LAW 201:
Civil Procedure I
This course is part of the required first-year JD curriculum. This course is a study of the process of civil litigation from the commencement of a lawsuit through final judgment under modern statutes and rules of court, with emphasis on the federal rules of civil procedure. May include class participation, written assignments, or other elements. Your instructor will advise you of the basis for grading.
Terms: Aut
| Units: 4
LAW 203:
Constitutional Law
This course is part of the required first-year JD curriculum. This course offers an introduction to American constitutional law. In addition to examining questions of interpretive method, the course focuses on the powers of the federal government and the allocation of decision making authority among government institutions, including both federalism and separation of powers. Class participation, attendance, written assignments, and final exam. This course is open to first-year Law School students only.
Terms: Win
| Units: 3
LAW 205:
Contracts
This course is part of the required first-year JD curriculum. It provides exposure to basic contract law. The course will identify the scope and purpose of the legal protection accorded to interests predicated on contract and will focus on problems of contract formation, interpretation, performance, and remedies for breach.
Terms: Aut
| Units: 4
LAW 207:
Criminal Law
This course is part of the required first-year JD curriculum. It examines the traditional general issues in the substantive criminal law, including the purposes of punishment and the appropriate limits on the use of the criminal sanction. It focuses predominantly on how criminal statutes are organized around objective offense elements (conduct, causation, and attendant circumstances) and mental states, and to a lesser degree on inchoate crimes, complicity, justification and excuse.
Terms: Aut
| Units: 4
LAW 217:
Property
This course is part of the required first-year JD curriculum. It deals with possession and ownership of land and with the incidents thereof, including private and public restrictions on its use and development, nuisance, trespass, concurrent interests, landlord and tenant, and eminent domain. Attendance and final exam. Your instructor will advise you of other basis of grading. This course is open to first-year Law School students only.
Terms: Win
| Units: 4
LAW 218:
JSD Research Colloquium
Required for and limited to JSD candidates. The objective of the colloquium is to assist students in designing, conducting, analyzing and reporting their doctoral dissertation research. Weekly colloquium sessions are devoted to work in progress presentations by JSD candidates, supplemented by occasional guest lectures and discussions of cross-cutting issues of interest to doctoral students.
Terms: Aut, Win, Spr
| Units: 0
LAW 219:
Legal Research and Writing
Legal Research and Writing is a two-unit course taught as a simulation. Students work on a legal problem starting with an initial interview, and they conduct fact investigation and legal research related to that problem. Students receive rigorous training in reading and analyzing legal authority, and in using persuasive strategies--legal analysis, narrative, rhetoric, legal theory, and public policy--to frame and develop legal arguments. Students write predictive memos and persuasive briefs, and are introduced to the professional norms of ethics, timeliness, and courtesy. This course is part of the required first-year JD curriculum.
Terms: Aut
| Units: 2
LAW 220:
Regulatory Economics
Law 220 examines public policies for dealing with problems arising in markets in which competitive forces are weak. The focus is on monopolies, oligopolies, cartels, and other environments where market mechanisms are unlikely to produce outcomes that benefit consumers more than the alternatives involving costly government intervention. The two main areas examined are competition policy and economic regulation. Competition policy refers to laws that define certain market behavior as illegal because it is harmful to competition or fails to provides consumer benefits that justify its costs to consumers. Economic regulation refers to policies in which government controls prices and/or decides the terms and conditions under which firms can participate in a market. A growing area of study and policy design is the introduction of market mechanisms into formerly regulated industries such as: telecommunications, electricity, airlines, railroads, postal delivery services and environmental regulation. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper and Final Exam. Cross-listed with Economics (ECON 158).
Last offered: Winter 2015
| Units: 5
LAW 221:
Intellectual Property: Commercial Law
This seminar, co-taught by eBay's first In-House Counsel and former Director of Law & Public Policy, Brad Handler, will examine the ways in which intellectual property rights are asserted, exchanged, protected, and respected, both in theory and in practice. Special attention will be devoted to the regulatory and strategic considerations involved in the business and legal decisions implicating intellectual property. Special Instructions: Any intellectual property course, such as IP: Introduction (Law 409), IP: Patents (Law 326) or IP: Copyright (Law 324) is a prerequisite. Elements used in grading: Paper, participation, attendance, preparation and presentation..
Last offered: Winter 2013
| Units: 3
LAW 222:
Legal Research: Advanced
Open to Law and Stanford graduate students. Preparation for research in practice and clerkships. Emphasis is on cost-effective research, legislative analysis, administrative law research, and open-access resources. How to evaluate sources and use them effectively, expand skills in primary and secondary U.S. legal sources, develop skills for effective online research, and use non-legal information resources. Final project.
Last offered: Winter 2009
| Units: 3
LAW 222:
Advanced Legal Research
The course is designed to prepare law students for research in practice and clerkships. The course will review sources of legal authority and how this material is used, organized, published, indexed, and kept current. Objectives for the course are: 1) to show students how to find and evaluate legal research sources and use them effectively, with particular emphasis on cost-effective research; 2) to expand research skills in primary and secondary U.S. legal sources; and 3) to introduce students to the array of non-legal information resources useful to legal practice. Learning legal research requires a hands-on approach, so students will complete in-class exercises, homework assignments, and quizzes -- all of which contribute to grading. There will not be a final exam. This course is open to Stanford graduate students with permission from the instructor.
Terms: Win, Spr
| Units: 3
LAW 223:
Torts
This course is part of the required first-year JD curriculum. It considers issues involved in determining whether the law should require a person to compensate for harm intentionally or unintentionally caused. These problems arise in situations as diverse as automobile collisions, operations of nuclear facilities, and consumption of defective food products. Among other considerations, the course explores various resolutions in terms of their social, economic, and political implications.
Terms: Aut
| Units: 4
LAW 224A:
Federal Litigation: Coursework
This course is part of the required first-year JD curriculum. It is an introductory course in the litigation process. Students represent the plaintiff or defendant in a simulated public interest case set in a federal district court that raises complex issues of federal civil procedure, privacy, and first amendment law. Students plan litigation strategy, draft pleadings, conduct discovery, write short briefs, and orally argue major motions for dismissal, class action certification, and preliminary injunctive relief. While developing students' written and oral advocacy skills, the course also focuses on substantive issues of civil procedure and constitutional law. Attendance, class participation and written assignments. This course is open to first-year Law School students only.
Terms: Win
| Units: 2
| Repeatable
2 times
(up to 4 units total)
Instructors: ;
Duranske, S. (PI);
Eagen, E. (PI);
Fenner, R. (PI);
Jouet, M. (PI);
Kobrick, J. (PI);
McLellan, B. (PI);
Merino, J. (PI);
Pearson, L. (PI);
Weinstein-Tull, J. (PI);
Wright, K. (PI)
LAW 224B:
Federal Litigation: Methods and Practice
This course is part of the required first-year JD curriculum. It is an introductory course in the litigation process. Students represent the plaintiff or defendant in a simulated public interest case set in a federal district court that raises complex issues of federal civil procedure, privacy, and first amendment law. Students plan litigation strategy, draft pleadings, conduct discovery, write short briefs, and orally argue major motions for dismissal, class action certification, and preliminary injunctive relief. While developing students' written and oral advocacy skills, the course also focuses on substantive issues of civil procedure and constitutional law. Attendance, class participation and written assignments. This course is open to first-year Law School students only.
