcoming 2007) (Howell Jackson, et al., eds.) and additional distributed materials.

Federal Courts and the Federal System A

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

Professor Richard Fallon
5 classroom credits LAW-36900A Fall

This course is a study of the federal courts in the operation of the federal system. It is an advanced course in public law, judicial administration, and constitutional and civil rights litigation and will assume a knowledge of substantive constitutional law. Topics include the case or controversy requirement; the power of Congress to regulate the jurisdiction of the Supreme Court and the lower federal courts; federal question jurisdiction; doctrines of sovereign and official immunity; federal common law; Supreme Court review of state court judgments; and federal habeas corpus. Constitutional law is a prerequisite. The casebook is Richard H. Fallon, Jr., Daniel J. Meltzer, and David L. Shapiro, Hart & Wechsler's The Federal Courts and the Federal System (5th ed. 2003), along with its 2007 Supplement.

Federal Courts and the Federal System B1

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

Professor Martha A. Field
5 classroom credits LAW-36900A Springl

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

Federal Courts and the Federal System B2

Spring term, Block C
M,T,W 10:15 AM - 12:00 PM

Professor Daniel J. Meltzer
5 classroom credits LAW-36900A Spring

This course is a study of the role of the federal courts in the operation of the federal system. This is an advanced course in public law, judicial administration, and constitutional and civil rights litigation. The course will cover the following topics: the power of Congress to regulate the jurisdiction of the Supreme Court and lower federal courts; the case or controversy requirement; federal question jurisdiction, including special attention to problems of constitutional litigation against the states and abstention doctrines; doctrines of sovereign and individual immunity; choice of law in the federal courts and federal common law; Supreme Court review of state court judgments; and federal habeas corpus. Constitutional Law: Separation of Powers, Federalism, and Fourteenth Amendment, or the basic Constitutional Law course (as given prior to 2007-08) is a prerequisite; students who have not completed that prerequisite may enroll only with the permission of the instructor. Richard H. Fallon Jr., Daniel J. Meltzer, and David L. Shapiro, Hart and Weschler's, The Federal Courts and the Federal System (5th ed. 2003)

Federal Criminal Law

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

Professor William Stuntz
3 classroom credits LAW-36930A Fall

This course explores the law of federal crimes. That law is mostly ignored in first-year criminal law courses, but it plays a prominent role in contemporary debates about crime policy. Consider a few examples: The law of white-collar crime barely existed a generation ago; it now occupies a large and important place in the world of criminal practice, and it is almost entirely a federal-law field. The same is true of the law of racketeering. The Federal Sentencing Guidelines, together with the state guidelines they have inspired, have revolutionized criminal sentencing; the current judicial revision of those guidelines may produce a second sentencing revolution. The federal government plays a large and still evolving role in drug law and enforcement. Last but not least, the battle against terrorism has consumed enormous resources--yet has also produced surprisingly few prosecutions and convictions. The bottom line is clear: federal criminal law is the battleground for the most basic issues of crime policy.

In surveying that battleground, the course will proceed at two levels. One is doctrinal, and fairly technical: we will cover in some detail the scope of federal criminal jurisdiction and the intricacies of RICO, money laundering, and mail fraud doctrine. The other is more open-ended and policy-oriented. We will discuss the merits of federalizing white-collar crime, and of using the federal justice system to attack different sorts of organized crime: old-style Mafia families, contemporary drug rings, and terrorist organizations. The goal is to give students a working knowledge of the basic doctrinal structure of federal criminal law, while at the same time exploring in some depth several larger issues concerning how the government deals with crime.

There will be an examination. There is no paper option.

Federal Indian Law

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

Visiting Professor Kevin Washburn
3 classroom credits LAW-37010A Spring

This course will focus primarily on the legal relationship between the United States, the states, and American Indian tribes, the general form of which began to take shape even before the United States actually came into existence. It will also explore, confront and critique the dominant themes of federal legislative executive and judicial policies toward American Indian tribes. Through discussion of specific cases, students will gain an understanding of competing visions of Indian policy, such as the one reflected in the principle that the federal government has a trust responsibility toward Indian tribes, the alternative and somewhat inconsistent view that sovereign tribes should exercise self-government, and the fervently held, but largely unrealized hope that American Indians will cast aside their tribal governmental identities and assimilate into the broader American melting pot. Students will gain an understanding of the current legal and political status of the "Third Sovereign" in a constitutional government system that was designed primarily with only two sovereigns in mind.

Federal Litigation: Civil

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

Professor David Rosenberg
3 classroom credits LAW-37110A Spring

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

Federal Public Land and Resources Law

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

Visiting Professor John Leshy
3 classroom credits LAW-36975A Fall
2, 3, or 4 optional clinical credits LAW-36975C Fall

This course covers the principal laws and legal doctrines that govern management of nearly one-third of the nation's land base, that owned by the U.S. government. It begins with a history of federal land policy, exploring how and why such a large body of lands came to be in federal ownership. Then attention is turned to constitutional issues, the relationship between the executive and the legislative branches, judicial review questions, generic laws that govern most federal lands decisions (such as the National Environmental Policy Act and the Endangered Species Act), the federal land planning process, and laws and policies that govern management of national parks, forests, wildlife refuges, recreation and conservation areas, wild & scenic rivers, and wilderness. Considerable attention will be given to contemporary policy disputes over such lands and resources. There are no prerequisites. Credit is based upon a final examination.

The text is Coggins, Wilkinson, Leshy and Fischman, Federal Public Land & Resources Law (6th ed., Foundation Press, 2007).

Students who wish to take this course with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Financial Regulation in a Global Economy: Seminar

Fall/Spring term, Block E
M,T 1:15 PM - 2:45 PM

Professor Howell Jackson
2 classroom credits LAW-93945A Fall/Spring
(1 credit fall + 1 credit spring)

This seminar is intended for students who are interested in international finance and the structure of financial regulation in an increasingly globalized economy. The central focus of attention for the 2007-2008 seminar will be the manner in which U.S. financial regulations does and should apply to foreign financial services firms and cross-border transactions. This is an area of particular interest in U.S.-E.U. relations, but is also relevant to many other jurisdictions. In this seminar, we will compare regulatory systems in various jurisdictions and also explore the many different ways that U.S. financial authorities treat foreign firms and cross-border transactions in different sectors of the financial services industry. The seminar will meet throughout the year, roughly once every other week. The initial sessions will provide background on the subject. Later, the focus will turn to the presentation of student research as well as occasional talks from outside speakers from practice or government. To accommodate the schedules of outside speakers, some seminar sessions may be held during lunch hours. Students will be asked to prepare two short papers researching specific topics of current interest. Those who are interested in writing more extensive paper may do so for additional credit. For an example of the kind of topic that we will be exploring in this seminar, see the symposium on cross-border access to U.S. investors in the Winter 2007 issue of the Harvard International Law Journal: http:// www.harvardilj.org/print/102. Second year students may enroll in this seminar, but should consult with the instructor before the first class meeting. Materials to be distributed.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 1:00 PM - 3:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 1:00 PM - 3:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
F 1:00 PM - 3:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
F 1:00 PM - 3:00 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

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

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

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

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

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

Fall/Spring term
Th 3:00 PM - 4:45 PM

The First-Year Legal Writing and Research Program (LRW) is a series of exercises introducing students to the way lawyers analyze and frame legal positions in litigation, conduct legal research, and present their work in writing and in oral argument. Students actively learn research and writing skills by preparing initial and final drafts of memoranda and briefs and by becoming familiar with accessing electronic research materials. In the spring, each first-year student is required to participate in the First-Year Ames Moot Court Program as a part of LRW, and to brief and argue a moot appellate case in a team of two.

The course meets most weeks either for a two hour class or an individual conference. It carries two academic credits each semester and is graded honors/pass/low pass/fail. First-year law students in the Program are instructed by Climenko Fellows--promising legal scholars with high academic achievements and a strong interest in pursuing a career in law teaching--as well as by research librarians and upper-class teaching assistants.

Food and Drug Law

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

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

This course explores the full range of federal regulation of products subject to the jurisdiction of the Food and Drug Administration (FDA). These products include food, human prescription and nonprescription drugs, animal feed and drugs, biologics and blood products, medical devices, and cosmetics, which together comprise approximately 25% of the gross national product. The course examines the public policy choices underlying the substantive law, FDA enforcement power, and agency practice and procedure. The course covers such contemporary issues as protecting against unsafe or mislabeled food, controlling carcinogens, expediting approval of AIDS and cancer drugs, importing drugs from abroad, switching drugs from prescription to nonprescription status, balancing the benefits and risks of breast implants, compassionate use of experimental products, control of such biotechnology techniques as gene therapy, requiring adequate consumer and professional labeling for FDA-regulated products, and the relationship among international, federal, and state regulatory requirements. A prior course in Administrative Law is desirable but not a prerequisite.

Enrollment in this course is limited to seventy-two students. Sixty students will be enrolled through the Pre-Registration General Lottery. The remaining twelve places will be reserved for students who are not selected for the course by the lottery but who choose to combine the course paper with the third-year Written Work Requirement.

The required course paper may be combined with the Written Work Requirement. This applies to students who take the course as a 2L or a 3L. Students who know that they wish to choose this option should inform the Registrar and e-mail the instructor at phutt@cov.com.

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

Foreign Relations and Constitutional Structure: Seminar

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

Visiting Professor Bradford Clark
2 classroom credits LAW-93947A Spring

This seminar examines the relationship between foreign relations and several features of the constitutional structure: (1) the constitutional allocation of powers among the three branches of the federal government to conduct foreign affairs; (2) the constitutional division of powers between the United States and the states with respect to foreign affairs; and (3) the role of federal courts in policing the constitutional allocation and division of powers in connection with foreign relations. Readings will consist of law review articles and Supreme Court opinions. Topics will include the political question doctrine, the act of state doctrine, the scope of the treaty power, congressional-executive agreements, sole executive agreements, dormant foreign affairs preemption, interpreting the Constitution and federal statutes in light of international law, the Alien Tort Statute, and the status of customary international law in U.S. courts. Students will be responsible for (1) reading assigned materials, (2) preparing written critiques and defenses of assigned materials, (3) discussing critiques, defenses, and assigned materials in class, and (4) preparing a final paper.

Foreign Relations Law

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

Visiting Professor Curtis Bradley
3 classroom credits LAW-37355A Winter

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as the post-September 11 war on terrorism and the war in Iraq.

Freedom: Seminar

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

Professor Charles R. Nesson
2 classroom credits LAW-93965A Spring

Led by Charles and Fern Nesson. This seminar will ask the ultimately unanswerable questions about the nature of freedom and how we handle it. We will read widely in philosophy, science, literature, and law. Fern and I would like to open up a discussion with prospective students in which we plan our detailed curriculum together. We propose to do this by seeding a wiki with our starting suggestions. Students will be asked to write a paper in conjunction with the seminar.

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

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

Professor Elizabeth Bartholet
2 classroom credits LAW-93971A Spring

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

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

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

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

Future of the United Sentencing Guidelines (The): Reading Group

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

Visiting Professor Max Schanzenbach
1 classroom credit LAW-37505A Spring

The reading group will focus on the future of federal criminal sentencing in light of recent Supreme Court decisions in Booker, Blakely, and Gall. Special attention will be paid to empirical scholarship on criminal sentencing, but readings will include Supreme Court cases and doctrinal articles by legal scholars.

Future(s) of the Large Law Firm: Seminar

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

Professor David B. Wilkins
2 classroom credits LAW-93940A Spring

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

Gaming Law

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

Visiting Professor Kevin Washburn
3 classroom credits LAW-37633A Fall

Gambling presents a host of legal and policy issues that challenge commercial gaming entities, players, courts, banks and other credit issuers, internet service providers, government regulators and prosecutors, and even the rule of law itself. Why do we regulate and/or prohibit gambling? What are the evils that justify regulatory measures and prohibitions? This class will address questions like these in dealing with an industry that lies at a shadowy and uncertain gray area where law meets morality, commerce and social problems. The evils attributed to gambling are subject to widespread disagreement and the justifications for prohibiting or regulating gaming have varied across time and across particular gaming industries. The class will survey a wide swath of state and federal laws that govern and regulate the fast-growing and multi-faceted legalized gaming industry, as well as the laws that criminalize illegal gambling, and use this particular law and jurisprudence to draw larger conclusions about law and its relationship with culture.

Gender Violence Clinical Workshop

Spring term, Block G
W 3:30 PM - 4:45 PM

Gender Violence Clinical Workshop

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

Gender Violence, Law and Social Justice: Seminar

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

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

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

Students who wish to take this class with a clinical component must do so through clinical registration. Clinical students must take an additional 1-credit clinical workshop. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for Clinical course registration dates, early drop/add deadlines, and other clinical registration information.

Gender, Locally, Globally: The Possibilities of Law: Reading Group

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

Visiting Professor Vicki Jackson
1 classroom credit LAW-37635A Spring

Readings will consider the relationships between law and gender, exploring how different countries' legal systems express commitments to equality, and examining transnational efforts to address inequality as well as the interactions between claims of universal rights-holding and diverse claims of cultural, religious, or national traditions. Topics to be explored in comparative settings will include (1) gender, citizenship, belonging and multiculturalism; (2) political equality (including the French legal movement for "parite"); (3) economic equality, markets and caregiving; and (4) violence as a source both of inequality and equality (e.g., violence against women, women's equal participation in police work or militaries).

Genetics and Reproductive Technology: Legal and Ethical Issues: Seminar

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

Mr. I. Glenn Cohen
2 classroom credits LAW-96715A Spring


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

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

Topics covered may include:

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

Global Governance

Spring term
M,W 4:10 PM - 5:30 PM

Professor John G. Ruggie (John F. Kennedy School of Government)
3 classroom credits LAW-37850A Spring

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

Government Lawyer (The) A

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

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

This course will examine the roles and responsibilities of the government lawyer, focusing primarily on criminal prosecutors. It will consider questions concerning the politics of prosecution, the role of the prosecutor in the adversarial system (and whether that system is the best for achieving justice), and the autonomy and discretion of the prosecutor. We will look at issues that arise at the policy level for prosecutors, as well as those that face individual prosecutors in their work. Some specific topics that will be addressed will include prosecutorial ethics; disclosure and discovery issues; pretrial publicity; investigations (including use of the grand jury); and dealing with informants, cooperators, and victims. We will consider these issues in the context of different areas of criminal prosecution, including white-collar crime, organized crime, urban violence, and terrorism. A paper will be required in lieu of an examination.

This course will offer an optional clinical component in which students will spend ten, fifteen or twenty hours per week working at the United States Attorney's Office or at the Office of the Attorney General in a number of criminal divisions and bureaus. Prior to the start of clinical work, students will need to apply for and receive a security clearance which is processed through each of these offices, and facilitated by the HLS Office of Clinical Programs. Clinical seminars will be periodically conducted throughout the semester at each site on a schedule to be announced. Details of the clinical work and placements are available at the Office of Clinical and Pro Bono Programs.

Students who wish to enroll in the class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Government Lawyer (The) B

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

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

This relatively new section of the Government Lawyer clinical course seeks to expose students to the distinct forms of lawyering practiced by government attorneys in diverse positions in all three branches of government at the federal, state and local levels. The classroom work will focus on students' actual experiences in their clinical placements (15 to 20 hours per week) in a broad sample of government legal offices in the Boson area (such as regional federal offices, local offices of Massachusetts members of the U.S. Senate and House, federal and state judges, and state and local agencies), as well as placements in Washington using daily phone and email contacts (e.g. House and Senate members and Committees, Cabinet Departments, federal agencies, and judicial offices). All students will participate in clinical work during the spring semester. Students working on long-distance placements in Washington during the spring semester are required to also participate in the Washington Winter Term clinical program, which includes full-time clinical work and weekly meetings with Alex Whiting. Although most clinical placements will be made in Boston or Washington, an effort will be made to arrange other "long-distance" placements for students who are considering returning home or to less populous areas for a government legal job.

The class will focus on the many forces that constrain or liberate the application of lawyering skills in government offices. It will examine the special roles and skills required of government attorneys, the unique ethical and moral issues that they may face, and the impact of politics and ideology. Students will dissect a contemporary government lawyering issue involving many levels and types of lawyers.

The course will be limited to 20 students.

NOTE: Enrollment into this clinical course is by permission of the instructor and will be conducted through an application process. If the course is oversubscribed, some preference will be given to more senior students. To apply, submit the following materials to the Office of Clinical and Pro Bono Programs in Austin 108, or to clinical@law.harvard.edu, by September 17, 2007:
1) Curriculum vitae or resume showing employment and extracurricular history
2) Cover letter describing interest in course and clinical, the types and locations of placement preferred, applicable experience, and preference for Winter/Spring clinical or Spring-only clinical.

Some federal offices may require lengthy security clearances. Once admitted, students should watch notices from the Office of Clinical and Pro Bono Programs regarding security clearance processes and earlier deadlines for add/drop.

Health Care Law

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

Visiting Professor William Sage
3 classroom credits LAW-38300A Fall

This is a survey course covering legal issues in health care delivery, financing, and the responsibilities of health care professionals to patients. The course offers students of all backgrounds an introduction to the legal governance of one-seventh of the U.S. economy as American medicine transforms from a self-regulating profession to a regulated industry. The course emphasizes quality assurance in health care, including but not limited to medical malpractice liability. The course also explores in detail the corporate structure and legal governance of health insurers and health care providers, including ERISA, federal antitrust law, fraud and abuse law, and the law of tax-exempt organizations. In addition, the course examines the legal underpinnings of access to health insurance and health care services.

Health Care Policy: Reading Group

Fall/Spring term
W 12:00 PM - 1:00 PM

Professor Einer Elhauge
1 classroom credit LAW-38091A Fall/Spring

This reading group will meet on half the Wednesdays in the year from 12:10-1:10 at the Petrie-Flom Center. Reading will consist mainly of presentations of working drafts, including by students and academic fellows. This is designed to be more casual than the Health Law Policy Workshop, but still of particular interest to those with intellectual or academic interests in the areas of health law policy, biotechnology or bioethics. Grading is pass-fail. Enrollment is limited to 10, and is by permission of the instructor. Please email CV to Professor Elhauge at elhauge@law.harvard.edu.

Health Law Policy Workshop: Seminar

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

Professor Einer R. Elhauge and Visiting Professor Russell Korobkin
2 classroom credits LAW-94530A Fall

This seminar will feature the presentation and discussion of cutting edge scholarship on health law, health policy, biotechnology and bioethics. It is designed for students who have intellectual interests in those areas, and especially for those who might want to pursue an academic career. Students must submit brief written comments on a number of the papers. Because the papers are different every term, students can take the class as many times as they wish. Enrollment is limited to 12, and is by permission of the instructor. Please email CV to Professor Elhauge at elhauge@law.harvard.edu.

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

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

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

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

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

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

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

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

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

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

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

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

Housing Law and Policy

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

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


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

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

Students who would like to participate in the clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information. Students placed at the Housing clinic of the Legal Services Center must take an additional 1 class credit workshop during the semester of clinical work. Students placed at the Predatory Lending / Consumer Protection clinic must take an additional 2 class credit workshop during the semester of clinical work.

Human Rights Advocacy: Seminar

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

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

In the space of fifty years, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse, if not practice. This course examines the actors and organizations behind this remarkable development. What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense?

This seminar introduces students to human rights advocacy through participation in supervised projects, as well as readings, class discussion, role-playing and participatory evaluation of advocacy strategies. For those students that enroll in clinical work in conjunction with the Seminar, projects through the Human Rights Program involve work individually or in small groups in collaboration with human rights NGOs and/or before inter-governmental bodies.

This course will expose students to some of the practical manifestations of the main debates and dilemmas within the human rights movement. These will include several of the ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of the western international nongovernmental organizations (NGOs) and their counterparts in the (frequently non-western) developing world.

Class sessions will focus on analysis of advocacy from the recent history of the human rights movement, but will also include role-playing sessions and student-led discussions of their clinical projects.

Students who wish to enroll in the class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Human Rights and the Environment: Advocacy Seminar A

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

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

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

This seminar introduces students to human rights and environmental advocacy through participation in supervised projects, as well as readings, class discussion, role-playing and participatory evaluation of advocacy strategies. The clinical projects will involve work individually or in small groups in collaboration with nongovernmental organizations (NGOs) and/or before intergovernmental bodies. The projects will also expose students to ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of the western international NGOs and their counterparts in the (frequently non-western) Global South. Class sessions will focus on analysis of advocacy from the recent history of the human rights and environmental movements.

Students who wish to enroll in the class with a clinical component must enroll through clinical registration. International Human Rights is a pre-requisite for the clinical component. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Human Rights and the Environment: Advocacy Seminar B

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

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

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

This seminar introduces students to human rights and environmental advocacy through participation in supervised projects, as well as readings, class discussion, role-playing and participatory evaluation of advocacy strategies. The clinical projects will involve work individually or in small groups in collaboration with nongovernmental organizations (NGOs) and/or before intergovernmental bodies. The projects will also expose students to ethical and strategic issues that arise in the course of doing fact-finding and advocacy and balancing the often differing agendas of the western international NGOs and their counterparts in the (frequently non-western) Global South. Class sessions will focus on analysis of advocacy from the recent history of the human rights and environmental movements.