Terms: Spr
| Units: 2
Instructors: ;
Duranske, S. (PI);
Eagen, E. (PI);
Fenner, R. (PI);
Jouet, M. (PI);
Kobrick, J. (PI);
McLellan, B. (PI);
Merino, J. (PI);
Pearson, L. (PI);
Weinstein-Tull, J. (PI);
Wright, K. (PI)
LAW 225A:
Immigrants' Rights Clinic: Clinical Practice
The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments.
Terms: Aut, Spr
| Units: 4
LAW 225B:
Immigrants' Rights Clinic: Clinical Methods
The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments.
Terms: Aut, Spr
| Units: 4
LAW 225C:
Immigrants' Rights Clinic: Clinical Coursework
The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments.
Terms: Aut, Spr
| Units: 4
LAW 226:
Accounting
The objective of financial accounting is to measure economic activity for decision-making. Financial statements are a key product of this measurement process and an important component of firms' financial reporting activities. This course is aimed at developing students' ability to read, understand, and use corporate financial statements. The primary focus is on understanding the mapping between underlying economic events and financial statements, and how this mapping can affect inferences about future firm profitability. To this end, the course will provide an introduction to: (1) accrual accounting concepts, principles and conventions; (2) the process of preparing and presenting the primary financial statements (income statement, balance sheet, and statement of cash flows); (3) the judgment involved and discretion allowed in making accounting choices; (4) the effects of accounting discretion on the quality of the (reported) financial information; and (5) the fundamentals of financial statement analysis. Class time will be allocated to a combination of short lectures and discussions of the assigned cases. The assigned cases are based on actual corporate financial statements and/or "real life" financial situations. Elements used in grading: Class participation, attendance, written assignments, final paper.
Terms: Win
| Units: 3
LAW 227:
The Political Economy of Energy Policy
Theories of political economy that explain policy choices and behavior in energy markets in the U.S. and overseas. Topics include: collective action and public choice; state behavior and sovereignty; international political economy; behavior of complex organizations; monopoly and regulation. Case study applications, such as U.S. policy on ethanol, safety regulation at nuclear power plants, and international collective efforts to manage global warming. Prerequisite: familiarity with energy systems and policies.
Last offered: Winter 2009
| Units: 3
LAW 229:
Racial Justice Through Law
Racial inequality pervades American life. Race related controversies arise with depressing regularity. This, more than half a century after the Supreme Court's landmark decision in Brown v Board of Education, after landmark federal civil rights legislation, and at a time when many Americans profess to be colorblind. This course will examine why and how racial injustice persists, and the role of law in furthering or impeding the cause of racial justice. These questions will be explored across a variety of settings, including criminal justice, college admissions, political participation, primary/secondary education, employment, housing, hate speech, and the formation of family relationships. The class will employ a discussion based approach in which student participation is essential. Elements used in grading: Exam, class participation. Cross-listed with Comparative Studies in Race & Ethnicity (CSRE 229).
Terms: Spr
| Units: 2
LAW 230:
Creation of the Constitution
The course begins with readings setting forth the intellectual and experiential background of the framing, including common law and natural rights theory, republicanism, economic & political scientific ideas, and colonial and post-Independence experience. We then study large parts of the debates at the Constitutional Convention, primarily using Madison's Notes. Next come the ratification debates, including readings from antifederalist writers, The Federalist, and speeches in ratification conventions. We conclude with the addition of the Bill of Rights. Classes consist of a combination of lecture and extensive participation by students. Elements used in grading: Exam. Cross-listed with History (HISTORY 153).
Terms: Spr
| Units: 4
LAW 233:
Antitrust
Antitrust law sets the ground rules for competition. This course will explore the basic concepts in antitrust law. We will examine cartels and competitor collaborations, monopolization, vertical restraints and horizontal mergers. There are no prerequisites for this course. No economic background is required. The course is open to GSB students and graduate students in the Economics Department. To apply for this course, non-Law students must complete a Non-Law Student Add Request Form available on the SLS Registrar's Office website (see Non-Law Students). Elements used in grading: Class participation, attendance and final exam.
Terms: Spr
| Units: 4
LAW 233:
Antitrust
Legal and economic concepts of competition and monopoly; policy and judicial interpretations of the Sherman and Clayton acts and their applications to business practices and industrial structure. Ethical considerations.
Last offered: Autumn 2008
| Units: 3
LAW 236:
Art and the Law
This course covers the legal, public policy, and ethical issues that concern artists, art dealers, auction houses, museums, collectors, and others who comprise the world of visual art. Our focus will be on artists' rights (including copyright, resale royalties, moral rights, and freedom of expression issues), how the market in art functions (such as the artist-dealer relationship, auction rules, and issues faced by collectors), and the legal and ethical rules governing the collection, donation, and display of visual art, particularly for museums and their donors. The course focuses on certain recurrent themes: How do statutes and courts define (or attempt to define) art-and how is art defined differently for different legal purposes? How does the special character of art justify or require different treatment under the law from that accorded other tangible personal property, and how does (and should) the expressive nature of art affect the way it is owned, protected, regulated, or funded? We anticipate having two or three visitors to the class during the quarter, such as a gallery owner, auctioneer, and museum director. In addition, we will also have the students participate in at least one or two interactive negotiation simulation exercises inspired by real situations and controversies in the art world. Special Instructions: Students have the option to write a research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Graduate students from other departments are welcome to take this course with the permission of the instructor. See "Non-Law Students" on the SLS Registrar's Office website for enrollment instructions. Elements used in grading: Class participation, attendance, final paper or final exam.
Terms: Win
| Units: 2
LAW 236:
Art and the Law
International law and the fate of works of art in wartime. International trade in stolen and illegally exported art and antiquities. Artist rights such as moral right, copyright, and resale right. Artistic freedom and its limits. Artist relationships with dealers, commissions, live-work space, toxic hazards, taxes, estate planning, and legal services . The collector. Counterfeit art. The legal character and obligations of museums, and their trustees, directors, and staff. The National Endowment for the Arts and Humanities.
| Units: 3
LAW 238:
Administrative Law
Law made by administrative agencies dominates the modern legal system and modern legal practice. This course examines the legal and practical foundations of the modern administrative state. Topics include rationales for delegation to administrative agencies; the legal framework (both constitutional and statutory) that governs agency decision-making; the proper role of agencies in interpreting statutory and regulatory law; and judicial review of agency action. The course will cover these topics through a combination of cases and examples drawn primarily from separation of powers doctrine; the constitutional law of due process; health, safety, and environmental policy; criminal justice; and national security law. The central theme of the course is how administrative law balances "rule of law" values (procedural regularity, substantive limits on arbitrary action) against the often competing values of political accountability, democratic participation, and effective administrative governance. Elements used in grading: Class participation, attendance and final exam.
Terms: Win
| Units: 4
LAW 238:
Administrative Law
Administrative agencies interpret statutes, promulgate regulations, and adjudicate disputes, thereby affecting vast areas of life -- from employment to food and drug safety, from the environment to energy markets, and from telecommunications to immigration. This course surveys the law of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints on agency decision-making, and the judicial review of agency actions. Elements used in grading: Class participation, attendance, assignments, final exam. Attendance is required to retain a seat in class.
Terms: Aut
| Units: 4
LAW 238:
Administrative Law
Administrative agencies interpret statutes, promulgate regulations, and adjudicate disputes, thereby affecting employment, food and drug safety, the environment, energy markets, telecommunications, and immigration. Surveys the law of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints of agency decision-making, and the judicial review of agency actions.
Last offered: Autumn 2008
| Units: 3
LAW 239:
Writing Workshop: Law and Creativity
Practicing law is very much a creative enterprise. Effective advocates and counselors provide innovative and thoughtful solutions to complex problems. But there often isn't enough attention devoted in law school either to thinking creatively or to reflecting in a creative way on the issues students confront inside and outside the classroom. This course will respond to this gap by building a bridge between law and the arts, with the goal of helping students hone their ability to think creatively and use disciplined imagination. Law & Creativity will meet twice a week and have dual components designed to inform one another. The first session will be structured as a seminar in which students gather to examine and discuss creative treatments of legal and professional issues in a variety of media (including film, fiction, and nonfiction). The second session will follow the creative-writing workshop model in which students submit their own fiction and creative nonfiction pieces for group discussion. Through the workshop process, students will develop the skills necessary to constructively critique and workshop one another's work, and learn a variety of techniques for improving their own creative writing. Elements used in grading: Class attendance, participation and final paper.
Terms: Spr
| Units: 3
LAW 240:
Bankruptcy
This course concerns the law and finance of corporate bankruptcy with an emphasis on reorganization. The course reviews the fundamentals of debt contracting, including the role of events of default, debt priority, and security interests. The course examines various aspects of the bankruptcy process: including the automatic stay, the avoidance of prebankruptcy transactions (e.g. fraudulent conveyances and preferences), the treatment of executory contracts, the debtor's governance structure during bankruptcy, the financing of operations and investments in bankruptcy, sales of assets during bankruptcy, and the process of negotiating, voting, and ultimately confirming a plan of reorganization. Elements use in grading: Class participation and exam.
Terms: Aut
| Units: 3
LAW 242:
Corporations
This course is an introduction to the basic legal rules and principles governing the relations between managers, investors, and creditors in the business enterprise. The course is the foundation for advanced business courses. We focus on problems that arise because a firm's managers and owners have conflicting interests. We examine the costs associated with this conflict and how markets, legal rules and contracts might reduce them. Special Instructions: QM: Finance (Law 467) is recommended. Elements used in grading: Class participation, attendance, written assignments, midterm, final exam.
Terms: Spr
| Units: 4
LAW 242:
Corporations
This course is an introduction to the basic legal rules and principles governing the relations among managers, investors, and (to a lesser extent) creditors in the business enterprise. The course is the foundation for advanced business courses. We focus on problems that arise because a firm's managers and owners have conflicting interests. We examine the costs associated with this conflict and how markets, legal rules, and contracts address them. Elements used in grading: Class participation, attendance, written assignments, midterm, final exam.
Terms: Aut
| Units: 4
LAW 243:
Bayesian Statistics and Econometrics
Linear and nonlinear regression, covariance structures, panel data, qualitative variable models, nonparametric and semiparametric methods, time series, Bayesian model averaging and variable selection. Bayesian methodology including Markov chain Monte Carlo methods, hierarchical models, model checking, mixture models, empirical Bayes approaches, approximations, and computational issues and foundations. Prerequisite: graduate-level econometrics or equivalent.
Last offered: Autumn 2008
| Units: 2-6
LAW 245:
China Law and Business
This introductory course provides an overview of the Chinese legal system and business environment and examines Chinese legal rules and principles in select business-related areas. These areas include intellectual property, dispute resolution, foreign investment, mergers and acquisitions, antimonopoly law, and environment. Through active class participation and analysis of business case studies, students will learn both the law in the books and the law in action, as well as strategies that businesses could use to overcome limitations in the Chinese legal system. Leaders from the law and business community will be invited to share their experiences and insights. This course is particularly suitable for law students and students enrolled in the MBA program and/or the East Asian Studies Program. Undergraduates who have permission from the instructor may also take this course. A Stanford Non-Law Student Course Registration Form is available on the SLS Registrar's Office website. Elements used in grading: Class participation (30%) and extended take-home exam (70%).
Terms: Spr
| Units: 3
LAW 248:
Corporate Reorganization
Reorganization of a fictitious, financially distressed company under chapter 11 of the Bankruptcy Code, including: out-of-court workout; chapter 11 filing; chapter 11 operating issues; and the negotiation, formulation, and confirmation of a plan of reorganization. Developments in actual pending chapter 11 cases, through media reports.
Last offered: Autumn 2008
| Units: 3
LAW 248:
Corporate Reorganization
This course examines the reorganization of a financially distressed company under chapter 11 of the Bankruptcy Code. Among other things, the course follows a fictitious company through several stages of a business turnaround and financial restructuring, including an out-of-court workout, a chapter 11 filing, selected chapter 11 operating issues, and the negotiation, formulation and confirmation of a plan of reorganization. In addition, the course follows current developments relating to bankruptcy, primarily through reports in the media. For example, in recent years the course has examined developments in actual chapter 11 cases (e.g., General Motors, Chrysler Corporation, American Airlines, Caesars Entertainment Operating Co and Lehman Brothers) and the effects of bankruptcy on various industries (e.g., airlines, automotive, energy and retail). The course also touches on various issues that often arise in a reorganization setting, such as valuation, leveraged buyouts, debt and derivative instruments, and distressed debt trading. Elements used in grading: Class participation and final exam.
Terms: Spr
| Units: 3
LAW 251:
Conflict of Laws
Instances are common in law where more than one legal authority potentially governs a particular event, occurrence or transaction. When the outcome required by these authorities differs, which law governs? Beginning with the classic problem of choosing an applicable law in cases with facts touching more than one jurisdiction, this course is designed broadly to explore the variety of theories and systems used to resolve this question. The course thus uses state/state conflicts to develop a set of approaches and then extends these to such other problems as adjudicatory jurisdiction, judgments, federal subject-matter jurisdiction, and public and private international law. Elements used in grading: Attendance, preparation, participation and final examination.