Students who wish to enroll in the class with a clinical component must enroll through clinical registration or add/drop. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, add/drop deadlines, and other clinical registration information.

Human Rights Practice in Latin America: Seminar

Fall term

Clinical Professor James Cavallaro
1 classroom credit LAW-94745A Fall

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

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

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

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

Ms. Jacqueline Bhabha
2 classroom credits LAW-38230A Spring


This course explores differing types of forced migration today, including refugee flight, asylum, internal displacement, trafficking. It analyses the institution of asylum, as a tool of states and an aspect of international human rights protection. It questions whether the concept of refugee protection or asylum is outdated. The definition of a refugee in international law is considered in detail, including key concepts such as "well-founded fear of persecution." Comparative materials, including case law, from the United States, Europe, Australia, and Africa are used to explore implementation of international refugee law through domestic courts and to examine policy developments related to forced migration. The problematic role of UNHCR and of long term camps is discussed. Other issues covered include gender persecution, asylum eligibility for victims of non-state persecutors (husbands, rapists, guerrilla forces), asylum and "terrorism," refugee and asylum-seeking children, the relationship between the Refugee Convention and the Convention Against Torture. The course concludes with a consideration of recent responses to the problem of mass displacement, including "safe havens," and other forms of temporary or humanitarian protection.

Human Rights: Reading Group

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

Professor Gerald Neuman
1 classroom credit LAW-38201A Spring

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

Immigration and Refugee Policy: Seminar

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

Professor Deborah Anker
2 classroom credits LAW-95751A Fall/Spring
(1 credit Fall + 1 credit Spring)

The Immigration and Refugee Policy Seminar is designed to bring into the HLS classroom leading immigration and refugee advocates and policy-makers, largely from the field of law (including both practitioners and federal and state government officials) but also from related disciplines (e.g., medicine and mental health, social science, and academia). Visiting lecturers will present their work and engage students in important debates about immigration and refugee policy, as well as expose students to a range of career paths and opportunities for future clinical work in fields relating to immigration law and policy. Following presentations and discussions, students will have an opportunity to speak informally with visiting lecturers. The course will meet for two hours once every two weeks throughout the fall and spring terms. Course requirements will consist of written questions or comments on the readings turned in prior to class meetings, and/or reaction papers submitted after class meetings.

Immigration Law

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

Professor Gerald Neuman
3 classroom credits LAW-38600A Fall

Migration policy has long provoked controversy and has become even more contentious in the new era of homeland security. This course will examine federal immigration law and policy in a variety of its aspects -- contemporary and historical, substantive and procedural, statutory and regulatory and constitutional -- including the criteria for admission to the United States on a temporary or permanent basis, the grounds and process of deportation, the peculiar constitutional status of foreign nationals, the role of the courts in ensuring the legality of official action, and an introduction to refugee law.
The examination will be in-class and open book. Basic text: Aleinikoff, Martin, and Motomura: Immigration and Citizenship: Process and Policy, with statutory supplement.

Immigration Law in Comparative Perspective: Seminar

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

Visiting Professor Ayelet Shachar
2 classroom credits LAW-95755A Spring

Immigration has become a hot-button political issue in recent years in the US, as well as in many other destination countries. Debates range from admission questions--who should be allowed to enter, according to what criteria, and for how long--to queries about the civil rights of migrants, cultural diversity, and the level of integration that can legitimately be expected from newcomers once they have settled in the country. Another emerging topic is the growing impact of economic remittances, transnational investments, and political contributions by dual citizens in both sending and receiving countries. This course will explore these new developments, placing them in the broader context of US immigration law, history, and policy. We will also refer to comparative evidence from Australia, Canada, France, Germany, Ireland and the United Kingdom, as well as examine the changing conceptions of membership in leading emigrant-sending countries, including Mexico, India, and China. With this global perspective in mind, we will chart the new terrain for US immigration law for the twenty-first century.

Requirements include regular attendance and participation, two short reaction papers, and a final seminar paper.

Innovative Contracting: Seminar

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

Professor George Triantis
2 classroom credits LAW-93441A Fall

This seminar explores the method and process of innovation in the structuring of transactions, and examines the factors that promote or impede such innovation. The discussion will focus on the tools and value of creative contracting: how lawyers interact with their clients (and their clients' other advisers) to produce novel contractual terms or structures; and the legal, economic and social forces that spur or impede innovation. Some of the class material consists of law-review and economics articles, but we will also look at case studies of transactional innovation in practice.
Evaluation is by research paper.

International Bankruptcy

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

Visiting Professor Edward J. Janger
1 classroom credit LAW-38675A Spring

Bankruptcy and insolvency laws are essential components of a market economy. They enable entrepreneurs to take business risks, and provide a mechanism for treating creditors and other parties fairly in the event that a venture fails. As cross-border business activity has increased, so has the need to deal with cross-border business failures. This course surveys the issues that may arise when an enterprise that has operations, assets, employees, and creditors in more than one country becomes financially distressed. The course begins with an introduction to some basic international law concepts, including comity and choice of law, followed by an introduction to some fundamental principles of bankruptcy law and policy. The course will then turn to the issues that parties and courts have encountered in administering bankruptcies across national lines. Finally, the course will examine a number of ongoing international efforts to harmonize the laws that govern domestic and cross-border insolvency cases, including new Chapter 15 of the United States Bankruptcy Code, the EU Regulation on Insolvency Proceedings, and the UNCITRAL Legislative Guide on Insolvency.

International Childhood, Rights, and Globalization

Fall term
M,W 1:10 PM - 2:30 PM

Ms. Jacqueline Bhabha
3 classroom credits LAW-38880A Fall

This course deals with the impact of globalization of different aspects of childhood, and on human rights issues affecting children who cross borders. Why are increasing numbers of children migrating without their families -- to reunify with migrant parents after being left behind, in search of asylum, as victims of sexual or labor trafficking, as child soldiers, as transnational adoptees? Why are citizen children unable to prevent the deportation of their non citizen parents (does citizenship mean anything for children)? The course will consider immigration, refugee and human rights questions as they relate to international childhood today. Jointly offered by the John F. Kennedy School of Government and the Law School and will be offered at KSG (RG-20)

International Civil Litigation in US Courts

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

Visiting Professor Laurence Helfer
2 classroom credits LAW-39105A Spring

To address the increasing internationalization of domestic law, litigators must become experts in what have traditionally been separate fields of law--civil procedure, conflict of laws, public international law, evidence gathering, human rights, international business transactions, immunities, and remedies. This course integrates these disparate fields and develops the common principles that govern the adjudication in U.S. courts of civil cases that raise international law and foreign law elements. The specific topics covered in the course may include jurisdiction and choice of law, service of process, discovery, the special treatment of government parties, and the recognition and enforcement of judgments. The course also considers the place of treaties and customary international law in the interpretation of the U.S. Constitution and U.S. statutes and the challenges of litigating issues of international law and foreign law in American courts.

International Criminal Justice: War Crimes Tribunals

Spring term, Block E
M,T 1:30 PM - 3:00 PM

Visiting Professor Gary J. Bass
3 classroom credits LAW-39109A Spring

This is a critical study of the politics, ethics and law of international criminal justice. The course asks if international law can help to prevent or moderate war, how international criminal law shapes and is shaped by world politics, whether there is a moral basis for victor's justice, why states choose to pursue or abandon the prosecution of war criminals, whether prosecutions of war criminals might interfere with peacemaking and democratization efforts, and whether war crimes trials can build national reconciliation. Cases include the Constantinople trials after the Armenian genocide, the Leipzig trials after World War I, Nuremberg, Tokyo, the trial of Adolf Eichmann, the United Nations tribunal for ex-Yugoslavia, South Africa's Truth and Reconciliation Commission, the trial of Saddam Hussein, and the International Criminal Court.

International Finance

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

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

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

International Human Rights Litigation: Seminar

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

Clinical Professor James Cavallaro and Ms. Sharanjeet Parmar
2 classroom credits LAW-94743A Spring
2, 3, or 4 optional clinical credits LAW-94743C Spring

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

Requirements: Students will prepare brief reflection papers on the weekly readings and/or one longer, final paper.

Students who wish to take this class with a clinical component must do so through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for Clinical course registration dates, early drop/add deadlines, and other clinical registration information.

International Humanitarian Law

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

Visiting Professor Derek Jinks
3 classroom credits LAW-38731A Winter

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

International Intellectual Property

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

Visiting Professor Neil Netanel
3 classroom credits LAW-38950A Winter

With a growing global market, the spread of the Internet, and continuing disparity between developed and developing countries, intellectual property assumes a major role in cross-border litigation, licensing, and diplomatic activity. This course examines intellectual property law and policy in the international arena. We begin by examining particularly pressing global debates regarding the character and desired scope of IP. We then move on to international IP issues that arise in domestic courts, including conflict of laws, jurisdiction, parallel imports, and enforcement of foreign judgments. Finally, we examine the principal multilateral IP treaties and international dispute settlement. In passing, the course will also compare various aspects of foreign intellectual property regimes with those of the United States.
This is an advanced intellectual property course. It is limited to students who have taken at least one introductory course in copyright, patents, or trademarks, or an intellectual property survey course.

International Law A

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

Professor David Kennedy
5 classroom credits LAW-39000A Fall

This course examines the history of ideas, legal doctrines, institutional and administrative structures that organize and legalize international economic and political life. We will consider the theoretical and doctrinal arguments which have structured thinking about international legal issues. The course considers basic doctrines of public international law about the sources of law and the international legal process. We consider the use made of these materials in addressing such issues as human rights, environmental policy, terrorism, and war. The course compares the public international legal tradition with the neighboring fields of international institutions, international economic law and comparative law. We will examine both the history of international legal argument and contemporary scholarship, which is innovative and theoretical. We will focus on the various ways of thinking and talking about institution building and international dispute resolution and about the projects, personal and professional, visible in the discipline's basic doctrinal materials. There is no prerequisite, although in past years, about half of the students in the course, including many graduate students, have had some previous exposure to international law. Materials: casebook and distributed materials.

International Law B1 (1L)

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

Visiting Professor Curtis Bradley
4 classroom credits LAW-16950A Spring

This is a basic survey course in international law. The course examines the nature and sources of international law, the relationship between international law and domestic U.S. law, the role of international organizations such as the United Nations, some of the methods of resolving international disputes, the bases of international jurisdiction and sovereign immunity, and select substantive areas of international law, including the laws governing the protection of human rights and the use of force. Where relevant, the course will focus on current events. This course is one of the 1L required international or comparative courses and only available to first-year HLS students.

International Law B2 (1L)

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

Assistant Professor Gabriella Blum
4 classroom credits LAW-16950A Spring

This is a basic survey course in international law. The course examines the nature and sources of international law, the relationship between international law and domestic U.S. law, the role of international organizations such as the United Nations, some of the methods of resolving international disputes, the bases of international jurisdiction and sovereign immunity, and select substantive areas of international law, including the laws governing the protection of human rights and the use of force. Where relevant, the course will focus on current events. This course is one of the 1L required International courses and only available to first-year HLS students.

International Law C

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

Visiting Professor Kal Raustiala
3 classroom credits LAW-39000A Winter

This course examines the legal rules and institutions that govern and influence international relations. We will focus on legal doctrine but also on understanding the politics of international law. International law today is more complex and more interesting than at any time in history. The current conflict in Iraq and against terrorism involves many areas of international law that we will cover, including the laws of war; war crimes and tribunals; the UN Charter; and the concept of universal jurisdiction. We will also examine:

• the basic principles of the international legal system



• the major forms of international law: treaty and custom, as well as "soft law"



• the role and influence of non-governmental organizations and other private actors



• aspects of the foreign relations law of the U.S., such as treaty law, the commander-in-chief power, and the role of international law in the domestic legal system



• the international legal rules that govern trade, human rights, and environmental protection



• the nature of international law itself, and the desirability of international law. Is more law better? Or does law work against American or global interests?

International Law: Understanding Process Through Problems

International Law Workshop: Seminar

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

Professor Ryan Goodman and Mr. Andrew Woods
2 classroom credits LAW-95860A Spring

Scholarly writing regarding international law has changed enormously in recent years and appears likely to continue to do so, especially as it becomes increasingly interdisciplinary. This workshop will use human rights as a window onto broader changes in international legal thought, and will self-consciously consider how recent developments in other disciplines may inform that scholarship. The seminar is intended to provide students with the opportunity to enmesh themselves in this scholarly transformation by bringing to the class a cross-section of leading scholars from various disciplinary perspectives to focus on the theme of human rights. We anticipate speakers will draw from diverse research areas such as social networks theory, social marketing, social psychology, and political science. Each speaker -- some from within Harvard and others from outside -- will assign readings for her session (which may be drawn from the work of the speaker or other writers). Students in the class will be required to submit short "reflection papers" commenting on the work to be presented. Each session will consist of a brief introduction by the speaker, followed by questions posed to the speaker by the instructors. For the rest of the class period, discussion will be open to the floor with ample opportunity for students to pose questions to the speaker.
Admission is at the discretion of the instructors. Applicants must submit a CV and a 1-2 paragraph statement of interest (including any relevant past experience/course work; and reasons for enrolling in the workshop) to Ellen Keng (ekeng@law.harvard.edu). Applications must be received by November 9th. Students will be notified the week of November 12th.

International Negotiation

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

Assistant Professor Gabriella Blum
3 classroom credits LAW-39120A Fall

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

Through a combination of theoretical analysis, case-studies, and simulations, we will address the following issues: Negotiating across and behind the table (two-level games); strategies and tactics in diplomacy and international negotiations (threats and ultimatums, brinkmanship etc..); international mediation; multilateral negotiations, including the issues of sequencing, coalition-building and decision-making mechanisms; cross-cultural tensions in negotiations; the concept of power in international negotiations; designing and drafting international agreements; and ethics in international negotiations.

International Protection of Human Rights

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

Visiting Professor Laurence Helfer
3 classroom credit LAW-39125A Spring

This course studies and critically assesses the rules, institutions, and legal and political theories that seek to protect basic liberties for all human beings. The course emphasizes (1) specific "hot button" subjects within human rights law (such as the death penalty, hate speech, women's rights, and lesbian and gay rights); (2) the judicial, legislative, and executive bodies in international and domestic legal systems that interpret and implement legal rules relating to these subjects; and (3) the public and private actors who seek redress for those whose rights have been violated.

International Reproductive/Sexual Health Rights: Reading Group

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

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

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

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

International Trade Law

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

Visiting Professor Seung Wha Chang
3 classroom credits LAW-30920A Fall

This is a basic course on international trade law and policy. After reviewing the world trading system and international economic institutions, this course generally covers WTO and related contemporary trade topics, including FTAs. Major US trade laws will be visited when relevant WTO and international norms are discussed. In addition to traditional trade topics, e.g., antidumping and subsidies, new trade issues, e.g., trade and environment, trade and development, trade and competition, will be addressed. In the policy side, this course will examine the soundness of the current US trade policies from both domestic and international perspectives. For case studies, the Professor will use seven WTO panel proceedings for which he served as a WTO panelist. Subject to the number of enrolled students, students will have an opportunity to participate in a mock WTO panel proceeding.

Interpretation and Institutional Choice: Reading Group

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

Visiting Professor Thomas Merrill
1 classroom credit LAW-39135A Spring

This reading group will consider scholarship that seeks to determine the proper allocation of authority to interpret the law by examining the comparative strengths and weaknesses of different political institutions, including courts, agencies, and legislatures.

Introduction to Advocacy (ITA): Criminal Justice

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

Additional 2 hour weekly meetings (Time TBD)

Open to 3Ls only
Professor Charles J. Ogletree
7 classroom credits Fall/Winter
(3F (TAW) + 3F + 1W)
4 required clinical credits
(3 Fall + 1 Winter)


This course seeks to examine the nature, functions, dynamics, and ethics of such tasks as interviewing, investigation, examination and cross-examination of witnesses, argument, and other aspects of criminal defense advocacy, both in and out of the courtroom. The course will also examine the theory and practice of defense advocacy for minors accused of delinquency, focusing on the constitutional framework of the juvenile justice system. Students will study the Massachusetts juvenile courts, examining the history and philosophy of a separate juvenile system, juvenile court jurisdiction, and the impact of various state agencies on the administration of justice in juvenile court. The course will attempt to develop a variety of operational and ethical frameworks within which students can understand and evaluate their practice experience.

Students can expect to represent clients on criminal and juvenile delinquency cases in the local courts. They may also provide representation to minors in school disciplinary hearings or represent adult clients in appellate or other post-conviction legal proceedings. Students will be responsible for providing complete legal representation to their clients during the course of the term and are expected to work a minimum of twenty hours per week at the Criminal Justice Institute under the supervision of a clinical instructor at the Institute. Students will receive one-to-one supervision, individual critique of their courtroom work, and participate in regular group sessions with their supervisor. Classroom reading and discussion will draw upon and complement the students' experiences as defense counsel.

The teaching method will include exercises and discussions on the Code of Professional Responsibility and the Model Rules of Professional Responsibility. Students will become familiar with the Fourth, Fifth, Sixth, and Fourteenth Amendment rights of both adults and juveniles accused of delinquency, as well as the law of evidence and sentencing. There will be a review of essential lawyering skills in criminal practice.

Please note that the ITA: Criminal Justice course includes a professional responsibility component and satisfies the professional responsibility graduation requirement. Students may enroll in a second course with a professional responsibility requirement, but the course taken second will be reduced by one classroom credit.

This course has a required Fall and Winter clinical component. All students who enroll in this clinical course will also be automatically enrolled in the Fall Trial Advocacy Workshop (TAW), unless previously taken. In addition to the regular ITA: Criminal Justice course meeting time, all students will meet weekly for two-hour sessions involving skills training and ethics in the practice. Exact times for the weekly sessions will be discussed at the clinical orientation.

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

Introduction to American Law (An)

Fall term
W 2:50 PM - 4:50 PM

Ms. Dena Sacco
2 classroom credits LAW-39715A Fall

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

Introduction to Islamic Law

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

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

The course introduces beginners to the history of the fiqh, a system conceived of as the legal and ethical interpretation of the revealed texts of Islam, normally translated into English as "Islamic Law". It will provide a description of the institutional background of this system's spread throughout the Muslim Empire and of the historical formation of its content and methodology until the 21st century.

The relation between the rules of the fiqh and the efforts, starting in the 9th century, to formulate a theory of legal sources and argumentation (the usul al-fiqh) will be discussed, but the complex legal matter of the fiqh will not be reduced to such a theory of the sources of the law and the rules of legal argumentation. We will rather focus on the debate among Muslim jurists, from the 11th to the 15th century, on the legal or theological character of such a theory and on the relation between law and theology.

Three characteristics of the fiqh will be difficult to understand for law students in an American (or European) university: 1. the cult is an integral part of the law; 2. legal scholars and not political legislators have -- over most of the periods of Islamic law -- produced the norms of the fiqh and 3. it is licit for these scholars to uphold dissenting legal and ethical norms. The jurists' efforts to derive legal norms from revealed texts determined their specific approach to the Koran and distinguished it from that of the theologians. The fact that reasoning in Islam took place in this framework has played an important role in the 20th century debates on the place of Islamic law in the codes of law of the modern nation states. We will, therefore, follow the development of these elements in the formative and classical periods of Islamic law.

But the norms of the fiqh cannot be reduced to problems of text interpretation. The specific function of legal norms as a means to distinguish but, at the same time, to integrate adherents of different religions, different ethnic groups and different cultures into the political community of Islam and to define an "Islamic way of life" has always given special importance to notions that transcend religious and gender differences such as "political contract", property, capacity, affiliation and the law of procedure and proof, clearly legal subject matters. Religious distinctions, on the other hand, found their clearest expression in the rules of cult, marriage and taxation. The social hierarchies that resulted from these forms of legal and political integration have in turn fed back into the production of legal norms.

The changes brought about by the nation states in the legal order of the modern Muslim World will be treated before this background of a rich and complex legal culture that has reached far beyond the legal institutions into all levels of education, intellectual and public life.

Introduction to Patents, Copyrights, and Similar Exclusive Rights Regimes

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

Professor Yochai Benkler
4 classroom credits LAW-38885A Fall

The course will offer an introduction to the basic institutional systems that regulate information production and exchange through the definition and allocation of exclusive rights. We will emphasize copyrights and patents, but also explore other regulatory frameworks, like trademarks and trade secrets. The course is designed to provide a basic theoretical and doctrinal grounding, as well as an understanding of the political economy of exclusive rights in information, knowledge, and culture. The emphasis will be on U.S. law, but with some consideration of international law and effects on global flows of information. About one quarter of the classes will use industry studies to work through the way copyrights or patents do, and do not, work. These will include industries whose current business models are particularly dependent on exclusive rights, like the pharmaceutical and music industries, and some that are not so obviously dependent on copyright or patent, like the software industry.