Terms: Aut
| Units: 3
LAW 253:
Advanced Civil Procedure
This course is a basic introduction to high-stakes litigation involving parallel or sequential claims, multiple claims and parties, and multiple jurisdictions, principally in cases governed by the Federal Rules of Civil Procedure. The course assumes basic familiarity with the way courts resolve lawsuits between two parties. It also assumes that students are familiar with the basics of territorial and subject matter jurisdiction--which we will build on over the course of the semester. The course starts with the law of preclusion, filling in any gaps in coverage from first year. After a brief review of the law of joint and several liability, the course will cover simple joinder of claims (Rule 18), joinder of plaintiffs and defendants (Rule 20), cross-claims and third party practice (Rule 13 and 14). Then we'll look at problems of non-parties--those who want to intervene in the litigation (Rule 24) and those who decline to intervene and cannot be joined (Rule 19). Throughout, we will pay attention to the relationship between federal joinder rules and federal subject matter jurisdiction, including the federal supplemental jurisdiction statute. We'll very briefly glance at the law of interpleader, both under Rule 22 and the federal interpleader statute. The second part of the course will deal with class actions under Federal Rule 23. It will cover the types of class action (limited fund, injunction, damages), the differing requirements for certification of the various types of actions, and how trial and appellate courts approach critical issues of certification, notice and jurisdiction, collective proof, settlement and preclusion. Cases will give a feel of the issues across various types of class action: including consumer, antitrust, securities, civil rights and employment litigation. The course will also look at the federalization of state class action law, including important recent case law from the US Supreme Court upholding class action waivers in contracts of adhesion containing arbitration clauses and legislation expanding federal subject matter jurisdiction over diversity class actions. In view of the likely decline of class action practice in certain fields of law, we'll also look at contractual and statutory substitutes for class action approaches. The final topic in the class will be multidistrict litigation, including the statutory authority for multi-district transfers, how they differ from transfers for trial, the standards that govern where and how a multidistrict proceeding is established, and some current issues of law, practice and policy, focusing on mass tort and product liability cases. At the end of the course, you should know and be able to apply the rules covered, have some sense of how those rules figure in developing plaintiff and defense strategies in complex cases, understand the kinds of arguments that are likely to move trial and appellate judges presiding in such cases, and begin to see the hard policy choices involved in the design of rules for resolving such cases. Elements used in grading: ATTENDANCE AND CLASS PARTICIPATION ARE REQUIRED--STUDENTS WILL BE "ON CALL" FOR APPROXIMATELY ONE IN EVERY FOUR CLASSES, ON A SCHEDULE TO BE RELEASED AFTER THE FIRST CLASS. GRADING IS BASED ON A ONE-DAY TAKE HOME FINAL EXAMINATION WITH A WORD LIMIT.
Terms: Spr
| Units: 3
LAW 255:
Constitutional Law: The Fourteenth Amendment
This course examines various aspects of the Fourteenth Amendment, with special attention to equal protection, substantive due process, and state action. Topics addressed will include equal protection in relation to race, gender, and sexual orientation, and substantive due process in relation to procreation, sexuality, and relationships. Elements used in grading: Class participation and exam.
Terms: Aut
| Units: 3
LAW 255:
Constitutional Law: The Fourteenth Amendment
This course examines various aspects of the Fourteenth Amendment, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including, for example: How did gay and lesbian relationships go so quickly from being subject to criminal prohibition to being eligible for marriage? What justifies the Supreme Court's striking down a law mandating segregated schools, when it had upheld an analogous law half a century earlier? Must the law treat all individuals identically, or may and should it grant special protections to members of historically disadvantaged groups? To what sources might (and should) a judge look to give content to vague constitutional terms like "equal protection" and "due process"? How can we distinguish "law" from "politics" in this area? Readings will include judicial opinions and some scholarly commentary. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and exam. ENROLLMENT REQUEST FORM: To apply for this course, students must complete and submit the Enrollment Request Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Enrollment Request Form for instructions and submission deadline.
Terms: Spr
| Units: 3
LAW 259:
State-Building and the Rule of Law Seminar
The State-Building and Rule of Law Seminar is centrally concerned with bridging theory and practice. The seminar introduces the key theories relevant to state-building generally and strengthening the rule of law in particular. This course explores the multidisciplinary nature of development -- through readings, lectures, guest lectures, and seminar discussions -- and asks how lawyers fit in and contribute to the process. Essentially, in a given context, what is the relationship of law to political, social, and economic change? This course will employ case studies as a way to analyze rule-of-law practice within development theory. The set of developing countries considered within the scope of this workshop is broad. It includes, among others, states engaged in post-conflict reconstruction, e.g., Cambodia, Timor Leste, Rwanda, Iraq, Sierra Leone; states still in conflict, e.g., Afghanistan, Somalia; the poorest states of the world that may not fall neatly into the categories of conflict or post-conflict, e.g., Nepal, Haiti; least developed states that are not marked by high levels of violent conflict at all, e.g., Bhutan; and more developed states at critical stages of transition, e.g., Tunisia, Georgia, Hungary. Grading is based on participation, a presentation of research or a proposal, and, in consultation with the professor, a research paper (for R credit) or an in-depth research proposal either of which could be the basis for future field research. CONSENT APPLICATION: The seminar is open by consent to up to twelve (12) JD, SPILS, and LLM students, and graduate students from other departments within Stanford University. To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructor. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 3
LAW 259A:
Afghanistan Legal Education Project (ALEP) Seminar
The Afghanistan Legal Education Project (ALEP) Seminar is only open to student preselected in the spring. The ALEP Seminar will begin with an intensive bootcamp taught by ALEP leadership and members of the law faculty at American University of Afghanistan (AUAF). We will explore the Afghan sociopolitical and legal context, rule of law efforts and challenges in Afghanistan, and the role of legal education in legal development. Participants will learn from Afghan law professors about Shari' a law, customary law, Afghan civil law, and the challenges presented by Afghanistan's pluralistic legal system in preparation to work on legal curriculum to be taught at AUAF. The bootcamp will be highly participatory and requires full attendance. During the remainder of the quarter, participants will receive training in curriculum creation and organizational development in preparation for authoring an Afghan legal textbook and assuming ALEP programmatic responsibilities. Elements used in grading: Grading is based on mandatory attendance of the boot camp, participation, assignments, and revision of an existing textbook chapter. Consent Process: Only students selected in spring 2015 have consent to take the ALEP Seminar. Their names will be given to the Registrar, who will automatically enroll them in the course in fall 2015.
Terms: Aut
| Units: 3
LAW 260:
Contemporary Issues in Law and Politics
This seminar covers high profile legal controversies from the previous few years. Topics to be covered this semester will include recent Supreme Court decisions concerning affirmative action, the Voting Rights Act, campaign finance, the First Amendment, national security, and criminal procedure, as well as other legislative controversies and cases pending during the term. Students are required to complete a considerable amount of reading each week and participate actively in the seminar. The final paper will be approximately 30 pages in length and will concern a topic of the student's choice dealing with law and politics. Students can take the seminar for either 2 or 3 units. Students taking the seminar for 3 units are required to complete weekly written assignments in addition to the final paper. After the term begins, students accepted into the course can transfer from section (01) into section (02), for 3 units with instructor consent. Elements used in grading: Class participation, final paper and written assignments (optional).
Last offered: Autumn 2014
| Units: 2-3
LAW 262:
Corporate Finance I
There are many contexts in which lawyers need an understanding of finance. For example, many of the disputes that give rise to litigation center on the financial valuation of firms and the securities they issue. In addition, an understanding of firms' capital structures and the design of corporate securities is necessary in analyzing many legal issues, especially those arising in corporate transactions, executive compensation, and bankruptcy proceedings. This course is designed to provide students with a rigorous conceptual understanding of finance and to give students the analytical tools needed to make financial decisions and value financial securities. The course stresses problem solving and includes problem sets, cases, and a midterm and final examination. The course is designed to be accessible to students with a fairly limited mathematical background. In general we will not assume any knowledge of mathematics beyond high-school algebra. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Exam.
Terms: Win
| Units: 3
LAW 262:
Corporate Finance I
For those with little background in finance; not open to J.D. or M.B.A. students. Financial concepts and analytical tools needed to make financial decisions and value securities. Capital structures, the design of corporate securities, corporate transactions, executive compensation, and bankruptcy proceedings. Focus is on problem solving.
Last offered: Autumn 2008
| Units: 3
| Repeatable
1 times
(up to 4 units total)
LAW 264:
Advanced Corporate Finance
Lawyers often need an advanced understanding of corporate financial decisions, instruments, and transactions. Corporate finance topics include the determination of a firm's cost of capital, valuation, payout policy, equity and debt financing, bankruptcy and restructuring, and mergers and corporate control. Advanced Corporate Finance introduces these topics by lecture and then explores them through detailed analysis of actual cases. Legal considerations that arise within corporate finance include the issuance of dual class shares, disputes related to earnings repatriation and taxes, mandatory disclosure requirements, appraisal cases and fairness opinions, takeover defenses and fiduciary duty challenges, contractual provisions in merger agreements, charges of anticompetitiveness, and Chapter 11 bankruptcy proceedings. This class rigorously advances both conceptual and practical/analytical understanding. These skills facilitate professional dealings with CFOs, corporate treasurers and directors, investment bankers, consultants, portfolio and investment managers, venture capitalists, and private equity managers. Prerequisite: Corporate Finance I (Law 262) or equivalent background. Elements used in grading: class participation and final exam.
Terms: Spr
| Units: 2
LAW 266A:
Juelsgaard Intellectual Property and Innovation Clinic: Clinical Practice
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
Terms: Win, Spr
| Units: 4
LAW 266B:
Juelsgaard Intellectual Property and Innovation Clinic: Clinical Methods
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
Terms: Win, Spr
| Units: 4
LAW 266C:
Juelsgaard Intellectual Property and Innovation Clinic: Clinical Coursework
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
Terms: Win, Spr
| Units: 4
LAW 267:
Law of Nonprofits
This course provides an overview of the rules governing the formation and operation of nonprofit organizations. The course will focus both on the state laws governing nonprofit corporations and on federal tax laws. Topics will include the fiduciary duties of nonprofit directors, obtaining and maintaining tax-exempt status, nonprofit lobbying and political activities, and nonprofit earned income strategies, including social enterprise. Special Instructions: No pre-requisites. Knowledge of basic tax and/or corporate law is helpful but not required. Elements used in grading: Class participation, including attendance will comprise (20%) and final exam (80%).
Terms: Aut
| Units: 3
LAW 268:
Democracy and the Constitution
This course will explore connections between democratic theory, constitutional theory, and constitutional law. We will discuss issues in political philosophy, law, and jurisprudence, and leading cases about freedom of expression, campaign finance, deference to administrative agencies, and legislative apportionment. Readings from Scalia, Breyer, Ely, Rawls, Dahl, Sunstein, Siegel, Kramer, Habermas, Dworkin, Przeworski, Riker, and Schumpeter. Special Instructions: Enrollment is limited to 20 students, 10 from SLS and 10 from H&S, who will be selected by lottery. Elements used in grading: Class participation and final paper. Writing (W) credit is for students entering prior to Autumn 2012. Cross-listed with Political Science (POLISCI 438) and Philosophy (PHIL 374C).
Last offered: Winter 2015
| Units: 3
LAW 269:
Foreign Affairs and the Constitution
Focus is on issues of separation of powers and federalism. Topics such as the treaty power, war powers, and customary international law. Current controversies, including those arising from the war on terrorism, Supreme Court cases related to the death penalty and the Vienna Convention on Consular Relations, the Alien Tort Claims Act, and international trade agreements such as the WTO and NAFTA. Recommended: LAW 283.
Last offered: Winter 2009
| Units: 3
LAW 272A:
Organizations and Transactions Clinic: Clinical Practice
The O&T Clinic is targeted at both students planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms and those seeking to explore a non-litigation, advisory-oriented practice. In the clinic, students develop legal advice, learn to review and write contracts and governance materials, meet with client executives, examine commercial relationships, and receive extensive feedback about their work. No prior experience in business, finance, or corporate law is necessary. Students work on structural, programmatic, contractual, affiliation, and governance matters for corporate entities. Students typically represent multiple clients during the term, interact with client CEOs, CFOs, board members, and general counsels, and work in teams with other students and the instructors. Students receive detailed comments about the design, content, and execution of work-products and client communications, and about their performance in client meetings and calls. Students regularly assess their own work throughout the quarter and prepare a self-evaluation at the end of the term. O&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $25 million, and some are considerably larger. We focus on these organizations because they are corporations that typically have substantial governance and external disclosure obligations, active boards of directors, audited financial statements, complex programs, varied collaborations, and diverse funding sources and contractual relationships -- all of which are relevant to and productive of corporate work -- yet are small enough that the clinic's contact is a senior executive. We think they provide excellent material for students learning about organizational representation and institutional corporate practice. The course includes a seminar that generally meets twice a week. Seminar meetings focus on student-led workshops regarding client projects, and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Evaluation and grading are based on detailed points of emphasis that reflect ways of working we believe characterize an effective lawyer and responsible colleague. Course design and operation reflect the instructors' combined 40+ years of corporate practice representing consumer products, finance, technology, and life science companies, in both law firm and senior in-house roles. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus includes specific expectations and criteria relating to methodical analysis, close reading, efficient writing, effective collaboration, and crisp execution, applicable across client and seminar work.
Terms: Aut, Spr
| Units: 4
LAW 272B:
Organizations and Transactions Clinic: Clinical Methods
The O&T Clinic is targeted at both students planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms and those seeking to explore a non-litigation, advisory-oriented practice. In the clinic, students develop legal advice, learn to review and write contracts and governance materials, meet with client executives, examine commercial relationships, and receive extensive feedback about their work. No prior experience in business, finance, or corporate law is necessary. Students work on structural, programmatic, contractual, affiliation, and governance matters for corporate entities. Students typically represent multiple clients during the term, interact with client CEOs, CFOs, board members, and general counsels, and work in teams with other students and the instructors. Students receive detailed comments about the design, content, and execution of work-products and client communications, and about their performance in client meetings and calls. Students regularly assess their own work throughout the quarter and prepare a self-evaluation at the end of the term. O&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $25 million, and some are considerably larger. We focus on these organizations because they are corporations that typically have substantial governance and external disclosure obligations, active boards of directors, audited financial statements, complex programs, varied collaborations, and diverse funding sources and contractual relationships -- all of which are relevant to and productive of corporate work -- yet are small enough that the clinic's contact is a senior executive. We think they provide excellent material for students learning about organizational representation and institutional corporate practice. The course includes a seminar that generally meets twice a week. Seminar meetings focus on student-led workshops regarding client projects, and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Evaluation and grading are based on detailed points of emphasis that reflect ways of working we believe characterize an effective lawyer and responsible colleague. Course design and operation reflect the instructors' combined 40+ years of corporate practice representing consumer products, finance, technology, and life science companies, in both law firm and senior in-house roles. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus includes specific expectations and criteria relating to methodical analysis, close reading, efficient writing, effective collaboration, and crisp execution, applicable across client and seminar work.