Take home examination.

"Students may not take both this course and the Copyright courses offered by either Professor Samuelson this Fall or Professor Weinreb next Spring or last Spring. Students may take this course and the Patent courses taught by Professor Fisher (next Spring) or Professor Rai (last year) but with one fewer credit for the second course taken because of the overlap."

Islamic Family Law

Fall term, Block F
Th 1:00 PM - 4:00 PM

Visiting Professor Hossein Modarressi
3 classroom credits LAW-39885A Fall

The course examines the outlines of Islamic family law in gender issues, sexual ethics, family structure, family planning, marriage and divorce, parenthood, child guardianship and custody, etc. The course will start with a general survey of Islamic legal system: its history and developments, structure and spirit, and the attempts of Muslim jurists to come to terms with the challenges of modern times.

Israel Legal System and its Approach to Terrorism and Civil Liberties: Reading Group

Spring term
W 8:00 AM - 10:00 AM, Th 12:00 PM - 1:00 PM

Professor Alan Dershowitz
1 classroom credit LAW-39895A Spring

This reading group will explore how the Israeli legal system confronts terrorism and other problems growing out of the Israeli-Palestinian conflict. We will read several important Israeli Supreme Court decisions as well as books on the conflict. A large group of students is going to Israel over the spring break. There will be one optional session of the reading group in Israel. The group will meet several times before the trip and several times after the trip. Enrollment is by-permission of the instructor. Send a statement of interest to Professor Dershowitz at dersh@law.harvard.edu and Sarah Neeley sneely@law.harvard.edu if you are interested in enrolling.

Israel/Palestine Legal Issues: Seminar

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

Professor Duncan Kennedy
2 classroom credits LAW-95855A Fall


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

Japanese Intellectual Property

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

Professor J. Mark Ramseyer, Visiting Professors Hidetaka Aizawa, and Masakazu Iwakura
2 classroom credits LAW-40273A Fall

Over the course of four weeks in September (meeting 3 days/week for 2 hours/day) we will examine the scope of Japanese intellectual property law. We will place it both within a comparative international context, and within the context of the Japanese legal system more broadly. Necessarily, the course will cover other aspects of Japanese business law as well. Visiting professors Aizawa and Iwakura are renowned specialists in Japanese intellectual property law.

Japanese Law Film Series: Seminar

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

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

Through weekly screenings, we will explore the place that law plays within Japanese society, and examine the development of the post-war cinema. Expect to see a broad range of films -- from classics like Kurosawa's Rashomon, to the avant garde Oshima's Death by Hanging, to the modern horror masterpiece Dark Waters. Students will write a weekly review, and a 10-20 page paper by the end of the semester. Popcorn provided (probably).

Jewish Law: The Legal Thought of Maimonides

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

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

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

Judging and Democracy: Seminar

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

Assistant Professor Jed Shugerman
2 classroom credits LAW-95945A Spring

What is the appropriate role for life-term appointed judges in a democracy? And what is the appropriate role for short-term elected judges in a constitutional democracy? The first question is the basis for the much debated "countermajoritarian difficulty," but almost 90% of state judges face the second question and the tension of the majoritarian difficulty and their countermajoritarian duty to enforce the rule of law and individual rights regardless of public opinion. As judicial campaigns become more expensive and more contentious, the courts increasingly face questions of campaign finance reform, First Amendment doctrine, due process, and canons of judicial ethics. The first part of the course lays a foundation with classic texts on constitutional theory and history by Bickel, Ely, Ackerman, and Kramer. The second part of the course focuses on the history and contemporary practice of federal and state judicial politics and their effects on the legal system, particularly in sentencing, the death penalty, and tort law. The third part of the course covers recent election law cases and their impact on the courts, and then explores potential reforms of the federal and state systems. Guest speakers will discuss their experiences. Students will write short papers regularly, with a research paper option.

Judicial Enforcement of Socio-Economic Rights: Seminar

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

Justice Sandile Ngcobo
1 classroom credit LAW-98755A Spring

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

This course will run for three weeks from April 7 through April 25, 2008.

Judicial Process in Community Courts: Seminar

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

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

This seminar examines through participant observation the functioning of the judicial process in our lower-level trial courts. Attention is paid to the various roles (adjudicatory, administrative, educational, sentencing, and symbolic) that judges play in these courts. The focus of the class is on the interaction between the local court and the community it serves, with a view toward evaluating the role of decentralized, neighborhood-oriented courts in contemporary society. The contributions of various scholars to understanding these courts is reviewed, as well as distinct proposals for reform. Attention is also paid to issues such as judicial accountability and judicial ethics which impact trial judges in all courts.

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

Students who wish to enroll in this class with a clinical component must do so through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

A fifteen- to twenty-page paper describing some aspect of the judiciary's work in these courts is required and serves as a basis for each student's grade. Enrollment is limited to fifteen students. LL.M. candidates may enroll.

Jurisprudence: Legal Ideals

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

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

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

Labor Law

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

Ms. Dahlia Rudavsky
2 classroom credits LAW-40900A Fall

This 2-credit course will cover the major statutes that govern collective employee activity in the workplace -- philosophy, procedures, and developing legal doctrine. We will also examine contemporary employer responses to union activity, and how unions are attempting to meet those challenges. Finally, we will touch on the influence and application of labor statutes and precedents in nonunionized workplaces. Although the course will take as its starting point legal formalities, the orientation will be practical: how this form of government regulation of the interaction of economic actors plays out in the daily lives of real people.

Land Use Law

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

Visiting Professor J. B. Ruhl
3 classroom credits LAW-41100A Spring

The present and future appearance and functionality of where you live, work, and visit is the product of thousands of land use decisions taking place largely at the local level through a complex, dynamic amalgam of politics, planning, market forces, and law. Once dominated by nuisance doctrine, land use became the domain of localism during the early twentieth century with the emergence of zoning controls approved by the Supreme Court as a legitimate exercise of the police power. Gradually, local control of land use expanded into the regulation of the residential subdivision process, and by the 1970s covered matters including type of land use, sizes of lots and homes, impact fees levied on developers to finance public infrastructure, and aesthetic controls. Since the 1970s, land use law has expanded even further to cover environmental regulations, state and regional planning programs, and urban redevelopment. Today, most states and local governments implement complex land use programs, yet serious issues remain regarding the causes and effects of "sprawl," the disparity of land use results across racial and income lines, and the affordability of workforce housing. No easy answers are in sight. This three-credit class covers the full range of legal authorities and issues involved in the planning and control of land development, including: local zoning devices; regulation of residential subdivisions; federal constitutional limitations; the growth and legality of exclusionary suburbs; affordable housing; infrastructure financing; aesthetic and environmental controls; urban growth management devices; economic development and redevelopment programs; and state planning codes.
The course text will be the most current edition of David L. Callies ET AL., Cases and Materials on Land Use. Grading is based on an open book final exam. Additional credit for exceptional class performance may be awarded.

Law and Business Problems: Seminar

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

Professor Guhan Subramanian
2 classroom credits LAW-96100A Fall/Spring
(1 credit Fall + 1 credit Spring)

This seminar is intended to be the "capstone" of the joint J.D./M.B.A. program, giving those students an opportunity to explore in some depth situations that present both legal and business complications. Each time the seminar is offered a different theme is chosen. In 2007-08, the theme is tentatively planned to be corporate accountability and governance. While the seminar is primarily for students in the joint degree program, the instructor may admit students from the Business School who have already obtained a law degree, law students who have an M.B.A., and undergraduate business majors.

Law and Cognitive Science: Reading Group

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

Visiting Professor Henry Smith
1 classroom credit LAW-41155A Spring

This reading group will explore recent work in cognitive science and will examine its implications for law and legal theory. Topics covered will include the modularity of mind, heuristics and biases, and context in decision making.

Law and Economics

Spring term, Block G
W 3:00 PM - 5:00 PM

Professors Louis Kaplow and Andrei Shleifer*
2 classroom credits LAW-41180A Spring

This non-survey course, being offered jointly for Harvard Law School students and graduate students in the Department of Economics, will emphasize central themes that relate different subjects in the field and analyze in greater depth selected topics that illustrate those themes. For example, in considering reasons that the Coase Theorem may not hold in practice, we will examine not only imperfections in bargaining due to large numbers and asymmetric information, but also institutional limitations relating to the enforcement of legal rights. In addition to addressing issues in standard areas such as torts, litigation, and (especially) law enforcement, we will also focus on areas that have received greater attention more recently, such as judicial decision-making and cross-country comparisons of the effects of laws and legal systems.
Although much of the assigned material will be writings by economists and some of it will be technical, the course itself will emphasize the central ideas and intuitions. Economics majors and other individuals with significant background in economics and/or law and economics should be comfortable in this course. (Contact Professor Kaplow if you are uncertain.) Evaluation will be through frequent, short written assignments on the course materials rather than by examination or a course paper.
*Andrei Shleifer is a Professor of Economics at the Economics Department.

Law and Economics: Seminar A

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

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

This seminar will provide students with an opportunity to discuss ongoing research in economic analysis of law. At most of the meetings invited speakers--some from the Law School--will present works in progress. Students are required to submit, before sessions, brief written comments on the papers to be presented. Enrollment in either or both terms is permitted. Some background in economics or law and economics is helpful; however, knowledge of technical economics is unnecessary.

Law and Economics: Seminar B

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

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

This seminar will provide students with an opportunity to discuss ongoing research in economic analysis of law. At most of the meetings invited speakers--some from the Law School--will present works in progress. Students are required to submit, before sessions, brief written comments on the papers to be presented. Enrollment in either or both terms is permitted. Some background in economics or law and economics is helpful; however, knowledge of technical economics is unnecessary.

Law and Existentialism: Seminar

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

Professor Bruce Hay
2 classroom credits LAW-93451A Fall

This seminar investigates the relations between existentialist thought and contemporary cultural representations of law, particularly in cinema. We will watch a feature-length film each week, and discuss it in connection with readings in philosophy, law, fiction, and other materials. The seminar will be highly collaborative in nature: working in teams, students will be responsible for helping to assemble materials and leading discussions. Film screenings will be held on Tuesday evenings, unless there is a better time for students in the class. A few short papers, or one longer paper, will be required. An optional third writing credit is available.

Law and Finance

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

Professor Lucian A. Bebchuk
3 classroom credits LAW-41220A Fall

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

Law and Finance of Corporate Reorganizations (The)

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

Visiting Professor Jesse M. Fried
2 classroom credits LAW-41225A Winter

This lecture course analyzes selected issues in corporate bankruptcy and reorganization from a legal and financial perspective. Among the topics covered are the effect of priority rules on parties' incentives in the bankruptcy proceeding, the treatment of executory contracts, pre-bankruptcy workouts, and the use of fraudulent conveyance law to attack lenders and acquirers in failed LBOs.

Readings will be assigned from Professor Mark Roe's casebook, Bankruptcy and Corporate Reorganization, and supplementary materials distributed electronically by the professor. The exam will consist of multiple-choice or short-answer questions.

Prerequisite: Students taking the course must have completed or be concurrently enrolled in an introductory bankruptcy course. (This requirement may be waived in unusual cases by permission of the instructor.) In addition, students should be willing to engage in quantitative reasoning and work with basic finance concepts such as expected value.

This course will meet on January 8-11 & January 14-17.

Law and Literature: Seminar

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

Professor Alan A. Stone
2 classroom credits LAW-96410A Spring

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

Law and Policy of Ecosystem Services: Seminar

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

Visiting Professor J. B. Ruhl
2 classroom credits LAW-96435A Spring

This seminar uses the emerging theme of ecosystem services as a lens for examining current topics in environmental and natural resources policy. Over the past decade, the discipline of ecological economics has focused attention on the failure of the market economy and conventional environmental policy to account for the economic value of services provided directly from natural capital, such as the flood control value of wetlands, the water filtration value of forested watersheds, and pest control value of ecologically diverse habitat. Environmental policy has been sharply divided between those who advocate relying on cost-benefit analysis on the one hand (e.g., the value of timber as a commodity, or forests as a recreational venue), and those who advocate giving priority to the intrinsic value of ecological resource (e.g., as the rationale for protecting endangered species). Neither of these views, however, has paid much attention to the economic value of ecosystem services humans enjoy directly.
The seminar is constructed as a progression through four units: (1) the ecological, geographic, and economic context of ecosystem services; (2) the existing status of property rights, regulatory regimes, and social norms relevant to ecosystem services; (3) a series of case studies; and (4) envisioning the design of legal instruments and institutions to better account for ecosystem service values. Topics examined include wetlands mitigation banking, agricultural subsidy policy, ecosystem management on public lands, pollution trading markets, common law remedies, coastal zone protection, fisheries management, and global climate change. Themes that will be emphasized include the application of law & economics theory to problems of undersupply of ecosystem services, the construction of property rights in natural capital and ecosystem services, and the use of market-based instruments as a means of providing incentives for socially desirable management of natural capital.
The seminar will meet once a week for two credits. It is open to J.D. and LL.M students. Although Environmental Law is a useful course for background appreciation of the topic, there are no prerequisites and ample background on the law and policy topics under consideration will be provided through the readings and class discussion. The principal text will be The Law and Policy of Ecosystem Services (Island Press, forthcoming May 2007). A supplemental collection of journal articles will be provided prior to the first class. Students will submit four response papers (3 pages each), one for each unit, and a final research paper of 15 pages. Class participation will be taken into consideration. Students may elect to use the seminar paper to satisfy their third year paper requirement, in which case the applicable standards will apply to paper length and course credit.

Law and Psychology-The Emotions: Seminar

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

Mr. David Cope
2 classroom credits LAW-96440A Spring

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

Law and Public Health

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

Associate Professor Michelle Mello (Harvard School of Public Health)
3 classroom credits LAW-41208A Spring

This course examines the many ways in which the law impacts the public's health. Among the questions explored are: What is the scope of the government's authority to regulate in the interest of public health? How are individual rights balanced against this authority? What are the strengths and weaknesses of legislation, administrative regulation, and litigation as means to achieve public health goals? In what ways does the law obstruct the achievement of public health goals? How has public health law been influenced by the broader political environment? The course investigates these issues as they operate a range of specific contexts in public health and medical care, including bioterrorism, control of HIV/AIDS and other communicable diseases, tobacco regulation, rights to have and refuse medical care, genetic privacy, reproductive health, access to pharmaceuticals, and class action suits against tobacco, gun, and food companies. The course emphasizes constitutional law, but also incorporates criminal law, torts, and intellectual property. A previous course in constitutional law is not required, but instruction is geared towards those who have had some prior exposure to basic constitutional law principles. There will be an in-class examination and no paper option.

Law and Religion in India: Seminar

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

Professor John H. Mansfield
2 classroom credits LAW-96500A Fall

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

Law and Retaliation: Reading Group

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

Visiting Professor John Goldberg
1 classroom credit LAW-41345A Fall

Suppose a person intentionally or carelessly injures another. Most would regard it as perfectly natural for the victim to harbor a desire to retaliate in some way against the injurer. For centuries, Anglo-American tort and criminal law have credited this sort of response as warranted, while also seeking to redirect it, such that prosecutions and/or civil litigation replaces simple vengeance. Is it possible for modern criminal and tort law -- both of which emphasize negotiated settlements -- to serve such a function? In a world far removed from the brutal civilizations in which tort and criminal law first emerged, does it still make sense for law to concern itself with channeling vengefulness? Are we beyond retaliation? Should we be? Readings will include historical, sociological, and theoretical analyses of retaliatory responses as they occur, or might occur, within and outside of law.

Law and Social Movement

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

Mr. Dean Spade
3 classroom credits LAW-41211A Spring

This course examines the role of litigation and legal services in social movements in the US. Specific attention will be paid to the role of impact litigation and legislation in social movements of the last half century, including racial desegregation and anti-discrimination law, abortion law, and sexual orientation/gender identity law. Both conservative and progressive legal strategies in these three areas will be discussed. The course will also explore the literature on legal services and the role of poverty lawyering in economic justice movements, examining arguments for and against legal services and law reform as effective tools for wealth redistribution. Finally, we will examine the recent literature criticizing the 501c(3) non-profit structure's role in changing the face of social justice movements. We will look specifically at the role of lawyers and legal organizations, and the legal structures that govern the creation, funding, and governance of such organizations and the distribution of resources to non-profits, as key components of contemporary social movements. In each instance, we will question what effects legal change has on the both the processes and results of social movements. Students intending to pursue careers in such organizations are particularly encouraged to enroll.

Law and the International Economy B1 (1L)

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

Assistant Professor Rachel Brewster
4 classroom credits LAW-16960A Spring

This course is designed to introduce first-year students to the architecture of the international economic law system. The course will place private international economic law in its increasingly robust public international economic law context. It will examine various types of international economic deals (including private cross-border contracts; public-private investment contracts; and bilateral and multilateral economic treaties), the various types of law that regulate these deals (international and domestic law, including foreign law; bilateral and multilateral treaties; hard law and soft law), and various international dispute resolution mechanisms (including domestic litigation; commercial arbitration; and nation-to-nation dispute resolution). No prior knowledge of any of these topics is required. This course is one of the 1L required international or comparative courses and only available to first-year HLS students.

Law and the International Economy B2 (1L)

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

Professor Jack Landman Goldsmith III
4 classroom credits LAW-16960A Spring

This course is designed to introduce first-year students to the architecture of the international economic law system. The course will place private international economic law in its increasingly robust public international economic law context. It will examine various types of international economic deals (including private cross-border contracts; public-private investment contracts; and bilateral and multilateral economic treaties), the various types of law that regulate these deals (international and domestic law, including foreign law; bilateral and multilateral treaties; hard law and soft law), and various international dispute resolution mechanisms (including domestic litigation; commercial arbitration; and nation-to-nation dispute resolution). No prior knowledge of any of these topics is required. This course is one of the 1L required international or comparative courses and only available to HLS first-year students.

Law and the Political Process A

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

Visiting Professor Nathaniel Persily
4 classroom credits LAW-41350A Fall

This course will cover basic themes in election law: the right to vote, redistricting, regulation of political parties, regulation of the ballot, the Voting Rights Act, campaign finance and Bush v. Gore. Reading will amount to approximately 100 pages of cases per week, and frequent class participation plus a take-home final are the requirements for the course. Constitutional Law is no longer a prerequisite for this class. Anyone who is taking Constitutional Law concurrently will be considered eligible.

Law and the Political Process B

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

Professor Lani Guinier
3 classroom credits LAW-41350A Spring
3 or 4 optional clinical credits LAW-41350C Spring

This course will consider the way law informs and regulates representation and participation in the political process. We will examine constitutional constraints on legislative apportionment, districting, the role of political parties and access to the ballot. We will explore the relationship between democratic principles and the electoral participation of racial, language, and political minorities. We will study in depth the Voting Rights Act of 1965, as amended, to understand how the law both shapes and has been shaped by social science research, political theory, historical forces, and practical considerations. We shall also consider issues of alternative election systems and the role of women in politics. Constitutional Law is strongly recommended, but is not a prerequisite for this course. There will be a take-home examination. Up to five students will be allowed to write papers in lieu of the exam. In addition to the exam, class participation will count in grading. Class formats will include lecture, Socratic dialogue, small-group participation, guest speakers, and student facilitation.
Enrollment is limited to 65 students.

Students who wish to enroll in the class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Law of Climate Change (The)

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

Visiting Professor Roger Ballentine
3 classroom credits LAW-41360A Winter

This course will explore the rapidly developing legal, business and policy frameworks relating to climate change. We will trace the development of public and private sector responses to the mounting evidence of climatic shifts with a focus on the debate and design of proposed policy responses. The course will cut across numerous disciplines. The material we cover will be relevant not only to those interested in environmental law, but also to those interested in administrative law, public policy, international law, and corporate law. Students considering careers in business or policy will also find the course useful. At the international level, we will review treaty negotiations, other multi and bi-lateral government frameworks, and comparative national responses. At the domestic level, we will examine regulatory and other legal frameworks that are emerging at the federal, state, and local levels. We will also closely consider non-governmental programs and responses and the legal and policy implications of those measures, including: analysis of corporate risk, governance and advocacy; the increasingly clear financial implications of climate change with a focus on the investor community; the entrepreneurial response to global warming; and the evolving roles of non-profit organizations. The course will include an in-class exam.

Law, Economics, and Organizations Research: Seminar

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

Professors Lucian A. Bebchuk, Louis Kaplow, and Oliver Hart (Economics Department)
2 classroom credits Fall/Spring
OR 1 credit Fall only OR 1 credit Spring only

This seminar will involve the presentation by speakers of papers in the fields of law and economics, law and finance, and contract theory. The two-credit seminar will meet for one and a half hours for two-thirds of the weeks in each of the two terms. Lunch will be served. A student may take the seminar for only one term, for one credit (fall/spring #96250=1/FS one credit fall term = Course #96250-1/F or one credit spring term = Course #96250-1/S).
The seminar is given jointly with the Economics Department, and should be taken only by students with substantial prior interest in or exposure to economic analysis. (If you have questions about this, please contact Professors Bebchuk or Kaplow.) Students may satisfy the course requirement either by submitting, before sessions, short written comments on the paper to be presented or by writing a short seminar paper on any approved topic.
Oliver Hart is a Professor of Economics at the Economics Department.