Terms: Aut, Spr
| Units: 4
LAW 272C:
Organizations and Transactions Clinic: Clinical Coursework
The O&T Clinic is targeted at both students planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms and those seeking to explore a non-litigation, advisory-oriented practice. In the clinic, students develop legal advice, learn to review and write contracts and governance materials, meet with client executives, examine commercial relationships, and receive extensive feedback about their work. No prior experience in business, finance, or corporate law is necessary. Students work on structural, programmatic, contractual, affiliation, and governance matters for corporate entities. Students typically represent multiple clients during the term, interact with client CEOs, CFOs, board members, and general counsels, and work in teams with other students and the instructors. Students receive detailed comments about the design, content, and execution of work-products and client communications, and about their performance in client meetings and calls. Students regularly assess their own work throughout the quarter and prepare a self-evaluation at the end of the term. O&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $25 million, and some are considerably larger. We focus on these organizations because they are corporations that typically have substantial governance and external disclosure obligations, active boards of directors, audited financial statements, complex programs, varied collaborations, and diverse funding sources and contractual relationships -- all of which are relevant to and productive of corporate work -- yet are small enough that the clinic's contact is a senior executive. We think they provide excellent material for students learning about organizational representation and institutional corporate practice. The course includes a seminar that generally meets twice a week. Seminar meetings focus on student-led workshops regarding client projects, and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Evaluation and grading are based on detailed points of emphasis that reflect ways of working we believe characterize an effective lawyer and responsible colleague. Course design and operation reflect the instructors' combined 40+ years of corporate practice representing consumer products, finance, technology, and life science companies, in both law firm and senior in-house roles. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus includes specific expectations and criteria relating to methodical analysis, close reading, efficient writing, effective collaboration, and crisp execution, applicable across client and seminar work.
Terms: Aut, Spr
| Units: 4
LAW 273:
Deals I
This course applies economic concepts to the practice of structuring contracts. The course extends over two quarters. In the Fall quarter it will meet four hours per week. In the Winter quarter, it will meet ONLY FOR FIVE WEEKS for four hours per week--for 2 units of course credit. During those five weeks, it will meet on Monday and Friday. Exactly which five weeks the course will meet will be announced during the Fall quarter. Students enrolled in the course must take both quarters. All of the first quarter will be spent in a traditional classroom setting, reading and discussing the economics underlying business transactions and applying those concepts to focused case studies that illustrate the economic concepts that we study. During the second quarter, we will explore deals in greater detail by studying five complex transactions in full. For this part of the course, students will be divided into groups and will be assigned one of the five deals. Each group will give a presentation of its deal to the class, and in the following class, a lawyer or other participant in the deal will come to class to present the deal based on his or her experience. When it works, the students' and the practitioners' analyses are mutually enlightening. We study five new deals each year. Deals that we have studied over the years have included movie financings, biotech alliances, venture capital financings, cross-border joint ventures, private equity investments, and corporate reorganizations. Special Instructions: Students enrolled in the course must take both quarters. Students who have not taken the course in the fall cannot register for it in the winter, and those who took it in the fall must register for it in the winter. No exam in Autumn Term. An In-School exam will be given at the conclusion of the course in the Winter Term. Grades will be given at the end of the second quarter and will be applied to both quarters. NOTE: This year, I have blocked out 4 class periods per week in the second quarter on Mondays and Fridays. As explained above, however, WE WILL ONLY USE HALF OF THOSE CLASSES - that is, FIVE MONDAYS and FRIDAYS over the Winter quarter. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline. I use the consent form to ensure diversity of experience and non-experience and diversity across classes. Elements used in grading: Attendance, class participation, presentation, written assignments, group paper, and exam.
Terms: Aut
| Units: 4
LAW 274:
Advanced Immigrants' Rights Clinic
The Immigrants' Rights Advanced Clinic offers the opportunity for students who have already successfully completed the Immigrants' Rights Clinic to pursue: a specific immigrants' rights advocacy project; advanced individual client representation; and/or working with the clinic director to provide direction/guidance to those enrolled in the Clinic for the first time. All advanced Clinic projects will be jointly designed by the director and the advanced student. Advanced students providing guidance/direction to first-time students will receive additional training on providing supervision. Special instructions: Advanced students are expected to attend the case-rounds portion of the weekly seminar, and to participate as needed in the lecture/discussion portion of the seminar. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Elements used in grading: Attendance and participation in class, project work, writing assignments, and case preparation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 14 units total)
LAW 275:
Deals II
This course applies economic concepts to the practice of structuring contracts. The course extends over two quarters. In the Fall quarter it will meet four hours per week. In the Winter quarter, it will meet ONLY FOR FIVE WEEKS for four hours per week--for 2 units of course credit. During those five weeks, it will meet on Monday and Friday. Exactly which five weeks the course will meet will be announced during the Fall quarter. Students enrolled in the course must take both quarters. All of the first quarter will be spent in a traditional classroom setting, reading and discussing the economics underlying business transactions and applying those concepts to focused case studies that illustrate the economic concepts that we study. During the second quarter, we will explore deals in greater detail by studying five complex transactions in full. For this part of the course, students will be divided into groups and will be assigned one of the five deals. Each group will give a presentation of its deal to the class, and in the following class, a lawyer or other participant in the deal will come to class to present the deal based on his or her experience. When it works, the students' and the practitioners' analyses are mutually enlightening. We study five new deals each year. Deals that we have studied over the years have included movie financings, biotech alliances, venture capital financings, cross-border joint ventures, private equity investments, and corporate reorganizations. Special Instructions: Students enrolled in the course must take both quarters. Students who have not taken the course in the fall cannot register for it in the winter, and those who took it in the fall must register for it in the winter. No exam in Autumn Term. An In-School exam will be given at the conclusion of the course in the Winter Term. Grades will be given at the end of the second quarter and will be applied to both quarters. NOTE: This year, I have blocked out 4 class periods per week in the second quarter on Mondays and Fridays. As explained above, however, WE WILL ONLY USE HALF OF THOSE CLASSES - that is, FIVE MONDAYS and FRIDAYS over the Winter quarter. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline. I use the consent form to ensure diversity of experience and non-experience and diversity across classes. Elements used in grading: Attendance, class participation, presentation, written assignments, group paper, and exam.
Terms: Win
| Units: 2
LAW 277:
Economic Analysis of Law
(Same as PUBLPOL 202B.) Core course for Public Policy master's students. How legal rules and institutions can correct market failures.The economic function of contracts; role of legal remedies to resolve disputes when contracts fail. The choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors such as regulatory authorities. Economics of litigation; how private incentives to bring lawsuits differ from the social value of litigation. Economic motives to commit crimes; optimal governmental response to crime. Prerequisites: intermediate-level microeconomics; some calculus.
Last offered: Winter 2009
| Units: 3
LAW 278:
The Article III Judge
The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Readings will include books and articles by some of the leading legal thinkers in the nation's history. Special Instructions: This class will meet the first three weeks of the quarter only. Elements used in grading: Class attendance and participation, reading the assigned material, and a 10-15 page paper that uses the readings to analyze a significant judicial opinion. Special Instructions: This class will meet the first three weeks of the quarter only.
Terms: Win
| Units: 2
LAW 279:
Advanced Organizations and Transactions Clinic
Advanced clinic allows students who have taken the Organizations & Transactions Clinic to work on ongoing projects. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical credits during their law school career. Students must have taken Organizations & Transactions Clinic (Law 272). Writing (W) credit is for 3Ls only. Elements used in grading: Written assignments and client interactions.
Last offered: Winter 2014
| Units: 2-7
LAW 280:
Toxic Harms
This seminar will examine the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus will be tort liability, and a central theme in the course will be whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, it is essential to compare the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies. Moreover, it seems equally important that these options be grounded in a concrete understanding of the major current problem areas. To accomplish these aims, the course will focus on a number of specific present concerns, including tobacco, asbestos, anti-inflammatory drugs, and workplace emissions exposures. In each instance, we will look at the nature of the public health problem as well as ensuing tort litigation and regulatory activity. In addition to examining these distinctive problem areas, we will look at broader, cross-cutting institutional reform proposals that have received recent attention. Students in Section (01) will write three ten-page writing exercises on topics discussed in class. After the term begins, students accepted into the course can transfer from section (01) into section (02), and have the option to write a final independent research paper for Research credit, with instructor consent. Elements used in grading: Three ten-page writing exercises or final independent research paper. Early drop deadline.
Last offered: Winter 2015
| Units: 2
LAW 281:
Natural Resources Law and Policy
Natural resource management presents extremely difficult and contentious issues of law and public policy. Major debates continue to rage over issues such as the Endangered Species Act, whether the United States should permit drilling in the Arctic National Wildlife Refuge, and how to prevent the overfishing of the oceans. This course will focus on two major aspects of natural-resource management: biodiversity protection (including the Endangered Species Act, ocean fisheries management, and global protection of marine mammals) and public lands in the United States such as national parks and wilderness areas. The course also will examine the National Environmental Protection Act and the effectiveness of environmental impact assessments. Class sessions will include critical examinations of current law and policy and in-depth discussions of situational case studies that force you to consider how you would resolve real-life issues. Students will be expected to participate actively in class discussions. (This course will not examine either water law or energy law in any depth. Water Law will be offered again in the 2015-2016 academic year. Several other courses in the Law School deal with energy-law questions.) Elements used in grading: Class participation and final exam (open book).
Last offered: Autumn 2014
| Units: 3
LAW 283:
Federal Courts
This course considers the role of the federal courts in the federal system. It is both an advanced course in constitutional law and a course on the institutional design of the federal courts. In the first aspect, we consider two great themes: the allocation of power between the states and the federal government -- federalism -- and the relationship between the federal courts and the political branches of the national government -- separation of powers. In the other aspect, we focus on the structure of the judicial system, the scope and limits of federal judicial power, essential aspects of federal court procedure, and the evolving structural response of the federal courts to changes in technology, commerce, government, and a multitude of factors that affect the business of the federal courts and the role of federal judges. Topics will include the original and appellate jurisdiction of the federal courts, Supreme Court review of state court judgments, federal common law including implied rights of action, Congressional power to limit the jurisdiction of the federal courts and to create adjudicative bodies within the federal government but outside the requirements of Article III, state sovereign immunity, justiciability, abstention and other doctrines of restraint, and the role of the federal courts in the war on terrorism. This course is highly recommended for students planning to practice in the federal courts, and many judges consider it essential preparation for a judicial clerkship. This course complements Constitutional Litigation (Law 641), and students, especially those who plan to clerk, will benefit from taking both courses. In-School: Three hour exam. During the exam students may consult course materials and notes prepared by them or students in this class, but not treatises (including Chemerinsky), commercial outlines, or student notes from past years or other schools. Elements used in grading: Class participation, attendance and final exam.
Terms: Aut
| Units: 5
LAW 283:
Federal Courts
This course addresses the role of the federal courts in the American system of federalism and separation of powers, as well as their role in the development of substantive federal law and constitutional rights. A central premise of the course is that the institutional, political, and constitutional features of federal court litigation cannot be understood without engaging the historical context, especially the social, political, and legal movements, in response to which the federal courts have developed. Thus while many of the traditional aspects of federal court jurisprudence will be covered (e.g., federal common law including implied rights of action, justiciability doctrines and other doctrines of restraint, congressional power to limit the jurisdiction of the federal courts and to create "legislative courts" outside of Article III, Supreme Court review of judgments, state sovereign immunity, litigating against the government, and federal habeas corpus), doctrine will be placed alongside interdisciplinary readings on social, political, and theoretical accounts that reveal how the courts and ordinary Americans have come to understand the distinctive role of the federal courts, as well as claims for expansion or contraction of their powers. The course is strongly recommended for students interested in pursuing a career in litigation and/or judicial clerkships in the federal courts. Elements used in grading: Class attendance, class participation, take home exam.
Terms: Win
| Units: 4
LAW 283:
Federal Courts
The role of the federal courts in the American system of federalism and separation of powers, and their role in the development of substantive federal law and constitutional rights. Historical context, especially the social, political, and legal movements, in response to which the federal courts have developed. Traditional aspects of federal court jurisprudence. Interdisciplinary readings.
Last offered: Winter 2009
| Units: 3
LAW 285:
International Trade Regulation
Law and policy of the WTO system and related national laws. Topics include the relationship between international and domestic law, the international dispute resolution system, legal restrictions on traditional barriers to trade, nondiscrimination obligations in international trade, trade and the environment, technical barriers to trade, safeguards and adjustment mechanisms, antidumping and countervailing duty law, and trade services.
Last offered: Autumn 2008
| Units: 3
LAW 285:
International Trade Law
The WTO is a remarkably successful international institution, with perhaps the most effective dispute resolution system of any international organization. This course will survey the law and policy of the WTO system and related legal regimes. Topics will include the political economy of the treaty framework, the relationship between international and domestic law, the dispute resolution system, legal restrictions on border instruments, nondiscrimination obligations in international trade, preferential trading agreements such as NAFTA, TTIP and TPP, WTO rules concerning domestic regulation including the perceived tension between WTO obligations and domestic environmental/health/safety regulations, subsidies in international trade, antidumping law, trade in services, and investor rights under trade agreements. Elements used in grading: Class participation and final exam.