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

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

Professor Alan A. Stone
2 classroom credits LAW-97930A Spring

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

Laws, Markets, and Religions: Seminar

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

Professor Robert C. Clark
2 classroom credits LAW-96771A Fall/Spring

This full-year seminar will explore articles and books that help to illuminate the characteristic attributes and the relative advantages and disadvantages of four major systems of social control: legal systems, markets, social groups, and the world religions. The readings may also provide comparative insight into the scope and the historical development of these differing systems. Readings will be chosen from a broad array of social-science disciplines, including sociology, psychology, evolutionary theory, and behavioral law and economics. Enrollment is limited to 18 students. Students will be required to write a short response paper about the readings for each session of the seminar. Sessions will usually be scheduled on an every-other-week basis during the fall and spring semesters.

Lawyering for the President: Reading Group

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

Professor David Barron
1 classroom credits LAW-41605A Spring

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

Leadership in the Public Sector

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

Professor Philip Heymann
3 classroom credits LAW-41790A Spring

Lawyers are as deeply involved in political decision making as they are in judicial decision making, whether the occasion is legislation or administrative regulation or deciding on a discrete action by a governmental or other organizational unit. They also are called upon to manage public organizations. Most people learn these additional skills, if at all, through experience. There is, however, a logic that can help almost as much in understanding political choices as learning the basics of legal argument do in understanding judicial choices. The course teaches the thought process of policy choice and of management. At the same time, it provides vicarious experience in a variety of political/managerial settings through detailed case studies produced at the Kennedy School of Government. Most classes involve adopting a particular role in a specific situation and thinking through what you might want to accomplish in that role and how to go about it in that setting. The examples are from domestic and foreign policy areas and almost always involve the political structures of the United States.

Legal History Workshop: Seminar

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

Assistant Professor Jed Shugerman
2 classroom credits LAW-96772A Fall/Spring
(1 credit Fall + 1 credit Spring)

The legal history workshop gives students an opportunity to read major works in legal history, to discuss works-in-progress with the authors, and to venture into their own legal history research, for those who choose the paper-writing option. Each semester, students will participate in four meetings of the Legal History Colloquium and write short responses to those papers. Guests next year include Hendrik Hartog (Princeton), Tomiko Brown-Nagin (Virginia), Paul Halliday (Virginia), Dylan Penningroth (Northwestern), William Forbath (Texas), Dalia Tsuk (George Washington), and Bob Gordon (Yale). In the first semester, we will meet for additional sessions to critique the previous week's colloquium papers, to discuss classic works in American legal history, and to discuss research projects. In the second semester, with Professor Bruce Mann joining, the four additional sessions beyond the colloquium meetings will be workshops of student papers. Each semester is one credit, and those who choose to write a research paper will receive an additional two credits. The Colloquium is open to legal history of any region and period, but research papers should be in American legal history. Students can enroll in both semesters (/FS) or fall semester only (/F) or spring semester only (/S).

Legal History Workshop: Seminar

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

Assistant Professor Jed Shugerman
2 classroom credits LAW-96772A Fall/Spring
(1 credit Fall + 1 credit Spring)

The legal history workshop gives students an opportunity to read major works in legal history, to discuss works-in-progress with the authors, and to venture into their own legal history research, for those who choose the paper-writing option. Each semester, students will participate in four meetings of the Legal History Colloquium and write short responses to those papers. Guests next year include Hendrik Hartog (Princeton), Tomiko Brown-Nagin (Virginia), Paul Halliday (Virginia), Dylan Penningroth (Northwestern), William Forbath (Texas), Dalia Tsuk (George Washington), and Bob Gordon (Yale). In the first semester, we will meet for additional sessions to critique the previous week's colloquium papers, to discuss classic works in American legal history, and to discuss research projects. In the second semester, with Professor Bruce Mann joining, the four additional sessions beyond the colloquium meetings will be workshops of student papers. Each semester is one credit, and those who choose to write a research paper will receive an additional two credits. The Colloquium is open to legal history of any region and period, but research papers should be in American legal history. Students can enroll in both semesters (/FS) or fall semester only (/F) or spring semester only (/S).

Legal History: American Legal Education: Seminar

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

Visiting Professor Daniel R. Coquillette
2 classroom credits LAW-96770A Spring

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

Legal History: Continental Legal History

Spring term, Block C
M,W 11:00 AM - 12:00 PM, T 10:40 AM - 12:00 PM

Professor Charles Donahue
3 classroom credits LAW-42100A Spring

A survey of the main outlines of Continental European legal history from the fall of the Roman Empire to the codifications of the 19th century. The course will focus on the main expressions of European legal culture over this long period of time: the "barbarian law codes" (6th-10th centuries), the revival of the academic study of Roman and canon law (11th-13th centuries), the customary law (13th-16th centuries), the schools of academic law (14th-18th centuries: the "commentators," the "humanists," the "natural law school"), and the process of codification (France and Germany, 18th and 19th centuries). In each period an effort will be made to relate the types of law produced to the social and political history of the period. No background in Continental legal history will be presumed. All readings will be in English. Offered concurrently in the Faculty of Arts and Sciences as Medieval Studies 119, but with a different section. Bellomo, The Common Legal Past of Europe (1995) and multilithed materials.

Legal History: Continental Legal History: Seminar

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

Professor Charles Donahue
2 classroom credit LAW-96705A Spring

Around the year 1100 a small group of men in Bologna began to study Roman law with an intensity not witnessed in the previous centuries. About a generation later a somewhat different group began to do the same thing with canon law. The combined product of these two studies, known as the ius commune ("the common law"), became an essential part of the training of any respectable European jurist, and the influence of the ius commune on subsequent developments, up to and including the codifications of the 19th century, is very large indeed. This seminar will introduce students to the techniques of reading and analyzing works in the ius commune of the medieval and early modern periods with the goal of enabling students to write a series of short papers on some part of the ius commune (which then may be combined for a third-year paper). Concurrent registration in Continental Legal History, or equivalent preparation, is required, as is the ability to read simple Latin prose.
Offered concurrently in the Faculty of Arts and Sciences as History 2126. Multilithed materials. Students not writing their third-year papers in conjunction with this seminar should sign up for an hour of independent written work with Professor Donahue.

Legal History: Roman Law

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

Professor Charles Donahue and Assistant Professor Adriaan Lanni
3 classroom credits LAW- 42230A Fall

This is an introduction to Roman law that attempts to combine a survey approach with one that focuses in some depth on topics in Roman law that raise important substantive, comparative, and methodological issues. The emphasis throughout the course is on the relationship between the Roman legal system and the social, economic, and political aspects of Roman life. The course is organized in four large blocks. The first surveys the history of Roman legal institutions, sources of law and procedure from the Twelve Tables (451-450 BC) to Justinian (527-565 AD). The second surveys the law of persons, property, succession, contracts, and delicts in the classical period (roughly, 100 BC to 240 AD). The third explores law and society in the archaic period (roughly, 500 BC to 250 BC). The fourth explores selected topics in the classical period that illustrate the work of the Roman jurists and their method. A short paper will be required and the final exam will be correspondingly shorter. Multilithed materials; Nicholas, An Introduction to Roman Law; and either W. Kunkel, An Introduction to Roman Legal and Constitutional History, or J.H. Wolff, Roman Law: An Historical Introduction.

Legal History: The Political Economy of Modern Capitalism: Seminar

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

Professor Christine Desan
2 classroom credits LAW-98060A Fall/Spring
(1 credit Fall + 1 credit Spring)

As modern capitalism becomes dominant across the globe, the need to understand it increases. Is it a form of market organization, a material or social phenomenon, an epistemological development, a set of legal categories, or a mode of governance? This seminar explores modern capitalism as an historical form of political economy, developed over the last three centuries, that may partake of all these dimensions. The seminar is designed to include both students who are interested in the in-depth study of capitalism as a political economic form, and faculty/scholars already engaged on that research who seek a forum for presenting works-in-progress. The seminar will include sessions for student participants focused on influential works that have contributed a working vocabulary to current debates over capitalism. In alternating sessions, we will discuss new research by faculty and student participants, associated scholars, and guests. The seminar will run biweekly during the Fall, 2007, and Spring, 2008 semesters. Student participants will be required to attend and participate regularly, to lead the commentary on at least one work discussed in the seminar, and to submit a final paper or twenty-five to thirty pages. Law students may write their third year papers in conjunction with the seminar.

Legal Needs of Moderate Income Households

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

Ms. Jeanne Charn
2 classroom credits LAW-42285A Fall
2, 3, or 4 optional clinical credits

The legal needs of poor households have been the near exclusive focus of public policy and government funding while the legal needs of moderate income households have been left to what the private bar can provide. These households are ineligible for most means tested safety net programs but often lack the resources to maintain themselves in the face of serious illness, divorce or other crises, This course will explore how the legal needs of moderate income people both differ from and are similar to the needs of the poor. We will focus on the role of the solo and small firm bar that that serves these clients and on market innovations designed to expand access for this demographic -- for example, pre-paid and legal insurance programs, unbundled legal services, self-help and on-line resources. We will also look at legal aid in the UK, Europe and Canada where the needs of moderate income people are a main focus of legal aid policy. In lieu of an exam, students will, in consultation with the course instructor, produce a white paper recommending policies, advocacy strategies or innovations designed to improve access for households above poverty who cannot afford to pay for legal assistance. Students may work in pairs or groups and will share preliminary concepts and research at class meetings throughout the term. Students may, for an additional credit, expand their course project into a research paper that meets the J.D. writing requirement.

2Ls and 3Ls may elect a clinical component for 2, 3 or 4 clinical credits.

Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Legal Profession A2

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

Professor Andrew L. Kaufman
3 classroom credits LAW-42300A Fall

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

Legal Profession A3

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

Professor David B. Wilkins
4 classroom credits LAW-42300A Fall

This course takes a comprehensive look at the organization, operation, and ideology of the legal profession. The course has three major objectives. First, through materials and simulations, the course seeks to convince students that in the practice of law they will often be asked to make difficult ethical decisions. Particular attention will be focused on the ethical problems encountered in civil litigation and the manner in which recent developments in the law regarding class actions, fee shifting, prepaid legal services, and multi-city law firms impact on these problems. Students will be encouraged to identify and critically examine the theoretical justification for various alternative responses to these problems, as well as to understand the practical ramifications of particular actions. Emphasis will be placed on the special problems and opportunities of young lawyers, women, and minorities. Second, the course will examine the larger questions of professional structure and ideology. Here, we will discuss the theoretical and functional implications of the changing way in which legal services are delivered. Recent trends in the organization and operation of large corporate law firms, legal services offices, public interest practice, corporate legal departments, and legal clinics will be analyzed in terms of their effect on services delivered and the working lives of lawyers. We will also examine the character, organization, and ideology of the profession itself. Issues relating to deprofessionalization, professional autonomy, commercialism, alternative mechanisms of regulations and control (state, market, common law, and court-imposed), and the increasing numbers of women and minorities will be examined in terms of their potential impact on the profession and their relationship to larger themes such as civic republicanism, feminism, and law and economics. These broader themes in turn will be related to trends in other professions and other legal systems. Finally, the course will encourage students to look seriously at the image of lawyers both inside and outside the profession. How does the image portrayed in the media differ from the way lawyers perceive themselves? What do these differences teach us about competing conceptions of the professional role? Through these and other similar questions, the course will challenge students to reflect critically on the profession they are about to enter and the role they wish to play in it. Enrollment is limited to sixty students. Text: Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (4th ed.), and current edition of Rules of Professional Responsibility. Students are expected to attend classes and to participate in class discussions. Students who are absent frequently without the consent of the instructor will be dropped from the class.

Legal Profession B1

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

Visiting Professor Jennifer Brown
2 classroom credits LAW-42300A Spring

This course critically examines the ABA Rules of Professional Conduct, with particular emphasis on the attorney client relationship and the model for that relationship most clearly promoted in the ABA rules. The course will explore the various conflicts lawyers may experience in their roles as client advocate, member of the bar, and community or political actor.

Legal Profession B3

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

Professor David B. Wilkins
4 classroom credits LAW-42300A Spring

This course takes a comprehensive look at the organization, operation, and ideology of the legal profession. The course has three major objectives. First, through materials and simulations, the course seeks to convince students that in the practice of law they will often be asked to make difficult ethical decisions. Particular attention will be focused on the ethical problems encountered in civil litigation and the manner in which recent developments in the law regarding class actions, fee shifting, prepaid legal services, and multi-city law firms impact on these problems. Students will be encouraged to identify and critically examine the theoretical justification for various alternative responses to these problems, as well as to understand the practical ramifications of particular actions. Emphasis will be placed on the special problems and opportunities of young lawyers, women, and minorities. Second, the course will examine the larger questions of professional structure and ideology. Here, we will discuss the theoretical and functional implications of the changing way in which legal services are delivered. Recent trends in the organization and operation of large corporate law firms, legal services offices, public interest practice, corporate legal departments, and legal clinics will be analyzed in terms of their effect on services delivered and the working lives of lawyers. We will also examine the character, organization, and ideology of the profession itself. Issues relating to deprofessionalization, professional autonomy, commercialism, alternative mechanisms of regulations and control (state, market, common law, and court-imposed), and the increasing numbers of women and minorities will be examined in terms of their potential impact on the profession and their relationship to larger themes such as civic republicanism, feminism, and law and economics. These broader themes in turn will be related to trends in other professions and other legal systems. Finally, the course will encourage students to look seriously at the image of lawyers both inside and outside the profession. How does the image portrayed in the media differ from the way lawyers perceive themselves? What do these differences teach us about competing conceptions of the professional role? Through these and other similar questions, the course will challenge students to reflect critically on the profession they are about to enter and the role they wish to play in it. Enrollment is limited to sixty students. Text: Kaufman and Wilkins, Problems in Professional Responsibility for a Changing Profession (4th ed.), and current edition of Rules of Professional Responsibility. Students are expected to attend classes and to participate in class discussions. Students who are absent frequently without the consent of the instructor will be dropped from the class.

Legal Profession: Comparing Ethics and Practice in Law and Medicine A4

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

Visiting Professor William Sage
2 classroom credits LAW-42300A Fall

Students frequently enter professional school without much sense of what a "profession" is or what it means to be a "professional." Modern professionals perform their duties in a rapidly changing world, subject to forces such as corporatization, competition, consumerism and the information revolution. This course explores these issues by comparing the legal and medical professions. After developing a theoretical framework for analyzing professional practice, students consider the day-to-day, regulatory and policy implications of organizational structures, scope of practice, compensation, representation and advocacy, communicating with clients and patients, and professional error and misconduct.

Legal Profession: Delivery of Legal Services A5

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

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

High quality legal service in civil matters is beyond the financial reach of most people. This course addresses the policy and professional responsibility implications of expanding access to the civil justice system in the US. We will compare the US system to the much larger programs in peer nations. The course will emphasize the professional and institutional problems of allocating scarce resources among needy claimants and the difficulty in assuring quality and a strong consumer orientation in a subsidized delivery system. We will explore the possible contours of a more comprehensive delivery system, which might include on-line legal advice and other technological innovations; simplification of rules and procedures; expanded roles for paralegals; expanded roles for the private bar; vouchers and low fee/"low-bono" service; and pre-paid or legal insurance systems. This course meets the professional responsibility requirement for the J.D. degree.

There will be no examination but students will, in consultation with the course instructor, develop, carry out and write up a project or research paper that relates to making legal services available. Students may work on course projects individually, or in pairs or groups. Where appropriate and with permission of the instructor, completion of student projects may extend beyond the semester Examples of student course projects are included in the course readings or available from the course instructor. Students may satisfy the J.D. writing requirement in connection with the course for one additional credit.

Students may elect a clinical component for 2, 3 or 4 clinical credits in either the fall or spring semester. Students who wish to take this class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Legal Profession: Ethics of the Legal Profession B2

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

Visiting Professor Sharon Dolovich
4 classroom credits LAW-42300A Spring

Lawyers wear many hats. They are representatives of clients, officers of the court, members of the legal profession, and (as the ABA puts it), "public citizens having special responsibility for the quality of justice." They are also individuals who have their own values and commitments, as well as the need to earn a living. The practice of law thus continually creates dilemmas for lawyers. What to do when role demands conflict? This course will consider the nature and scope of lawyers' professional and ethical obligations. We will examine the rules of professional responsibility as well as legal ethics more broadly, while keeping in mind the structure and politics of the legal profession. Topics include the duty of confidentiality, the regulatory structure of the bar (including admissions and discipline), conflicts of interest, the choice of clients, billing pressures, the discovery process, and the structure of legal education. Particular attention will be paid throughout the course to the idea of zealous advocacy; the pressures of practice in institutional settings, especially for junior lawyers; and the moral psychology of the legal profession.
There will be a take-home final examination, as well as an ungraded but mandatory 2-3 page reflection paper due midway through the semester. Students will be expected to be prepared for class, and to participate in class discussion. Laptops cannot be used in class.

Legal Profession: Tactics and Ethics in Criminal Litigation A1

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

Professor Alan Dershowitz
2 classroom credits LAW-42300A Fall

This course will take a "problem approach" to the professional responsibility of the criminal lawyer. After an introduction to the various canons, codes, and other formal and informal guides to lawyers' conduct, the students will be presented each week with an actual problem or set of problems confronted by prosecutors, retained defense attorneys and public defenders in their relationships with clients, witnesses, investigators, the police, judges, and other participants in the justice system. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar's Office if questions arise.

Legal Profession: The Lawyering Process A

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

Ms. Jeanne Charn
2 classroom credits LAW-42300A Fall
3 or 4 required clinical credits LAW-42300C Fall

This course introduces students to the challenges and rewards of civil law practice for low and moderate income clients. A significant concurrent or prior student practice experience is the primary material for all class meetings and discussions. The goals of the course are: (1) to provide a strong foundation for developing lawyering skills; (2) to enhance student understandings of what lawyers do, with particular attention to professional role, values, and ethics; and (3) to develop skills of peer and self-assessment. Transactional work (advising, drafting, and deal-making) will be emphasized equally with litigation skills. Class meetings will discuss specific lawyering tasks such as client counseling and interviewing, investigation of claims, approaches to negotiation, argument and case presentation skills. Many class meetings will involve viewing and analyzing filmed examples of lawyer work. In every class, we will emphasize the inter-connection of the relational, ethical, and strategic dimensions of excellent lawyer work.

There will be no examination but students will, in consultation with the course instructor, develop, carry out and write a report on a project or research paper that addresses an ethical or professional issue in their clinical work or that arises in the weekly class meetings or course readings. Students may work on course projects individually, or in pairs or groups. Students may satisfy the J.D. writing requirement in connection with the course for one additional credit.

This course satisfies the professional responsibility requirement for the J.D. degree and is open to 2Ls and 3Ls.

Students with concurrent clinical credits will be involved in clinical practice at the WilmerHale Legal Services Center and will schedule some time on site at the Center's main office in the Jamaica Plain neighborhood of Boston. Students who have completed a clinical at the Center may enroll in either the fall or spring course and may elect to add additional clinical credits. Students may arrange clinical placements at other practice sites with permission of the course instructor.

Students will elect 3 or 4 clinical credits and choose either the Housing clinic or the Trauma Learning Policy Initiative (TLPI) Workshop at the Legal Services Center. Students in either of these two clinics will be enrolled in an additional 1 class-credit workshop. Other clinics at the Legal Services Center may be available and will require enrollment in an additional 2 class-credit workshop. Students who have completed a clinical at the Center prior to taking this course are not required to enroll in a workshop and may enroll for classroom credit only or for classroom and additional clinical credits. Students may be admitted to the fall course without contemporaneous or prior clinical at the Center with permission of the instructor upon demonstrating that they have civil practice experience substantially equivalent to the clinical pre-requisite or concurrent requirement. Students with questions should e-mail the course instructor, Jeanne Charn, at charn@law.harvard.edu.

Maximum of 20 students each semester.

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

Legal Profession: The Lawyering Process B4

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

Ms. Jeanne Charn
2 classroom credits LAW-42300A Spring
2, 3, or 4 required clinical credits LAW-42300C Spring

This course introduces students to the challenges and rewards of civil law practice for low and moderate income clients. A significant concurrent or prior student practice experience is the primary material for all class meetings and discussions. The goals of the course are: (1) to provide a strong foundation for developing lawyering skills; (2) to enhance student understandings of what lawyers do, with particular attention to professional role, values, and ethics; and (3) to develop skills of peer and self-assessment. Transactional work (advising, drafting, and deal-making) will be emphasized equally with litigation skills. Class meetings will discuss specific lawyering tasks such as client counseling and interviewing, investigation of claims, approaches to negotiation, argument and case presentation skills. Many class meetings will involve viewing and analyzing filmed examples of lawyer work. In every class, we will emphasize the inter-connection of the relational, ethical, and strategic dimensions of excellent lawyer work.

There will be no examination but students will, in consultation with the course instructor, develop, carry out and write a report on a project or research paper that addresses an ethical or professional issue in their clinical work or that arises in the weekly class meetings or course readings. Students may work on course projects individually, or in pairs or groups. Students may satisfy the J.D. writing requirement in connection with the course for one additional credit.

This course satisfies the professional responsibility requirement for the J.D. degree and is open to 2Ls and 3Ls.

Students with concurrent clinical credits will be involved in clinical practice at the WilmerHale Legal Services Center and will schedule some time on site at the Center's main office in the Jamaica Plain neighborhood of Boston. Students who have completed a clinical at the Center may enroll in either the fall or spring course and may elect to add additional clinical credits. Students may arrange clinical placements at other practice sites with permission of the course instructor.

Students will elect 3 or 4 clinical credits and choose either the Housing clinic or the Trauma Learning Policy Initiative (TLPI) Workshop at the Legal Services Center. Students in either of these two clinics will be enrolled in an additional 1 class-credit workshop. Other clinics at the Legal Services Center may be available and will require enrollment in an additional 2 class-credit workshop. Students who have completed a clinical at the Center prior to taking this course are not required to enroll in a workshop and may enroll for classroom credit only or for classroom and additional clinical credits. Students may be admitted to the fall course without contemporaneous or prior clinical at the Center with permission of the instructor upon demonstrating that they have civil practice experience substantially equivalent to the clinical pre-requisite or concurrent requirement. Students with questions should e-mail the course instructor, Jeanne Charn, at charn@law.harvard.edu. Maximum of 20 students each semester.

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

Legal Profession: Traversing the Ethical Minefield B5

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

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

Almost every course you take in law school makes you better able to help your clients fulfill their hopes and dreams. This course is designed to help fulfill your own professional obligations while also providing services to your clients consistent with their ethical entitlements. Through the use of hypothetical problems grounded in the real world, Susan Martyn & Lawrence Fox, Traversing the Ethical Minefield and Susan Martyn, Lawrence Fox & Brad Wendel, The Law Governing Lawyers, a standards book, the class will explore many of the challenging dilemmas that confront the conscientious lawyer who wants to conform his or her conduct to the applicable rules of professional conduct and other law governing lawyers. At the same time we will consider whether the present rules of professional conduct properly address the issues with which the profession must grapple in striking balances among the obligations of lawyers vis-a-vis clients, lawyers as officers of the court and lawyers as citizens. Class attendance and participation is essential. There will be an open book final examination of three hours duration. Enrollment is limited to 60 students. The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components and should check with the Registrar's Office if questions arise.

Legal Research: Advanced

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

Ms. Virginia J. Wise
3 classroom credits LAW-42900A Fall

American legal research in the twenty-first century offers an often bewildering array of options. This course will offer an in-depth exposure to the dissemination and use of legal information in various formats, including print, Lexis, Westlaw, and the Internet. Emphasis will be placed on contemporary developments, such as the new Lexis headnotes feature, Key Search, Search Advisor, and emerging Internet providers of information. The course will focus on practical techniques and strategies for research, but will include some examination of information policy issues. Students should find the course particularly useful to prepare for conducting third-year paper research, writing and editing for law reviews, participating in clinical courses, working as a faculty research assistant, serving a judicial clerkship, practicing law, or becoming a legal academic. At the end of the course students should be able to find current and retrospective cases, records and briefs, verdicts, settlements and other litigation materials, statutes, administrative rules and regulations, administrative decisions, and periodical articles and books in print, online and on CD-ROM from any U.S. jurisdiction. Students will be able to compile legislative histories and use legal looseleaf services. They will be proficient in using online catalogs to retrieve materials both at Harvard and at other institutions. They will receive an introduction to an array of non-legal material available through Nexis, Harvard Libraries E Resources, Dow Jones, and Dialog databases on Westlaw which may be useful for legal researchers. The course will meet once each week for an hour and 45 minutes in a lecture setting and for one hour and 15 minutes each week in the computer lab. Students taking the course for three credits will be required to complete a series of eight research assignments throughout the term using print and online sources, two in-class quizzes announced in advance, and one short (10-15 pages) paper. There is no final examination. Enrollment may be limited due to constraints on lab space. Students may elect to write a paper for one hour extra credit in this course. This paper may, but need not be, written for the third year paper requirement. Students electing this option will be expected to complete an extensive (40-60 pages) research guide in a given subject area chosen by the student. This guide is intended to apply and synthesize the practical knowledge gained during the course. Course materials will include a legal research textbook, the Bluebook, and supplementary materials distributed by the instructor. Please note this course will be offered in the fall semester only in 2007-2008.

Legal Research: International, Foreign, and Comparative

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

Ms. Virginia J. Wise
3 classroom credits LAW-43000A Fall

This course will provide an overview of research in international, foreign, and comparative law. As legal practice becomes more global, Harvard-educated lawyers need to be able to conduct research worldwide. The course should be especially valuable to students expecting to fill their third-year paper requirement on an international, foreign, or comparative law topic, journal editors editing and working on foreign and international materials, students planning to work in U.S. firms, government agencies, or NGOs with foreign or international concerns, or to work abroad. Emphasis will be placed on the use of Internet, and online sources such as Lexis and Westlaw, although the use of print materials will also be covered. Approximately half the course will explore formal international law by examining treaty research, both U.S. and non-U.S., and use of sources, such as the international law digests, Restatement on Foreign Relations, and United Nations documents. International trade research, with an emphasis on the WTO, will serve as an example of specialized topical international legal research. The European Union will serve as a model for doing research using regional organizations' legal materials. Although it will obviously not be possible to cover all non-U.S. jurisdictions, the foreign law component of the course will use one non-U.S. common law jurisdiction and one civil law jurisdiction as paradigms of the structure of legal information in those systems. Students should be able to find legal materials, including books and periodicals, in English and foreign languages at Harvard and elsewhere around the world, upon completion of this course. The course meets twice a week, one day in a lecture setting and one day in the computer lab. Students taking the course for three credits will be required to complete a series of eight legal research assignments requiring the use of print, CD-ROM, and online sources, take two quizzes announced in advance, and complete one short (10-15 pages) paper. There is no final examination in this course. As with any study of international, foreign, or comparative law, some knowledge of a language other than English is useful, but not required for the course. Legal Research: Advanced is not a prerequisite for this course. Any LL.M. student registering for the course must have taken Legal Research: Introduction to American and International Law. Students may elect to write a long paper for one hour extra credit in this course. This paper may, but need not be, written for the third year paper requirement. Students electing this option will be expected to complete an extensive (40-60 page) research guide in a given subject area chosen by the student. This guide is intended to apply and synthesize the practical knowledge gained during the course. Course materials will consist of photocopied materials prepared by the instructor and publishers' explanatory handouts. Please note this course will be offered in the fall semester only in 2007-2008.

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

Fall term, Block B
W 8:00 AM - 10:00 AM

Ms. Virginia J. Wise
1 classroom credit LAW-43200A Fall

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

Legal Services Center Clinical Workshop - Housing A

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

Mr. Rafael Mares 1 classroom credit LAW-32350A Fall

This workshop is a required component for students working in the Housing clinic of the WilmerHale Legal Services Center. Students do not register for this on their own, but rather will be automatically enrolled in this workshop by the Office of Clinical and Pro Bono Programs if placed at this clinic.

Students interested in the Housing clinic should contact the Clinical and Pro Bono office for enrollment information (clinical@law.harvard.edu).

Legal Services Center Clinical Workshop - Housing B

Spring term, Block M
Th 7:15 PM - 9:15 PM

Mr. Rafael Mares 1 classroom credit LAW-32350A Spring

This workshop is a required component for students working in the Housing clinic of the WilmerHale Legal Services Center. Students do not register for this on their own, but rather will be automatically enrolled in this workshop by the Office of Clinical and Pro Bono Programs if placed at this clinic.

Students interested in the Housing clinic should contact the Clinical and Pro Bono office for enrollment information (clinical@law.harvard.edu).

Legal Services Center Clinical Workshop - Special Education / Trauma and Policy Learning Initiative A

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

Ms. Susan Cole and Mr. Michael Gregory
1 classroom credit LAW-32350A Fall

This workshop is a required component for students working at the WilmerHale Legal Services Center in the Special Education / Trauma and Learning Policy Initiative. Students do not register for this on their own, but rather will be automatically enrolled in this workshop by the Office of Clinical and Pro Bono Programs if placed at this clinic.

Students interested in the Special Education Clinic / Trauma and Learning Policy Initiative should contact the Clinical and Pro Bono office for enrollment information (clinical@law.harvard.edu).

Legal Services Center Clinical Workshop - Special Education / Trauma and Policy Learning Initiative B

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

Ms. Susan Cole and Mr. Michael Gregory
1 classroom credit LAW-32350A

This workshop is a required component for students working at the WilmerHale Legal Services Center in the Special Education / Trauma and Learning Policy Initiative. Students do not register for this on their own, but rather will be automatically enrolled in this workshop by the Office of Clinical and Pro Bono Programs if placed at this clinic.

Students interested in the Special Education Clinic / Trauma and Learning Policy Initiative should contact the Clinical and Pro Bono office for enrollment information (clinical@law.harvard.edu).

Legal Writing: Advanced A

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

Mr. Philip Burling
2 classroom credits LAW-43410A Fall

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

Legal Writing: Advanced B

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

Mr. Philip Burling
2 classroom credits LAW-43410A Spring

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

Legislation

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

Visiting Professor David Super
3 classroom credits LAW-43460A Spring

This course will provide an introduction to theories of the legislative process and their relation to the theory and doctrine of statutory interpretation. The course begins with a case study of the Civil Rights Act of 1964 that illustrates both key features of the legislative process and major issues in statutory interpretation. The course then will turn to a comparison of the roles, procedures, and outputs of legislatures and courts. The majority of the course will consist of a detailed analysis of the theory and practice of statutory interpretation. Self-scheduled examination.

Legislation and Regulation 1

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

Professor Todd D. Rakoff
4 classroom credits LAW-13500A Spring

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 2

Spring term, Block B
W,Th,F 8:30 AM - 9:45 AM

Professor Matthew Stephenson
4 classroom credits LAW-13500A Spring

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 3

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

Professor Adrian Vermeule
4 classroom credits LAW-13500A Fall

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 4

Fall term, Block C
M,T,W 10:20 AM - 11:35 AM

Professor John F. Manning
4 classroom credits LAW-13500A Fall

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 5

Spring term
W,Th,F 1:25 PM - 2:40 PM

Professor David Barron
4 classroom credits LAW-13500A Spring

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 6

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

Professor Mark Tushnet
4 classroom credits LAW-13500A Fall

Legislation and Regulation is an introduction to lawmaking in the modern administrative state. It will examine the way Congress and administrative agencies adopt binding rules of law (statutes and regulations, respectively) and the way that implementing institutions -- courts and administrative agencies -- interpret and apply these laws. It will consider, in particular, the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the agencies, and the courts. It will consider, in particular, the justifications for regulation, the structure of the modern administrative state, etc.

Legislation and Regulation 7

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

Professor Jody Freeman
4 classroom credits LAW-13500A Fall

This course is an introduction to lawmaking in the modern administrative state. We will focus on the relationships among the key institutions that comprise the administrative state: Congress, administrative agencies, and courts. In particular, the course will examine the way Congress and administrative agencies adopt binding rules of law, the way that administrative agencies implement those rules of law, and the way courts review and interpret these rules. This course will differ from your other first year courses in that it focuses on legislatures and agencies as lawmaking institutions; here, the main role of courts is to interpret the statutes and regulations that Congress and the agencies, respectively, pass. In your other courses, by contrast, courts are not primarily interpreting the product of other institutions. Instead, courts themselves are the key institutional source of lawmaking: they develop "common law" principles and rules as they decide cases over time. The first part of the course will focus on the United States Congress and the legislative process. The second part will focus on federal government agencies and the administrative process. The assigned casebook is Cass, Diver, Beermann, Administrative Law Cases and Materials (5th Ed.), available for purchase in the law school bookstore.

Letters of Thomas Jefferson (The): Reading Group

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

Professor Alan Dershowitz
1 classroom credit LAW-41935A Fall

In this reading group we will read selections from the 18,000 letters that Thomas Jefferson wrote during his remarkable career. His letters are a rich window into the early history of our nation and to the legal system he helped to build. They also tell us much about this remarkably complex man.

Litigation Risk Management: Reading Group

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

Visiting Professor Jonathan Molot
1 classroom credit LAW-43475A Fall

Students will read selected articles on how litigants and their lawyers manage litigation risk. Topics covered will include alternative fee arrangements, litigation and settlement dynamics, and innovative business models designed to transfer or pool litigation risk. Class will meet every other week for two hours, there will be no paper or exam, and class will be graded pass/fail.

Local Government Law

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

Visiting Professor David Super
3 classroom credits LAW-43500A Spring

With an increasing trend toward devolution, many important public policy areas have become impossible to understand without an appreciation of institutions of state and local government. This is true of environmental regulation, welfare law, health care, civil rights, workplace safety, and many more. Moreover, many policy areas traditionally within the control of state and local governments -- education, family law, public health, land use planning, transportation, important aspects of taxation, etc. -- have become increasingly complex and contentious. These issues often pit local governments against the federal government, their states, or other local governments; the winner often is the side that most effectively manipulates the rules delineating the respective powers of state and local governments. This course will explore the structures and powers of state and local governments. In doing so, it will test the implications of contrasting visions of local governments: as creatures of their states, as social and political communities, and as economic entities. Self-scheduled examination or paper option.

Making Rights Real: The Ghana Project

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

Professor Lucie E. White
4 classroom credits LAW-43610A Fall/Winter
(1 credit Fall + 3 credits Winter)
1 or 2 optional clinical credits Fall

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

Students may also enroll for 1 or 2 clinical credits for the Fall Term.

Enrollment is by application only. To apply, send a statement of interest and resume to Prof. White's assistant, Moira Harding (mharding@law.harvard.edu), by Wednesday, April 11, 2007. After April 11, please contact Moira Harding for possible waitlisting.

Making Rights Real: The Ghana Project

Winter term

Professor Lucie E. White
4 classroom credits LAW-43610A Fall/Winter
(1 credit Fall + 3 credits Winter)
1 or 2 optional clinical credits Fall

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

Students may also enroll for 1 or 2 clinical credits for the Fall Term.

Enrollment is by application only. To apply, send a statement of interest and resume to Prof. White's assistant, Moira Harding (mharding@law.harvard.edu), by Wednesday, April 11, 2007. After April 11, please contact Moira Harding for possible waitlisting.

Mediation

Spring term, Block L
Th 4:00 PM - 7:00 PM

Mr. David A. Hoffman
3 classroom credits LAW-44000A Spring

Mediation is having an increasingly profound impact on the way law is practiced in the U.S. and internationally, and clients expect both transactional lawyers and litigators to have a working knowledge of the mediation process. This course focuses on the theory and practice of mediation. Students will have opportunities to try mediating -- and serving as an advocate in mediation -- at an early stage in the course and near the end as well. The readings and discussion will address legal, ethical and policy issues arising from the use of mediation -- such as confidentiality and privilege, credentialing of mediators, the institutionalization of mediation in courts and world of business, differing styles of mediation and mediation advocacy, and the role of gender, class, culture and psychology in the mediation process. A research paper will be required in lieu of a final exam. Students will also do some writing during the semester about the readings -- approximately one page per week. Enrollment is limited to twenty-four students. There will be an 8-hour mediation training session on Sunday, February 10, led by Mr. Hoffman, with several experienced mediators serving as role play coaches; all students who wish to take the course must participate in that session. Text: Goldberg, Sander, Rogers and Cole, Dispute Resolution (5th ed. 2007), and photocopied materials.

Students may participate in an optional clinical component with placement at the Harvard Mediation Program (HMP) or the WilmerHale Legal Services Center's Family Mediation Clinic. Up to five students may be placed at HMP for one clinical credit. HMP students must complete an additional three days of training in February, mediate or observe in small claims court in the Boston area every week during the Spring semester, and work one hour per week in the HMP office. Students may also work at the Family Mediation Clinic of the WilmerHale Legal Services Center in Jamaica Plain, helping families resolve and settle cases involving such issues as custody, visitation, child support, division of property and debt, tax implications and children's education expenses. Students at the Family Mediation Clinic must work a minimum of 10 hours per week (2 clinical credits) during the spring semester, and take an additional 2-credit workshop that teaches the practice skills used in the clinic. To enroll in the optional clinical component, contact the Office of Clinical and Pro Bono Programs (clinical@law.harvard.edu) by January 18, 2008.

Mergers, Acquisitions, and Split-ups

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

Professor Robert C. Clark and Chancellor Leo E. Strine, Jr.
4 classroom credits LAW-43900A Fall

This course, co-taught by a corporate law professor (who is also a director) and a member of the Delaware Court of Chancery, will focus on the state law affecting corporate mergers and acquisitions (including both third-party and going-private deals), and divestitures such as spin-offs and split-ups. It will also deal substantially with merger agreements, considered as contracts, and with the business aspects of breakup plans. The course will have a practical bent and will address the real-world problems faced by parties contemplating, attempting, or resisting acquisitions and divestitures, as well as the policy dilemmas faced by courts called upon to assess such transactions. To further this goal, several classes may involve the participation of leading practitioners.
Please note that, while most classes will be held on Mondays and Tuesdays, some sessions of this course will be scheduled to occur on Wednesdays during the same course block (5 pm to 7 pm). Accordingly, students in the course should not plan on enrolling in any other course or seminar that is held at this time.

Moral Order and the Irrational: Readings in Nietzsche and Freud: Seminar

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

Professors Richard Parker and Alan Stone
2 classroom credits LAW-97351A Fall

This seminar will reexamine selected texts of Nietzsche (1844-1900) and Freud (1856-1939), two thinkers who challenged the moral order on the basis of claims that they had unmasked the natural order and revealed the human condition. The work of the seminar will involve a close and critical reading of the texts that challenged traditional authority and shaped the moral skepticism of the twentieth century.

Students will be required to submit 4 brief critical papers (1500 words) dealing with the assigned readings in the course of the seminar. The papers will be distributed prior to each seminar and serve as a focus for discussion. Regular attendance and active participation is expected.

Motivation: Seminar

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

Professors William Fisher and Yochai Benkler
2 classroom credits LAW-97955A Spring

What prompts people to do what they do? A rapidly growing literature in several disciplines -- psychology, sociology, neuroscience, and economics -- casts new light on this age-old question. We will read deeply in that literature and then consider its implications for the design of legal, political, and economic institutions. Among those institutions will be: intellectual property; representative or participatory democracy; criminal law; contract and employment law; the organization of private firms; and decentralized, collaborative systems for producing software.

Approximately two thirds of the classes will consist of seminar-style discussions; approximately one third will consist of presentations by outside speakers.

The course is open to graduate students in all schools and departments within the university. Participants will be expected both to contribute to the discussion insights drawn from their specialties and to grapple seriously with questions and arguments drawn from disciplines far outside their zones of expertise. Each participant must prepare a substantial research paper.

2 classroom credits; 1 paper credit. Admission by permission of the instructors. (Applications for admission should be sent to curley@law.harvard.edu.) Enrollment limited to 20.

Multiculturalism and the Law: Seminar

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

Visiting Professor Ayelet Shachar
2 classroom credits LAW-97298A Fall

Tensions over the expression of religious and cultural identities have mounted in recent years, leading courts and legislatures around the world to intervene in charged disputes over such issues as religious dress codes, the cultural defense in criminal law, the enforcement of customary marriage and divorce traditions, and the provision of medical treatment to children counter to the tenets of their parents' religious belief. This course will draw upon the experience of the US and other legal systems to explore whether, and how, the law should recognize religious, cultural, and linguistic identities. It will consist of three parts. The first part will explore the foundations of multiculturalism as a theory of differentiated citizenship. The second part will examine specific policy arenas in which members of minority religious communities may petition the state for legal recognition or accommodation of their distinctive traditions. The third and final part of the course will explore innovative legal-institutional designs aimed at reducing the tension between the accommodation of cultural differences and the protection of individual rights.
Requirements include regular attendance and participation, two short reaction papers, and a final seminar paper.

Mumbai: Reading Group

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

Professor Gerald Frug
1 classroom credit LAW-44065A Fall

Mumbai, formerly called Bombay, is the largest city in India, with a population of more than 12 million people. (The metropolitan area, with more than twice the city's population, is the sixth most populous in the world.) The city has an intense version of water and sanitation, transportation, economic development, land use planning, corruption, inter-group conflict. This reading group will focus on a particular angle of vision toward theses problems: what government organization (the nation? the state of the Maharashtra in which Mumbai is located? the city government? public authorities or corporations?) is empowered to do anything to address these problems? The subject is too vast for a reading group. But we will read material that introduces the city, its problems, and the organizations designed to work on them. For those of us (like me) interested in local government in general and local government law in particular, Mumbai is a good case study. If progress in the organization of urban governance can be made there, it can be made anywhere.

National Security Investigations and Litigation: Seminar

Fall term
W 5:00 PM - 7:00 PM

Professor Jack Landman Goldsmith III and Mr. James Baker
2 classroom credits LAW-97525A Fall

This seminar will address the law governing FBI national security investigations and related litigation. Topics will include electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act (FISA), National Security Letters and other investigative tools, and the handling of classified information at trial, through, for example, the Classified Information Procedures Act (CIPA). National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. The seminar will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Participation in a half-day investigative exercise, and a short paper (20 pages), are required. This seminar is by permission of the instructor only and students should submit a statement of interest to lsperoni@law.harvard.edu by September 1. The class is not open to 1Ls.

Negotiation Advanced: Deal Setup, Design and Implementation

Spring term, Block E/G
M,T 1:00 PM - 3:15 PM

Professors Guhan Subramanian (Harvard Law School) and James K. Sebenius (Harvard Business School)
4 classroom credits LAW-44130A Spring

This advanced negotiation and dealmaking course offers students two distinctive features:

First, many of the class sessions will be structured around high profile recent or ongoing deals. Student teams will research and analyze these transactions in order to present their most important aspects and lessons to the class. For many of these presentations (as well as some more traditional case studies and exercises), the practicing lawyers, bankers, and/or business principals who participated in the transactions under discussion will attend class, listen to the team's assessment, provide their perspectives, and suggest broader negotiation insights.

Second, the class will be composed of an equal number of business and law school students, and will be jointly taught by faculty from the business and law schools. These differences in professional background, perspective, and experience should be highly complementary, mutually informative, and in line with the perspectives represented in most significant negotiations.

Topics developed throughout the course include how negotiators create and claim value through the setup, design, and tactical implementation of agreements. The first part provides advanced tools for identifying, setting up, and negotiating value-creating deals. This module will explore the inevitable tension between creating and claiming value; complexities that can arise through agency, asymmetric information, moral hazard, and adverse selection; structural, psychological, and interpersonal barriers that can hinder agreement; and the particular challenges inherent in the roles of advisors as negotiators. It will also identify the differences between deal-making and dispute resolution; single-issue and multiple-issue negotiations; and between two parties and multiple parties.

The second part of the course will apply these tools to a series of real-world deals. Some of these case studies will follow the usual HBS case study method; in other cases, as described above, student teams will examine and present the deal to the class and, often, to participants in the actual negotiation.

For business school students, the First Year Negotiation course is a prerequisite. For law school students, the basic course in Corporations and the Negotiation Workshop are prerequisites, or permission of the instructor.

Evaluation will be on the basis of class participation, deal presentation, and a paper.

Please note: In 2007-08, the sessions will take place at HBS-Aldrich 208. Half the seats will be reserved for HLS students and half for HBS students.

Negotiation Clinical: Seminar

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

Assistant Clinical Professor Robert Bordone
1 classroom credit LAW-44105A Spring
2 or 3 required clinical credits LAW-44105C Spring

This 1-credit seminar is the required classroom component for students doing work through the Negotiation Clinical Program during the Spring of 2008. Students will read and discuss works related to the various models for conducting conflict assessments, designing dispute systems, and working as a lawyer to be an effective deal-design architect. In addition, readings and discussions will focus on the practical and ethical quandaries and special challenges faced by professionals in conflict resolution, mediation, and dispute systems design. Some sessions will require students to present problems related to the clinical work in which they are currently engaged to the members of the class for discussion and brainstorming. The class will meet bi-weekly for two hours during the spring semester.

Enrollment is limited to 10 students. Negotiation Workshop is a pre-requisite.

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

Negotiation Workshop A

Fall term
F,F 1:00 PM - 4:15 PM

Visiting Professor Russell Korobkin
3 classroom credits LAW-44100A Fall

All lawyers, regardless of specialty, must negotiate: with opposing counsel, with clients, and with members of their own firms or organizations. This 3-unit course provides an overview of the theoretical issues negotiators must confront and an opportunity for students to hone their negotiating skills. Topics will include negotiation preparation, integrative and distributive bargaining, the effect of psychological factors and social norms in negotiation, unique issues that arise when lawyers are involved in negotiation, legal rules affecting the negotiation process, the personal styles of negotiators, and differences between two-party and multi-party negotiating situations. The course will meet once a week for an intensive 3 hour workshop, with each session combining lecture, negotiating exercises, and class discussion. Grades will be based on results obtained in negotiation simulations, class participation, and a final exam. Because each class meeting will include a simulation and absences thus affect the learning experience of the students in attendance, absences for reasons other than illness will not be excused and will affect final grades. The course will be limited to 24 students.

Negotiation Workshop B

Spring term, Block G/L
W,Th 3:00 PM - 7:10 PM

Assistant Clinical Professor Robert Bordone
4 classroom credits LAW-44100A Spring

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers--whether putting together a start-up company, arranging venture financing, or preparing an initial public offering--are called upon to negotiate on behalf of their clients. Public interest lawyers, in-house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators.

This Workshop, by combining theory and practice, aims to improve both the participants' understanding of negotiation and their effectiveness as negotiators. Drawing on work from a variety of research perspectives, the readings and lectures will provide students with a framework for analyzing negotiations and tools and concepts useful in negotiating more effectively. Participants will spend much of their time in a series of negotiation exercises and simulations, where as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what does not work, and why.

The Workshop is intensive and time-consuming. It meets Wednesdays and Thursdays from 3:00 p.m. to 7:10 p.m. In addition, students will need to be present for exercises for portions of two weekends during the term. These sessions are required. The Workshop will be limited to 96 students who will be divided into four working groups of 24 each. Plenary sessions of the full class will be devoted to demonstrations, discussion problems, lectures, video and film. Much of the time devoted to exercises and simulations will take place in the smaller working groups, each of which will be led by an experienced instructor and a teaching assistant.

No fewer than 20 spots will be reserved for 1Ls. 1Ls will be admitted to the course through an application process during the fall semester. The remainder of the slots will be open to all 2Ls, 3Ls, LL.M.s and cross-registrants who will be interspersed within the working groups. In addition to participating in the daily activities, students will be expected to keep a journal and write a short paper. The journal is submitted weekly. This course has no final examination and will end several weeks before the end of the spring semester in light of the intensity of the Workshop during the term. During the first week of the Workshop, upperclass and LL.M. students will be given an opportunity to elect to take the Workshop on a pass/fail basis. For cross-registrants, the availability of the pass/fail option is dependent on the policies of their home school.

In addition to participating in the daily activities, students will be expected to keep a journal and write a short paper. The journal is submitted weekly. This course has no final examination and will end several weeks before the end of the spring semester in light of the intensity of the Workshop during the term. During the first week of the Workshop, upperclass and LL.M. students will be given an opportunity to elect to take the Workshop on a pass/fail basis. For cross-registrants, the availability of the pass/fail option is dependent on the policies of their home school.

Negotiation Workshop C

Winter/Spring term
M,T,W,Th,F 9:00 AM - 5:00 PM

Professor Robert H. Mnookin
4 classroom credits LAW-44100A Winter/Spring

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers whether putting together a start-up company, arranging venture financing, or preparing an initial public offering are called upon to negotiate on behalf of their clients. Public interest lawyers, in-house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators. This Workshop, by combining theory and practice, aims to improve both the participants' understanding of negotiation and their effectiveness as negotiators. Drawing on work from a variety of research perspectives, the readings and lectures will provide students with a framework for analyzing negotiations and tools and concepts useful in negotiating more effectively. Participants will spend much of their time in a series of negotiation exercises and simulations, where as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what does not work, and why. The Workshop is intensive and time-consuming. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend sessions. Students may not take the Workshop if they have other courses that conflict with the daily hours or with any other significant obligation during the winter term. There will be no classes during the spring term. The Workshop will be limited to 144 students who will be divided into six working groups of 24 each. Sessions of the full class will be devoted to demonstrations, discussion problems, lectures, video and film. Much of the time devoted to exercises and simulations will take place in the smaller working groups, each of which will be led by an experienced instructor and a teaching assistant. The final drop/add deadline will be November 20, 2007. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly. In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper will be due on March 7, 2008. During the first week of the Workshop, students will be given an opportunity to elect to take the Workshop on a pass/fail basis. For cross-registrants the availability of the pass/fail option is dependant on the policies of their home school.

Negotiation: Dealing With Emotions: Seminar

Fall term
Th 3:00 PM - 5:00 PM

Professor Daniel L. Shapiro
2 classroom credits LAW-97810A Fall

The field of law has come to a growing understanding about the importance of negotiation in everyday practice. Negotiation theory, however, has focused predominantly on the rational dimension of human behavior. This is important, but only half the story. Negotiators often get caught up in negative emotions such as anger, fear, and suspicion. Understanding the nature of emotions and how to transform them is critical to improve the negotiation process and outcome.

This course offers a powerful framework to help lawyers deal with the emotional dimension of negotiation. Participants will learn prescriptive strategies to change perceived roles from adversaries to colleagues facing a joint problem. As a result, negotiators will be more amenable to influence and joint work. The course framework also will allow students to know some of the fundamental emotional interests of other negotiators even upon meeting them for the first time.

The course framework for dealing with emotions has been developed by Professor Shapiro and Professor Emeritus Roger Fisher and has been enriched by the growing empirical literature on emotions, identity-based conflict, and social interaction. The framework will be discussed in a number of negotiation contexts ranging from the interpersonal to the international.

The seminar will be offered in a two-hour session, one day a week. There are in-class and out-of-class exercises to experiment with course techniques. Each participant will be expected to write a paper on a topic approved by the professor.

Prerequisite: A basic negotiation course, workshop, or seminar.

Nonprofit Sector and Philanthropy

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

Professor Daniel I. Halperin and Adjunct Lecturer
Marion Fremont-Smith
1 classroom credit LAW-99311A Spring

This seminar, which will be offered jointly by the Law School and the Hauser Center (Kennedy School of Government), will provide students an opportunity to discuss current research concerning nonprofit institutions and charitable giving, including the societal role of nonprofits, accountability and governance, enforcement, political and business activities, and pertinent aspects of the tax law. At most of the meetings invited speakers will present works-in-progress. Students are required to submit before the session written comments on the papers to be presented. This seminar meets every other week beginning the second week in the Spring semester

Patent Law

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

Professor William W. Fisher
4 classroom credits LAW-44250A Spring

This course will explore patent law in depth. Approximately two thirds of the class time and readings will be devoted to the American patent system; the remainder will be devoted to the major relevant multilateral treaties and to the patent systems of other countries. Substantial attention will be paid to the efforts by economists to justify, reform, or abolish patent law and to the impact of patent law on developing nations. Students will be expected to participate via email in a discussion of the issues raised by the course. Materials will consist of Robert Merges and John Duffy, Patent Law and Policy (3rd ed. 2002) and a set of supplementary readings available through the course homepage.

Students may not take both this course and the Patents course taught by Professor Arti last year. Students may take this course and the "Introduction to Patents, Copyrights, and Similar Exclusive Rights Regimes taught by Professor Benkler this Fall but with one fewer credit for the second course taken because of the overlap.

Perspectives on International Human Rights: Reading Group

Fall term
Th 3:00 PM - 5:00 PM

Ms. Mindy Jane Roseman
1 classroom credit LAW-44273A Fall

The objective of this reading group is to expose LLM Human Rights Concentrators to the contemporary political, structural, strategic, and ethical issues facing the field from the dual perspectives of scholarship and practice.

Each session will be devoted to a selected topic, and pair older and recent scholarship, with an investigative or policy report. Topics will likely include human rights in relation to: globalization; cultural relativism/universalism; sex/gender; health; American exceptionalism; institutional reform; methodology; and professionalisation. Sessions may tie into HRP guest lectures, in which case attendance at those lectures will be required. Finally two sessions at the end of the reading group will be set aside for discussion and criticism of LLM paper topics.

Course Requirements: A reasonable amount of reading will be assigned for each session; you will be expected to read have closely read the material and actively participate in discussion. For each session a student (or students) will make a presentation to the class, as well as provide questions to frame discussion.

Persuasion Through Legal Argument: Reading Group

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

Professor Richard Parker
1 classroom credit LAW-44275A Spring

How could legal argument persuade anyone who has been to law school? Or more precisely: How could legal argument persuade someone who is sophisticated enough to understand that every such argument is -- from top to bottom and from side to side -- eminently and thoroughly contestable? In this reading group, we'll consider various writings about legal persuasion along with various Supreme Court opinions.

Philadelphia Convention of 1787 (The): Reading Group

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

Visiting Professor Mary Bilder
1 classroom credit LAW-44285A Spring

This reading group will focus on the Philadelphia Convention of 1787 through a close reading of The Records of the Federal Convention of 1787 (ed. Max Farrand). We will explore the writing of the Constitution as a political, legal, historical, cultural, intellectual, and literary process. We will consider the role of lawyers and politicians, the meaning of constitution, the politics of representation and slavery, the relationship of empire and federalism, assumptions about a judiciary and judicial review, and conceptions of the executive, among other topics. We will also focus on aspects of the process such as procedural maneuvering, the use of committees, postponement and delay, issue exhaustion and avoidance, unintended consequences, shifting vocabulary, the power of personality, drafting discretion, and overall general sneakiness.

Policing and the Criminal Process: Seminar

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

Visiting Professor David Sklansky
2 classroom credits LAW 98035A Spring

How much have law enforcement agencies, and the demands placed on them, changed since the "criminal procedure revolution" of the 1960s? What implications, if any, should those changes have for how we regulate the police? This seminar will examine contemporary control of American policing, by constitutional law and otherwise. Topics of discussion will include the future of the exclusionary rule, civil liability for police misconduct, and other judicially managed tools of police accountability; new policing strategies and their implications for democratic control of the police; developments in internal discipline and civilian oversight of police departments; the dynamics and the limits of budgetary and political control of law enforcement; changes in the demographics and occupational culture of police forces; the role of rank-and-file officers in police reform; the challenges and the opportunities posed by the spread of private policing; and the strains placed on policing and its oversight by the threat of terrorism.

Political Trials and the Judicialization of Politics: Reading Group

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

Visiting Professor Ran Hirschl
1 classroom credit LAW-44446A Spring

The ever-expanding reliance on courts and judicial means for addressing matters of the utmost political significance -- and that may often define and divide whole polities -- is arguably one of the most significant phenomena of late twentieth and early twenty-first century government. The prosecution [or: elimination] of political rivals by means of showcase trials can be dated back to the Roman Empire or the days of King Herod the Great. Next came the indictment by the courts of novel, counter-establishment ideas -- from the Papal trials of Galileo's heliocentric theory (1633) and Gracchus Babeuf's post French Revolution radical egalitarianism (1797), to Benjamin Gitlow's 'criminal anarchy' and the Scopes trial concerning the teaching of evolution theory in the early 20th century United States. The post World War II era saw the trial of various war criminals at Nuremberg in a grand show of what has been called 'victors' justice'. Over the past few decades, the judicialization of politics has extended its scope further to encompass landmark judgments pertaining to the fate of political leaders and parties, transitional and restorative justice, corroboration of regime change, foundational collective identity questions, and nation building processes. Matters such as the outcome of the American presidential election of 2000 or the Mexican presidential election in 2006, the war in Chechnya, the Musharraf-led military coup d'etat in Pakistan, Germany's place in the EU, restorative justice dilemmas in post-authoritarian Latin America or post-communist Europe, the political future of Quebec and the Canadian federation, the secular nature of Turkey's political system, the status of Shara'a in the Muslim world, or Israel's fundamental definition as a 'Jewish and Democratic State' have all been framed as constitutional issues, with the concomitant assumption that courts--not politicians or the demos itself--are the appropriate arena in which to deal with them. In this course, we will: 1) examine the scope and nature of this transformation through analysis of comparative jurisprudence, old and new; and 2) explore the extra-judicial determinants of political trials and of judicial behavior in politically charged cases.

Poverty Law

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

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

This course will cover the basics of U.S. poverty law, policy, and advocacy. We will use a hands-on approach to learn how substantive poverty law works in practice. We will study the transformations of poverty law in the New Deal and 1960s and take a brief look at the history of the poor laws in England. Finally, we will enter the debates on whether poverty law stigmatizes disadvantaged groups or makes us complacent about economic inequality.

Students who wish to take this class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Power, Beauty, Sex and Violence: Reading Group

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

Ms. Diane Rosenfeld
1 classroom credit LAW-44560A Fall

In this reading group, we will look at the intersection of these concepts, exploring the gender dynamics that unite them. The readings will be drawn from evolutionary psychology, sociology, popular culture, and judicial opinions. We will consider how these concepts interact to create both gender and gender inequality. Finally, we will examine alternative proposals for discursive, social, political, and legal reform.

Practical Lawyering in Cyberspace: Seminar

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

Professor John Palfrey, Mr. Jeffrey Cunard, Mr. Phillip R. Malone
2 classroom credits LAW-98141A Fall
2, 3, or 4 optional clinical credits Fall or Spring
2 optional clinical credits Winter

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes and other actual demonstrative materials, the seminar covers the practical lawyering skills essential for the successful and effective representation of clients in a wide variety of disputes in the field of Internet law. The seminar's subject matter will cover issues including intellectual property, speech, privacy, competition and other core Internet law themes. This seminar will condense and weave together a broad range of experiences students ultimately may encounter in the actual practice of law in this burgeoning area with the core doctrinal and theoretical principles of the relevant areas of law. Accordingly, special emphasis will be placed on decision-making and counseling skills; clear and persuasive writing, drafting and negotiating skills and; most importantly, critical and strategic thinking and analysis.
During the seminar, students will become familiar with the fundamentals of practical lawyering in the context of cutting-edge substantive issues drawn from actual litigation and reported cases, many of them still unfolding as the seminar progresses. At appropriate moments in the term, outside specialists may be brought in to enhance the students' understanding of the complex interplay between substantive and practical issues. (During previous semesters, for example, Microsoft's associate general counsel for intellectual property matters explored the handling of IP issues inside a major software company and the nuances of the relationship between in-house counsel and outside counsel; a top Justice Department official responsible for cyber-crime, an experienced Assistant U.S. Attorney who prosecutes major, high-tech cases, and the head of the Massachusetts Attorney General's high-tech unit led students through the complexities of investigating and prosecuting crimes in the Internet and intellectual property areas; and a noted computer scientist, who has testified in major antitrust and patent cases, helped explore the role and challenges of expert witnesses in Internet-related litigation). This seminar is particularly appropriate as an offering for those students who intend to take, or have taken, the Clinical Program in Cyberlaw at the Berkman Center.
Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Pre-S.J.D. Dissertation Residency Oral

Spring term

Predatory Lending / Consumer Protection Clinical Workshop A

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

Mr. Roger Bertling
2 classroom credits LAW-44795A Fall
2, 3, or 4 required clinical credits LAW-44795C Fall

The Predatory Lending/Consumer Protection Clinical Workshop is a required component of a clinical placement in the Predatory Lending/Consumer Protection Clinic at the Legal Services Center. Students in this clinic defend against foreclosures and commence affirmative litigation against banking institutions, sub-prime lenders, servicers of loans, home improvement contractors, brokers and foreclosure rescue scam artists; and also represent consumers in Chapter 7 and Chapter 13 bankruptcies as well as in all facets of litigation on significant consumer issues, such as automobile financing, utility disputes, credit card, fair lending and fair credit reporting issues. The Workshop introduces students to the substantive law germane to the clinic's areas of practice, offers training in the skills needed to effectively litigate, (such as depositions, motion drafting and oral argument) and provides the opportunity for students to think globally about their cases and to discuss the larger policy framework. In a series of "mini-rounds," held throughout the semester, students present their cases to their peers and garner feedback on how to best approach all aspects of their cases. This Workshop closes with individual presentations by each student on a case, policy issue, or research topic. Students will be graded based upon their participation in class and their presentations.

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

Predatory Lending / Consumer Protection Clinical Workshop B

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

Mr. Roger Bertling
2 classroom credits LAW-44795A Spring
2, 3, or 4 required clinical credits LAW-44795C Spring

The Predatory Lending/Consumer Protection Clinical Workshop is a required component of a clinical placement in the Predatory Lending/Consumer Protection Clinic at the Legal Services Center. Students in this clinic defend against foreclosures and commence affirmative litigation against banking institutions, sub-prime lenders, servicers of loans, home improvement contractors, brokers and foreclosure rescue scam artists; and also represent consumers in Chapter 7 and Chapter 13 bankruptcies as well as in all facets of litigation on significant consumer issues, such as automobile financing, utility disputes, credit card, fair lending and fair credit reporting issues. The Workshop introduces students to the substantive law germane to the clinic's areas of practice, offers training in the skills needed to effectively litigate, (such as depositions, motion drafting and oral argument) and provides the opportunity for students to think globally about their cases and to discuss the larger policy framework. In a series of "mini-rounds," held throughout the semester, students present their cases to their peers and garner feedback on how to best approach all aspects of their cases. This Workshop closes with individual presentations by each student on a case, policy issue, or research topic. Students will be graded based upon their participation in class and their presentations.

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

Preventive State - In Search of Jurisprudence (The): Seminar

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

Professor Alan Dershowitz
2 classroom credits LAW-98065A Fall

As our government and other democracies around the world move closer to a model of the preventive state, as contrasted with the reactive state, our jurisprudence inevitably plays catch-up. Gaping black holes dominate the constitutional landscape. Neither the text of the constitution nor the cases interpreting it give clear guidance as to the application of law to preventive searches, preventive intelligence gathering, preventive interrogation, preventive detentions, preventive profiling--even preventive war. This seminar will explore these issues, particularly, though not exclusively in the context of terrorism. A presentation and a paper will be required from all students.

Prison Law and Policy

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

Visiting Professor Sharon Dolovich
4 classroom credits LAW-44305A Fall
2, 3 or 4 optional clinical credits LAW-44305C Fall

Courses in criminal law tend to focus on the "front end" of the criminal justice process: investigation, prosecution, and verdict. But for those offenders sentenced to prison, the trial process is only the preamble to an extended period in the custody of the state. In this class, we'll be focusing on the law and policy of incarceration, the "back end" of the criminal justice system. Broadly put, the central questions to be addressed are these: As a legal matter, what obligations (whether constitutional or statutory) does the state have toward those it incarcerates? And given legal limits, how should we run the prisons? These questions are particularly urgent given the current size of the nation's prison population; as of 2006, there were almost 2.2 million people in America's prisons and jails, more prisoners per capita than any other country in the world. Topics to be covered include: the history of prisoners' rights litigation; the scope of prisoners' constitutional rights; inmate access to the courts; the prison disciplinary process; conditions of confinement (including supermax prisons); medical care; the problem of prison rape, private prisons; and issues arising from the incarceration of women. There will be a take-home final examination.

Students who wish to enroll in the class with a clinical component must enroll through clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

Private Fund Investment Management Law

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

Mr. Norman Champ
3 classroom credits LAW-44587A Winter

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

Private Law Theory in Historical and Comparative Perspective (1L)

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

Professor Duncan M. Kennedy
4 classroom credits LAW-16980A Spring

Private law theory attempts to unify the analysis of contracts, torts, property and family law, in relation to criminal law and constitutional law. Its practitioners have been primarily concerned, during successive periods, with the relationship of private law to morals, to society and to politics. It has always been a transnational field and the course will compare American with selected British, French and German sources. The materials will include cases and law review articles, and will provide introductions to the civil law system and to European Union law. This course is open to first year JDs and to LLMs.

Problems and Theories

Winter term
M,T,W,Th,F 10:00 AM - 1:30 PM

Professors Todd Rakoff and Joseph Singer
2 classroom credits LAW-44592A Winter

What sorts of problems do lawyers solve? What do they do to solve them? What intellectual constructs do they bring to bear? What practical judgments? This experimental course will attempt to answer these questions, and develop skills in lawyerly problem solving, by situating the class in a number of practical, problematic settings and then developing, and evaluating, possible solutions to them. Subject matters will be drawn from many doctrinal areas, and the problems will be set in many practice settings. Students will be asked to participate both in solving the problems and in revising the materials to make them into better pedagogical tools. Enrollment limited to 24.

Professional Services

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

Professor Ashish Nanda
2 classroom credits LAW-44452A Fall

This course aims to help students understand how to lead professional service firms (PSFs) effectively and how to be successful as professionals. It is meant to be useful whether you work as a solo-practitioner or in an established PSF, such as a law firm, an investment bank, or a consulting firm. Through studying the dynamics of PSFs and the skills that are essential to professional success, the course will help you understand what it takes to be an effective professional and a member of a thriving PSF. The course is organized in five modules: professionalism, positioning and alignment, organizational strategy and processes, developing and leading professionals, and succeeding as professionals.
Our primary learning tool will be the business school case study method. The case studies typically take a longitudinal perspective that follows professionals and their enterprises over extended periods of time. This affords us the opportunity not only to determine the sources of performance at any given time, but also to identify the capabilities and processes that sustain success over time, and to learn how PSFs react to change. The cases are situated in several different service settings (accounting, consulting, investment banking, medicine, and law). To maximize benefit from the case discussion process, case protagonists or external experts will attend several of the class sessions and engage in the discussion and reflection process. The sessions mostly will be organized as class discussions based on printed cases. Several of the sessions will include mini-lectures on concepts of relevance to professionals and PSFs. The course will also include some exercises to provide students with the skills that will allow them to evaluate PSFs and chart their own careers within these organizations effectively.
The class will be limited to 50 participants.

Property 1

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

Professor Kenneth Mack
4 classroom credits LAW-14100A Spring

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 2

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

Professor Mary Ann Glendon
4 classroom credits LAW-14100A Fall

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 3

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

Professor Joseph Singer
4 classroom credits LAW-14100A Fall

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 4

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

Professor Bruce Mann
4 classroom credits LAW-14100A Spring

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 5

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

Professor Charles Donahue
4 classroom credits LAW-14100A Fall

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 6

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

Visiting Professor Mary Bilder
4 classroom credits LAW-14100A Spring

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Property 7

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

Visiting Professor Henry Smith
4 classroom credits LAW-14100A Spring

This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Subject to variations of emphasis among professors, topics will cover aspects of commercial land transfers such as sale contracts, mortgages, leases, conveyances, recording, and other methods of title assurance; and means of limiting private land-use in the public interest such as zoning, health and safety regulations, protection of minority or economically disadvantaged groups, eminent domain, and taxes. The historical categories and assumptions of American real property law will be considered with a view to examining their relevance to modern social and economic conditions.

Psychiatry and the Law

Winter term
M,T,W,Th,F 10:30 AM - 1:30 PM

Professor Alan A. Stone
3 classroom credits LAW-44600A Winter

This course will examine the recent developments in mental health law, civil commitment, the right to refuse treatment, competency to stand trial, the insanity defense, recovered memory, and psychiatric malpractice. Psychiatric materials will be examined in detail in an effort to analyze the medical model of mental illness and its limitations for legal purposes. Examples of material to be studied: the major psychoses, suicide, recovered memory, the sexual deviate, and the psychiatric concepts of the sociopath. Consideration will also be given to various psychiatric treatments and their possible abuse; e.g., drugs, behavior modification, electro-shock therapy, and psychosurgery. Photocopied materials.

Public Law Workshop: Seminar

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

Professors Daryl Levinson and Adrian Vermeule
4 classroom credits LAW-98070A Fall/Spring

The Public Law Workshop will provide an introduction to public law scholarship and give students an opportunity to learn more generally about the scholarly enterprise. The workshop will be especially valuable to students who are interested in academic careers. Over the course of this two-semester seminar, roughly half the sessions will be devoted to discussion of works in progress by invited faculty speakers from Harvard and other institutions. Discussions in the remaining sessions will focus on foundational works of public law scholarship.

Students will be expected to prepare short weekly papers on the assigned reading and to participate in the classroom discussions. Participants should expect a rigorous experience and a substantial workload.

Admission to the public law workshop is by application to Professor Levinson. Students who wish to enroll should submit a resume, transcript, and a brief statement explaining their interest to Professor Levinson's assistant, Barbara Karasinski (bkarasinski@law.harvard.edu) by August 24.

Quantitative Corporate Finance

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

Visiting Professor Ian Ayres
3 classroom credits LAW-44645A Winter

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. Student 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.

Race and Justice Seminar: Criminal Justice

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

Professor Charles J. Ogletree
2 classroom credits LAW-98221A Spring

'Charles Hamilton Houston, a 1922 graduate of Harvard Law School, and the architect of the litigation that ultimately led to the Supreme Court's decision in Brown v. Board of Education, has a remarkable legacy in the law. In 1919, Houston enrolled at Harvard Law School (LL.B., 1922; D.J.S., 1923), where he was the first black editor of the Harvard Law Review. He went on to study civil law at the University of Madrid. As vice-dean of Howard University Law School (1929-35), Houston shaped it into a significant institution, at the time training almost a quarter of the nation's black law students, including Thurgood Marshall, Oliver Hill, and Robert Carter. During his tenure, the school became accredited by the Association of American Law Schools and the American Bar Association. Houston made significant contributions in the battle against racial discrimination. Houston's efforts to dismantle the legal theory of 'separate but equal' came to fruition after his death in 1950 with the historic Brown v. Board of Education (1954) decision, which prohibited segregation in public schools. This seminar will examine the impact of Houston's race and justice jurisprudence during the first half of the 20th Century, and its current impact on policies, including affirmative action and racial justice. Students will be required to write several short essays and complete a substantial paper at the end of the semester. The course is open to 2L, 3L, and LLM students, registration will be limited to twenty students, and a waiting list will be kept.' Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.

Race Relations Law: From Slavery to Reconstruction

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

Professor Randall Kennedy
3 classroom credits LAW-45405A Spring

This course will focus on the main constitutional, statutory, and judicial developments that reflected and regulated racial conflict in the polity that became the United States of America in the period between 1776 and 1876.
The readings will consist of key primary documents and conflicting scholarly interpretations.
The requirements are a question on each week's reading and three papers that should be seven to ten double-spaced pages.

Race Relations Law: From the Jim Crow Era to the Present Moment

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

Professor Randall Kennedy
3 classroom credits LAW-45401A Spring

This course examines constitutional, statutory, and judicial developments that reflected and regulated racial conflict between the fall of reconstruction and the present moment.


The readings will consist of primary documents and conflicting scholarly interpretations.


Students will be required to submit a question on each week's reading and three papers of seven to ten double-spaced pages.

Reading Japanese Legal Documents: Seminar

Spring term

Professor J. Mark Ramseyer
2 classroom credits LAW-98545A Spring

Students will read selected Japanese legal documents. We will begin with relatively accessible documents (e.g., articles) and move to more difficult documents (e.g., case opinions) during the course of the semester. We will adjust the pace of the readings to fit student backgrounds, but students should bring at least three years of Japanese language study or equivalent. The time of the seminar will be set to fit student constraints. LLM students from Japan may not register for the course.

Real Estate Transactions

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

Ms. Kathleen Smalley
2 classroom credits LAW-45550A Spring

This course will survey the main issues presented by a transactional real estate practice, including acquisition, financing, construction, leasing, and management, with an emphasis on financing. The course will examine alternative methods of structuring capital investment in real estate, including issues related to the taxable nature and regulatory context of the investor. Workouts and real estate bankruptcies will complete the examination of the real estate cycle. The basic income tax course is strongly recommended as a prerequisite; partnership tax is helpful but not required. Students will be expected to work not only with the purely legal issues but also to develop a familiarity with the basic concepts of real estate valuation and should therefore be prepared to work with numbers and perform calculations (although no advanced mathematics will be required).

Redesigning the Constitution: Reading Group

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

Visiting Professor Sanford Levinson
1 classroom credit LAW-45555A Fall

This reading course will examine various "hard-wired" structural features of the United States Constitution that are rarely studied in any depth in law schools, given their basically exclusive emphasis on litigated controversies. Examples of such non-litigated (or non-discussed even with regard to what has come to be called "the Constitution outside the courts") are the fixed-term presidency; the presidential veto power; the electoral college; equal allocation of voting power in the Senate; eligibility rules for federal office, including rules for filling vacancies in the presidency or in Congress; life tenure for federal judges; and the formalities of constitutional amendment. The question is whether we would be better off, in the 21st century, with a considerably redesigned Constitution with regard to each (and all) of these provisions. One way of getting at this is simply to ask if you would advise any country in the world that is engaged in the process of drafting a Constitution to emulate these structural features of the U.S. Constitution. But a second, equally important, question is whether there is any practical possibility of significantly changing the U.S. Constitution, even if one agrees that that is highly desirable. (If one believes the Constitution is quite fine as it is, then barriers to change would be no problem and perhaps would even be an advantage, of course.)

Readings will be drawn from my own book, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It), plus short articles addressing, usually from a different point of view than mine, the issues being raised.

Refugee and Asylum Advocacy: Seminar A

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

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

This seminar is attended by all participants in the Immigration and Refugee Clinic and addresses substantive national and international refugee law as well as advocacy skills relevant to students' work at the clinic. The substantive portion of the seminar will provide an overview of international and domestic refugee law. It will examine selected topics typically encountered in the course of students' casework in greater detail. Specific topics may include: The Refugee Convention and U.S. Law, 'Persecution' and the Human Rights Paradigm, Issues of Credibility and Proof, Gender-Based Asylum Claims, Domestic and International Advocacy on Refugee Issues, Institutional Actors (The Asylum Office and Immigration Court), and Impact Litigation. The skills component of the seminar will cover such areas as conducting immigration research, effective client interviewing, and preparation of cases and client testimony. Topics may include: Partnering Voices (Preparing Client Testimony and Affidavit Writing), Establishing and Assessing Witness Credibility, Expert Testimony, Researching Immigration Law and Process, and Human Rights Research. In order to cultivate best practices in student advocacy and deepen the clinical experience, this seminar draws heavily for instructional examples on current clinical experiences of students (their actual cases and clients). It will also allow students to connect their understanding of refugee law to actual casework through consideration of specific issues of doctrine and policy implicated by students' cases. Students will also have an opportunity to critically reflect on their experiences, models of advocacy, and social change.

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

Refugee and Asylum Advocacy: Seminar B

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

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

This seminar is attended by all participants in the Immigration and Refugee Clinic and addresses substantive national and international refugee law as well as advocacy skills relevant to students' work at the clinic. The substantive portion of the seminar will provide an overview of international and domestic refugee law. It will examine selected topics typically encountered in the course of students' casework in greater detail. Specific topics may include: The Refugee Convention and U.S. Law, 'Persecution' and the Human Rights Paradigm, Issues of Credibility and Proof, Gender-Based Asylum Claims, Domestic and International Advocacy on Refugee Issues, Institutional Actors (The Asylum Office and Immigration Court), and Impact Litigation. The skills component of the seminar will cover such areas as conducting immigration research, effective client interviewing, and preparation of cases and client testimony. Topics may include: Partnering Voices (Preparing Client Testimony and Affidavit Writing), Establishing and Assessing Witness Credibility, Expert Testimony, Researching Immigration Law and Process, and Human Rights Research. In order to cultivate best practices in student advocacy and deepen the clinical experience, this seminar draws heavily for instructional examples on current clinical experiences of students (their actual cases and clients). It will also allow students to connect their understanding of refugee law to actual casework through consideration of specific issues of doctrine and policy implicated by students' cases. Students will also have an opportunity to critically reflect on their experiences, models of advocacy, and social change.

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

Regulation of Financial Institutions

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

Professor Howell Jackson
3 classroom credits LAW-45750A Spring

This course explores the regulation of financial institutions in the United States, covering banks, mutual funds, hedge funds, securities firms, and insurance companies. We will explore the many different supervisory mechanisms that have evolved in the United States to regulate financial services firms, with an emphasis on jurisdictional boundaries, the division of regulatory authority among the many different organizations that oversee the U.S. financial services industry, and issues of consumer protection in mortgage lending and consumer credit practices. Teaching materials will include a number of business school case studies as well as more traditional legal sources from Howell E. Jackson, The Regulation of Financial Institutions (current edition).

Regulation of the Household (The)

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

Professor Janet Halley
4 classroom credits LAW-45575A Spring
2, 3, or 4 optional clinical credits LAW-45575C Spring

This is a comparative study of the ways in which residential cohabitation is regulated to produce economically significant households. We will begin with an historical and comparative examination of the transition --spanning the 19th and early 20th centuries and achieved differently in Europe, the U.S., Latin America, Greece, Egypt and Taiwan (our examples) -- from the household comprising the "personal relations" of husband/wife, parent/child and master/servant to the household made up of the modern "family." We will then study the ways in which the modern family is regulated by legal regimes other than family law proper, and to what economic effect. Thus we will study the law of employment, social security, health care, bankruptcy, tax, education, land use, housing and immigration for their explicit engagement with family relations; we will also study the sex-, gender- and family-related aims embedded in modern national, international and supranational economic policy. Throughout we will compare the modern legal regimes studied in the first part of the course.


The central conceit of the course is that the classical Greek term for the household became the etymological root for the English word "economy" because of a persistently important -- but ever-changing -- commitment of legal systems to the productive and distributive character of residential cohabitation.
Students will have the option of taking a last-day take-home examination or writing a research paper. This course does not repeat the Family Law course; neither course presupposes that students have taken either course. LL.M. students interested in the comparative study of the legal regulation of sex, gender, and the family are particularly welcome. Photocopied materials.


Students who wish to enroll in the class with a clinical component must enroll through clinical registration. Students who attain a clinical placement at the WilmerHale Legal Services Center will be automatically enrolled in a 2 class-credit workshop in addition to the course and clinical. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.

S.J.D. Dissertation Work (*Grade Not Required)

Spring term

Securities Litigation

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

Visiting Professor Warren Stern
2 classroom credits LAW-46170A Spring

The goals of the course are, first, to prepare students for the strategic and practical decisions involved in litigating complex disputes arising from alleged violations of the disclosure provisions of the federal securities laws, and, second, to provide context for evaluating the competing claims in the debate over securities litigation reform. We will focus on (1) internal investigations, including the legal and ethical constraints on lawyers, the roles of boards of directors, audit committees and auditors, and the use of forensic accountants and private investigators; (2) SEC investigations, including witness representation, "self-reporting," settlement negotiations, and waiver of the attorney-client privilege; (3) securities fraud class actions, including pleading requirements, class certification, extraterritorial jurisdiction, "scheme" liability, loss causation, damages, and the use of statistical analysis; (4) "tag-along" shareholder litigation, including derivative actions and ERISA "company stock" class actions; (5) insurance and indemnification issues; (6) trial preparation; (7) mediation and settlement; (8) takeover litigation; and (9) the debate over the social utility of securities fraud class actions. Our discussions will center on the corporate governance provisions of the Sarbanes-Oxley Act of 2002, the civil liability provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934, and the procedural provisions of the Private Securities Litigation Reform Act of 1995, as well as related statutes, cases, and procedural rules. The course will likely be of greatest benefit to students with some background in corporate or securities law.

Securities Regulation A

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

Professor Howell Jackson
4 classroom credits LAW-46200A Fall

This course offers an intensive introduction to the two most important federal securities laws: the Securities Act of 1933 and the Securities Exchange Act of 1934. The course explores the elaborate disclosure obligations that this country imposes on the distribution and trading of investment securities. Topics to be covered include the preparation of disclosure documents, exemptions from disclosure requirements, the relationship between disclosure obligations and anti-fraud rules, the duties of participants in securities transactions, and the applicability of federal securities laws to transnational transactions. The course will also explore the public and private enforcement of securities laws in the United States. Many students take this course in preparation for corporate practice or work with financial regulatory bodies, but the subject has also been of interest to those concerned with the development of the modern regulatory state, as exemplified by evolution of federal securities laws under the Securities and Exchange Commission. Materials to be announced. Most students find it helpful to have completed or to take concurrently a course in Corporations before taking Securities Regulation. Students who have not done so should speak with the instructor during the first week of classes.

Securities Regulation C

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

Professor Allen Ferrell
3 classroom credits LAW-46200A Winter

This course offers an intensive introduction to the two most important federal securities laws: the Securities Act of 1933 and the Securities and Exchange Act of 1934. The course explores the elaborate disclosure obligations that this country imposes on the distribution and trading of investment securities. Topics to be covered include the preparation of disclosure documents, exemptions from disclosure requirements, the relationship between disclosure obligations and anti-fraud rules, the duties of participants in securities transactions, and the applicability of federal securities laws to transnational transactions. The course will also consider the regulation of stock exchanges and other capital markets. In the past, most students have taken this course in preparation for corporate practice, but the subject has also been of interest to those concerned with the development of the modern regulatory state, as exemplified by evolution of federal securities laws under the Securities and Exchange Commission.

Separation of Powers

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

Judge Brett M. Kavanaugh
3 classroom credits LAW-46305A Winter

This course examines the structure of our national government and our system of separated powers with checks and balances. Topics include: the process for electing the President; the appointment and removal of executive officers; the role of the President in the legislative process, including the veto power; Presidential power with respect to criminal law enforcement and prosecution; the President's authority to issue signing statements and to decline to execute unconstitutional laws; the congressional spending authority and power of the purse; congressional oversight of the executive branch; the scope of executive privileges, particularly with respect to congressional inquiries; the interaction of the three Branches with respect to the foreign policy and national security of the United States; and the roles of the President and the Senate in the appointment of Supreme Court Justices and inferior court judges.

As we explore these topics, we will examine historical precedents and controversies relating to these issues. We will also explore more modern separation of powers controversies and debates, such as: the independent counsel law and investigations of executive officials; executive privilege and impeachment controversies in the 1970s and 1990s; Bush v. Gore; the post-September 11 Supreme Court, Presidential, and congressional decisions and actions with respect to the war against al Qaeda; the actions of the President and the Senate in the appointments of recent Supreme Court Justices; the role of United States Attorneys in federal criminal law enforcement; and the functions of the Attorney General, Counsel to the President, and Assistant Attorney General for the Office of Legal Counsel in formulating legal advice for the President.

The textbook will be Shane and Bruff, Separation of Powers Law (2d ed. 2005). There will be an in-class, open-laptop, 3-hour examination.

Sex Equality

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

Visiting Professor Catherine MacKinnon
4 classroom credits LAW-46315A Fall

Theory and practice are engaged in inquiry into the relationship between sex inequality in society and sex equality under law. Context provided draws on social science, history, international and comparative law. The dominant approach to legal equality is examined on its own terms and through an alternative. Concrete issues--employment discrimination, family, rape, sexual harassment, lesbian and gay rights, abortion, prostitution, pornography--focus discussion through cases. Racism, class, and transsexuality are considered throughout. The course investigates, criticizes, and expands the law toward civil equality between the sexes. No prerequisites.

Sexual Orientation and the Law

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

Visiting Professor William B. Rubenstein
3 classroom credits LAW-46310A Winter

This course will explore the relationship between sexual orientation and law. It begins by considering the concept of "sexual orientation" - What are we talking about when we talk about sexual orientation? What is meant by that conversation? What are the relationships between sex, sexuality, sexual orientation, gender, and "trans"gender? After initial consideration of these over-arching questions, the course is organized according to the life experiences of lesbians, gay men, and bisexuals. It considers how the legal system regulates: sexuality; expressions of identity (e.g., "coming out"); the workplace; same-sex relationships; and queer parenting. Most of the legal doctrine considered in the course is constitutional in nature, including in-depth studies of the right to privacy, the First Amendment, and the equal protection clause; the course also encompasses basic employment law (e.g., Title VII) and family law doctrines. The course's legal readings are placed within an historical framework and are supplemented by more theoretical texts of "queer theory," as well as by selections of psychology, sociology, philosophy, theology, fiction, poetry, oral history, and journalism.

Shareholder Activism

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

Professor Lucian Bebchuk and Beth Young
2 classroom credits LAW-46381A Fall

This course will focus on the practice and regulation of shareholder activism in US publicly-traded companies. After examination of the legal and economic impediments to shareholder involvement in corporate affairs, we will proceed to examine the ways in which some shareholders have sought to influence the governance of firms. Here we will review in detail the regulation and practice of shareholder proposals; we shall discuss both the requirements that stockholders must meet to place proposals on the corporate ballot -- and the main types of proposals that shareholders have been putting forward, including proposals concerning majority voting, executive compensation, poison pills, and corporate social responsibility. We shall also discuss other ways in which stockholders may seek to influence firm governance, including withhold campaigns and proxy contests, and the role of the Securities and Exchange Commission in regulating shareholder actions and communications. In addition, we shall examine the different types of players in the shareholder activism landscape, including money managers, hedge funds, union and public pension funds, block-holders, and shareholder advisors such as ISS.

The course will meet for 16 sessions of one and a half hours during the semester. Speakers representing different dimensions of the shareholder activism practice will participate and speak in some of the sessions. There will be no exam; instead, students will be required to submit a series of written assignments. Students may take the course only if they already took a basic course in corporations (at Harvard or elsewhere) or with the permission of the instructors.

Enrollment in the course is limited to 40.

Beth Young, whose legal practice has focused on the shareholder activism area, is a Senior Research Associate of The Corporate Library and Principal of Corporate Governance Research and Consulting.

Social Movements, Law Stories, and Law Making

Winter term
M,T,W,Th,F 1:30 PM - 3:30 PM

Professor Lani Guinier and Visiting Professor Gerald Torres
2 classroom credits LAW-46411A Winter
2 optional clinical credits
2 additional independent writing credits available during Spring Semester 2008

Enrollment limited to 15 students with permission of the instructors

Please contact Janet Moran at: jmoran@law.harvard.edu for an application

In this course, we will look at the relationship between lawyering practices and social movements that challenge unjust social, economic, and political hierarchies. Much recent scholarship about the black civil rights movement (including parallel developments among Latinos, American Indians and Asian Americans), the feminist movement, the labor movement, the human rights movement and the conservative social movement suggests that such movements enact stories about social life. These stories then frame a public deliberative process, which ultimately influences the making and interpretation of law. In this view, one key role of social movements is to keep a story in the public eye and to confront, incorporate and challenge the received understanding with counter-stories. Where social movements are successful, a new story emerges. Part of this story is written in the law. Lawmaking becomes a way to institutionalize changes in background understanding.

Sports and the Law: Representing the Professional Athlete

Spring term, Block F
Th 1:15 PM - 4:30 PM

Mr. Peter A. Carfagna
3 classroom credits LAW-41440A Spring
2, 3, or 4 optional clinical credits LAW-41440C Spring

This course will begin with an overview of the sports industry and then proceed to discuss some of the more important legal doctrines relating to that industry, involving intellectual property law, labor law and contract law. In that context, the course will explore the skills necessary to conduct a series of 'hypothetical' sports-related contract negotiations. The students will then participate in contract-drafting exercises with an emphasis on client representation. Contracts to be drafted include a "product endorsement agreement," and a "name, image and likeness" lithograph poster agreement. Simulated depositions and "oral arguments" will also be conducted. Next, in the context of a mock litigation, students will assume a "contract breach" of the agreements they have drafted. In turn, they will draft document requests, deposition questions and legal briefs in support of the contractual positions taken during the contract drafting exercises. Prior course work in sports law, intellectual property, labor and employment law, or alternative dispute resolution is recommended but not required. Class participation and successful completion of weekly assignments will count for a significant portion of the student's final grade. Enrollment is limited to 49 second and third year students who actively follow the sports industry and who might consider pursuing a career in it.

Up to 8 students may participate in the clinical component. Clinical placements will be in a variety of settings including legal departments of major leagues, and with law firms and lawyers doing sports law in representing individual players or teams/leagues. Admission into the clinical is by application only, and priority will be given to students who will take Sports Law: Examining the Legal History and Evolution of America's Three 'Major League' Sports: MLB, NFL and NBA in Fall 2007 or who have taken Sports and the Law: Representing the Professional Athlete in Spring 2007 (students who completed the spring class will only do the clinical component in Spring 2008 and do not re-take the class). To apply, send a resume and a letter of interest to the Office of Clinical and Pro Bono Programs: clinical@law.harvard.edu. Letters of interest should include descriptions of prior Sports Law experience. Applications are due to the Office of Clinical and Pro Bono Programs by Monday, September 17.

Sports Law: Examining the Legal History and Evolution of America's Three "Major League" Sports: MLB, NFL and NBA.

Fall term, Block F
Th 1:15 PM - 4:30 PM

Mr. Peter A. Carfagna
3 classroom credits LAW-41441A Fall

The basic Sports Law course will offer an overview of the three major sports that dominate the American sports scene today: Major League Baseball, the National Football League, and the National Basketball Association. The Course will devote approximately equal time to each of these 3 major sports, and compare/contrast the similarities and differences among them, from an historical legal perspective. Specifically, it will evaluate the evolution of the 3 major leagues, and examine how Supreme Court and other courts' landmark decisions have affected the path of their progress.
In so doing, practical examples of the cutting edge issues of practitioners in each of these 3 leagues will be offered. "Hypothetical" examples of negotiating, drafting and litigating the most significant issues in each of these 3 sports will be analyzed in group settings. Negotiation strategies, contract-drafting techniques and litigation-related resolutions will be explored within each group.

Statutory Interpretation and Separation of Powers: Reading Group

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

Visiting Professor James Brudney
1 classroom credit LAW-46575A Spring

This reading group will examine how each Branch contributes, and should contribute, to the meaning and application of federal statutes. We will focus on ways in which judges, legal scholars, and social scientists view the theories, processes, and motivations underlying interpretation of federal laws. Topics covered will be drawn from three areas; the role of the courts, Congress's capacity to influence the interpretive process, and the powers wielded by agencies. Reading materials will consist of selections from appellate opinions, books and law review articles, and political science literature. Constitutional implications of this debate also will be explored. Class will meet for two hours every other week.

Statutory Interpretation: Reading Group

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

Visiting Professor Amanda Tyler
1 classroom credit LAW-46572A Fall

This reading group will explore the academic and judicial debate concerning how courts should interpret statutory directives. We will explore both the historical roots of this debate as well as aspects of the modern debate. We will read and discuss work from a range of theorists as well as key judicial opinions. In particular, among others, we will read and discuss the work of the Legal Process theorists, Lon Fuller, Richard Posner, Antonin Scalia, Guido Calabresi, William Eskridge, Stephen Breyer, David Shapiro, and Cass Sunstein. Discussion topics will include the canons of statutory construction, purposive interpretation, textualism, the use of legislative history, and dynamic statutory interpretation (in its various forms). The reading group is for one credit and will be graded on a pass/fail basis. Students will be expected to attend six bi-weekly meetings and will be evaluated on class participation and their written work. Enrollment is limited to 15 students.

Stem Cell Research: Seminar

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

Visiting Professor Russell Korobkin
2 classroom credits LAW-98841A Fall

This seminar will focus on the range of legal and policy issues raised directly or indirectly by the current excitement in the scientific community over stem cell research. Topics will include the following: federal funding of embryonic stem cell research; therapeutic (research) cloning and reproductive cloning purposes; whether stem cells themselves should be patentable; ownership of intellectual property issues in publicly funded research; informed consent issues in stem cell research; tissue markets for biomedical research, and regulation of stem cell treatments through the regulatory and tort systems. Grades will be based on active participation in seminar discussions and a research paper (and presentation) analyzing a specific issue(s) or critically assessing a reading/set of readings.

Study Abroad (One Semester)

Fall term

Supreme Court and Appellate Practice

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

Mr. Walter Dellinger, Ms. Pamela Harris, Mr. Jonathan Hacker
2 classroom credits LAW-46645A Fall/Spring (1 classroom credit Fall + 1 classroom credit Spring)
2 required clinical credits Fall, 2 required clinical credits Spring

This full-year clinical course will introduce students to Supreme Court and appellate practice through involvement in high-profile or high-impact Supreme Court, federal courts of appeal, or state supreme court cases. Students will obtain hands-on experience by participating in the steps of litigating an appeal under the supervision of senior attorneys from O'Melveny and Myers. The coursework will educate students on the structure and methodology of litigating a Supreme Court case, and will be complemented by the clinical component. Through the course and clinical work, students will learn Supreme Court and appellate strategy, strengthen writing skills, work collaboratively in teams, and gain exposure to ethical issues and professional values.

Each student will become an integral member of an appellate team and be involved in formulating an appellate strategy, researching the arguments, drafting the brief, and preparing for oral argument. In addition to class meetings, appellate teams would meet informally and communicate through conference calls and by email, and would work closely with senior appellate lawyers.

The clinic will focus on drafting merits briefs or amicus briefs in high-profile cases in the state supreme courts, federal courts of appeals, or the United States Supreme Court. Cases may derive from various sources, such as public interest organizations or through referrals from Harvard Law School professors.

Classes would be supplemented by public lectures, public moot courts, and other public events. In addition, students would be given an opportunity to travel to Washington, DC to watch a case being argued at the United States Supreme Court.

Enrollment into this clinical course will be conducted through a selective application process, with up to 12 students admitted. Students must be in their 2L or 3L year and enrolled full-time during the 2007-2008 academic year. Preference will be given to 3L students and students who have taken Constitutional Law. The class will formally meet every other Tuesday throughout the Fall 2007 and Spring 2008 semesters, with office hours conducted in the in-between weeks from 2pm-5pm. One class credit will be awarded each semester. Clinical work is required for the Fall and Spring semesters, with students earning 2 clinical credits each semester (approximately 10 clinical hours per week).

Interested students may apply by submitting the following materials to the Office of Clinical and Pro Bono Programs by April 4, 2007: statement of interest (500 word maximum), resume, HLS transcript, and writing sample.

Supreme Court Litigation

Winter term
M,T,W,Th,F 2:00 PM - 5:00 PM

Professor Laurence Tribe, Mr. Thomas Goldstein and Mr. Kevin Russell
1 classroom credit LAW-46650A Winter
2 required clinical credits LAW-46650C Winter


Fourteen students will participate in litigating cases pending in the Supreme Court of the United States. Projects will include both brief writing and oral argument preparation. Class work will include fourteen hours of lecture and discussion of drafts. Extremely demanding non-class work responsibilities will be imposed as well (at least forty hours per week for independent work and meetings with the instructors), precluding students from undertaking any significant non-class related activities during winter term. Admission is at the discretion of the instructors. Applicants should submit a resume, an informal transcript, and a representative writing sample of fifteen to twenty pages to Professor Tribe (tribe@law.harvard.edu) by Friday, October 26, 2007.

Talmudic Law for Beginners

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

Visiting Professor Hanina Ben-Menahem
2 classroom credits LAW-46680A Spring

The Talmud, covering all areas of law--civil, criminal and ritual--is the foundational text of Jewish law. This seminar seeks to introduce the student who has little or no background in Talmud to the fascinating world of talmudic law, by systematically studying twelve selected passages dealing with explicitly legal questions. In class, students will be actively engaged in analyzing the texts, which will be provided in English translation.

Talmudic Law: Academic Research in Jewish Law: Advanced Reading Group

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

Visiting Professor Hanina Ben-Menahem
1 classroom credits LAW-46679A Spring

This reading group will explore the question of how Jewish law is, and should be, studied, or to formulate it differently, the question of the definition of Jewish law as an academic discipline. Very different approaches to the study of Jewish law, e.g., the comparative, the historical, the jurisprudential and the dogmatic, continue to be championed. Does this diversity indicate that Jewish law as an academic discipline has not yet been fully established, or does it attest to the fact that Jewish law is a rich and multi-dimensional legal culture? The reading group will consider this question by examining the programmatic manifestos of the pioneers of scholarly study of Jewish law; critical evaluations of these writings, particularly those that target underlying ideological and political motivations; and current attempts to synthesize and refocus the discipline in the wake of these critiques.

Taxation A1

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

Visiting Professor Mark Gergen
4 classroom credits LAW-23000A Fall

This course is an introductory study of federal income taxation covering inclusion and exclusion of items in computing gross income; deductions from gross income; tax accounting; capital gains and losses; and the treatment of the family and trusts. Consideration will be given to the interaction of legislative, executive, and judicial agencies in the making, administering, and interpreting of the tax law; to the goals of the tax law and possibilities for future development of it; to the private lawyer's professional role with respect to administration of the tax law; and to the impact of the tax law on private property transfers and other transactions.

Taxation A2

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

Professor Alvin C. Warren
4 classroom credits LAW-23000A Fall

This course is an introductory study of federal income taxation covering inclusion and exclusion of items in computing gross income; deductions from gross income; tax accounting; capital gains and losses; and the treatment of the family and trusts. Consideration will be given to the interaction of legislative, executive, and judicial agencies in the making, administering, and interpreting of the tax law; to the goals of the tax law and possibilities for future development of it; to the private lawyer's professional role with respect to administration of the tax law; and to the impact of the tax law on private property transfers and other transactions. Professor Warren will use Graetz, and Schenk, Federal Income Taxation (2005), and CCH Code and Income Tax Regulations (selected sections).

Taxation and Development: Reading Group

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

Professor Eric Zolt
1 classroom credit LAW-46815A Spring

This reading group will examine how tax regimes can influence a country's economic development. Topics include: the role of tax policy in developing countries, taxes and economic growth, inequality and economic growth, taxes and inequality, taxes and poverty reduction, tax incentives and tax competition, fiscal decentralization, and problems of tax administration, evasion and corruption.

Taxation B1

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

Professor Daniel I. Halperin
4 classroom credits LAW-23000A Spring

This course is an introductory study of federal income taxation covering inclusion and exclusion of items in computing gross income; deductions from gross income; tax accounting; capital gains and losses; and the treatment of the family and trusts. Consideration will be given to the interaction of legislative, executive, and judicial agencies in the making, administering, and interpreting of the tax law; to the goals of the tax law and possibilities for future development of it; to the private lawyer's professional role with respect to administration of the tax law; and to the impact of the tax law on private property transfers and other transactions.

Taxation B2

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

Visiting Professor Eric Zolt
4 classroom credits LAW-23000A Spring

This course is intended to give students an understanding of the fundamental concepts underlying the U.S. income tax. The course will focus on the statutory framework of U.S. tax laws, certain principal and illustrative judicial authorities, and selected Treasury regulations. The course will include frequent discussions of federal tax policy, current tax issues and controversies, and the history and politics of the US income tax.

Taxation C

Winter term
M,T,W,Th,F 1:00 PM - 3:00 PM, M,T,W,Th,F 10:00 AM - 12:00 PM

Visiting Professor Edward McCaffrey
4 classroom credits LAW-23000A Winter

The purpose of this class is to explore the basic doctrines, policies and principles in the federal personal income tax.

Taxation: Comparative Tax Law and Policy

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

Visiting Professor Brian J. Arnold
3 classroom credits LAW-46640A Winter

This course will examine tax law and policy in several major industrialized countries in order to compare different solutions to common problems of tax system design. Examples of the kinds of issues to be discussed include different national approaches to the formulation of tax policy, the interpretation of tax statutes, the definition of income subject to tax, the prevention of tax avoidance, the relationship of corporate and individual taxes, and selected international tax issues. The only prerequisite is Taxation.

Taxation: Corporate Transactions

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

Professor Alvin C. Warren
4 classroom credits LAW-46700A Spring

This course covers the federal income tax issues involved in the organization, operation, and restructuring of U.S. business corporations, including acquisitions, liquidations, mergers, and spinoffs. The course provides the tax background necessary for understanding and participating in the creation of many types of business transactions of both publicly and closely held companies. Taxation is a prerequisite, and Corporations is a recommended preparation. Books required: Doerenberg & Abrams, Federal Income Taxation of Corporations and Partnerships (3rd edition, 2000); CCH Selected Sections, Internal Revenue Code.

Taxation: Current Issues in Tax Law, Policy and Practice: Seminar

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

Professor Daniel I. Halperin
2 classroom credits LAW-99300A Fall/Spring
1 classroom credit Fall or Spring

This seminar, which will meet every other week beginning September 5 during the fall and spring terms, will consider a range of current issues in taxation. In most sessions papers will be presented by leading scholars in Taxation. Professor Halperin will organize the seminar, and the other members of the HLS tax faculty will be regular participants. J.D. students can enroll in the seminar for both semesters or for one semester only. This is a required course for LL.M. students in the Taxation Concentration. Written Work for both the J.D. and LL.M. programs may be done in conjunction with the seminar. The only prerequisite is Taxation.

Taxation: International Aspects of U.S. Income Taxation

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

Mr. Stephen Shay
3 classroom credits LAW-46900A Spring

This course examines U.S. income tax laws and policies relating to the taxation of foreign income of U.S. persons and U.S. income of foreign persons. Emphasis will be placed on a limited number of fundamental issues, such as jurisdiction to tax, source of income, U.S. taxation of foreign persons, the credit for foreign taxes paid (directly or indirectly) by U.S. persons, U.S. taxation of foreign income earned by foreign entities owned by U.S. persons, and income tax treaties. This course is open only to students who have completed the basic course in Taxation. Each student will need a copy of the CCH International Income Taxation Code and Regulations Selected Sections (2006-07 ed.); other materials to be announced. There will be a final examination.

Taxation: Partners and Partnerships

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

Visiting Professor Mark Gergen
3 classroom credits LAW-46930A Fall

This course will deal with the income tax treatment of partners and partnerships; the validity of special allocations of taxable income and deductions; problems arising from contributions and distributions of property to and from a partnership; consequences of sales and other transfers of partnership interests; special problems concerning service partners; special problems concerning investors' basis for deductions when a partnership raises capital by borrowing; retirement and death of a partner; and anti-abuse rules. The basic course in Taxation is a prerequisite.

Taxation: Taxation and Regulation of Nonprofit Organization

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

Professor Daniel I. Halperin
3 classroom credits LAW-46940A Fall

This course covers the treatment of charities, universities, hospitals, foundations, and other nonprofits, including requirements to qualify for tax and other benefits. Although these entities are formally nontaxable, federal regulation of nonprofits is, somewhat surprisingly, largely accomplished through the tax system. Prerequisite: Taxation or Permission of Instructor.

Teaching Poverty Law: Reading Group

Spring term, Block I
T 7:00 PM - 9:00 PM

Professor Lucie E. White
1 classroom credit LAW-47175A Spring
1 optional clinical credit

This Reading Group is for students with experience in anti-poverty advocacy who want to teach poverty law (either clinical or "stand-up") after law school. We will read and evaluate poverty law textbooks and teaching materials, and meet with poverty law professors, clinical supervisors, and anti-poverty activists. We will also get hands-on practice with teaching and clinical supervision in my poverty law class.

Theories About Law

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

Professor Lewis D. Sargentich