Terms: Win
| Units: 3
LAW 287:
Advanced Juelsgaard Intellectual Property and Innovation Clinic
Advanced clinic allows students who have taken the Advanced Juelsgaard Intellectual Property and Innovation Clinic to continue working on cases. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical credits during their law school career.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 288:
Governance and Ethics: Anti-Corruption Law, Compliance and Enforcement
Laws and regulations in the U.S. governing ethical conduct of public and industry officials and the extent to which they reflect the moral values of the community and the principles central to a democratic government. Alternative approaches to ethical conduct based on principles and values rather than compliance. Emerging global ethical and governance standards, reporting principles, and their application to emerging markets. How cultural, religious, and moral differences might impact the effectiveness of these standards.
| Units: 3
LAW 290:
Evidence
Evidence rules constrain proof at criminal and civil trials. We will study the Federal Rules of Evidence, related case law, and those constitutional concepts that limit proof at criminal trials. Topics include relevance, unfair prejudice, character evidence, impeachment, the rape shield law, hearsay, and the Confrontation and Compulsory Process Clauses. Please note that the California Bar Examiners have posted this announcement: "Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Evidence and the California Evidence Code. Applicants should be prepared to compare and contrast the differences between the Federal Rules and the California Evidence Code, especially where the California rules of evidence have no specific counterparts in the Federal Rules." This evidence course covers only the Federal Rules of Evidence and does not address the California Evidence Code. Although similar principles of law govern the Federal Rules and California Code, the two sets of rules are not identical. Students preparing for the California Bar Exam will have to learn some new material. Elements used in grading: Final exam (one-half essay and one-half multiple choice).
Terms: Win
| Units: 5
LAW 290:
Evidence
This course examines the law of proof, with special attention to the Federal Rules of Evidence, constitutional restrictions on proving facts in criminal cases, and selected provisions of the California Evidence Code that diverge significantly from federal law. Topics include relevance, unfair prejudice, hearsay, confrontation, character evidence, impeachment, and expert witnesses. Elements used in grading: Final Exam.
Terms: Spr
| Units: 4
LAW 291:
Evidence, Advanced
Goal is to develop witness interrogation skills. Direct and cross examination of lay and expert witnesses, introduction of documentary evidence, and use of illustrative evidence in California and federal courts. The art of examining friendly and hostile witnesses. Enrollment limited to six. Prerequisite: 290, application
Last offered: Winter 2009
| Units: 3
LAW 292:
Estate Planning
This class will cover the basics of the gift and estate tax system and estate planning principles. With these fundamentals, the course will then examine basic and advanced estate planning and wealth transfer techniques, including wills, various types of trusts, titling property, gifts during lifetime, charitable vehicles, handling closely held businesses and valuation matters--with an emphasis on how to use these tools in planning an estate to meet the objectives of a couple or individual. Probate of an estate, durable power of attorneys, conservatorships, and planning for other life situations will be explored. Elements used in grading: Class participation (is a small factor and only in the positive direction) and final exam. This course is open to GSB and graduate students with consent of the instructor.
Terms: Win
| Units: 3
LAW 293:
Family Law
Rules regarding the making and breaking of legally recognized relationships, especially those between marital partners and parents and children. Focus is on the institution of marriage.
Last offered: Winter 2008
| Units: 3
LAW 293:
Family Law
If there were no legal institution called marriage, would we want to create one? In the context of people's intimate relationships, when and how does the law facilitate and reinforce people's preferences/choices, and when does and should it restrict them? What are (and should be) the sources of legally enforceable obligations between intimates or family members? How does and should the law take account of children, who cannot fend for themselves? This course will consider these questions and more. Elements used in grading: Exam, with minor adjustments for class participation.
Last offered: Spring 2015
| Units: 3
LAW 297:
Entertainment Law
Entertainment law is not, in and of itself, a separate legal discipline. Instead, the practice of entertainment law lies at the intersection of various traditional legal disciplines, such as contract, tort, copyright, trademark, antitrust, secured transactions, etc., and applies those disciplines to a unique business setting. This course is intended to approach the study of entertainment law from a practical perspective, applying the principles of traditional legal disciplines to avoid problems and find solutions in various facets of the entertainment industry. To accomplish the necessary background, we will study the entertainment industry from both a macro level (i.e., the organization of the motion picture, television and music business, including the function of studios, producers, networks, record companies, agencies, managers, lawyers and labor unions) and a micro level (i.e., examining actual agreements in order to understand the principal components of motion picture talent, production and distribution contracts, television series contracts, music and book publishing contracts). We will also examine key litigation issues that affect the industry, such as the interaction of the First Amendment and the right of publicity, the right of privacy and libel, the anti-SLAPP laws, the "final cut" and profit participation cases. The impact of the digital media (including the internet) will, of course, be analyzed, along with the future of the entertainment industry, including convergence, holograms, syntho-thespians and the like. We plan to include guest speakers from the entertainment industry so that this class will embody both business and legal considerations. The overall goals of this course are (1) to expose students to the unique and increasingly complex structure of the entertainment business; (2) to foster an understanding of the role the law and entertainment lawyers play in that unique business structure; (3) to strengthen students' ability to draft key documents and craft persuasive legal arguments to accomplish the goals they may seek to achieve as lawyers in the entertainment industry; and (4) to develop the analytical and problem-solving skills necessary to make them into effective entertainment lawyers. Elements used in grading: Class participation, brief writing exercises, team contract negotiation and drafting projects.
Terms: Win
| Units: 3
LAW 299:
Derivatives
The course will examine the legal, regulatory, trading and risk management aspects of the $600 trillion notional over-the-counter and cleared derivatives markets. Derivatives have historically not been well-understood by regulators or the public and have been blamed for causing or contributing to the economic crisis. This course will offer students the opportunity to understand how various derivative products are designed, traded and risk-managed and what role regulators play in the derivatives industry. In addition, students will focus on understanding key legal contracts that underpin the global derivatives industry, in particular focusing on the ISDA© Master Agreement and Credit Support Annex, as well as documentation supporting credit derivatives and other common derivative types. Students will also consider the shifting regulatory landscape for financial institutions and hedge funds as it relates to the way in which these products are traded, with rates and credit products migrating to clearinghouses. The course will conclude with an examination of the economic crisis that erupted with Lehman Brothers' bankruptcy in September 2008 and the consequent policy reactions to that event from a derivatives and bankruptcy perspective. Elements used in grading: attendance, written homework assignments and a final exam.
Terms: Win
| Units: 2
LAW 300:
Securities Litigation
Securities litigation is a complex. multi-billion dollar enterprise that raises a host of intricate legal, economic, and social policy issues. This course addresses criminal, SEC civil, and private enforcement of the federal securities laws, with a focus on "big-ticket" litigation that illuminates underlying policy tensions. The course addresses a range of strategic litigation issues, and emphasizes elements of practice that are not apparent from decided cases, such as mechanisms that generate settlement pressure on corporate and individual defendants, business challenges to plaintiffs seeking to bring class actions, and the debate over the failure to prosecute individuals in connection with the 2008-09 financial crisis. The course also addresses the international dimension of securities litigation by examining the implications of the Supreme Court's Morrison decision, and the operation of the Foreign Corrupt Practices Act. Students interested in a complete understanding of the federal securities laws are urged to take the Winter Capital Market course, though it is not a prerequisite for this course. Elements used in grading: Final Exam.
Terms: Spr
| Units: 4
LAW 301:
Labor Law
This course will cover the basic substantive and procedural aspects of the enforcement of the National Labor Relations Act (NLRA) in the U.S. economy today. After a brief introduction to the origin and history of collective bargaining laws, the course will examine how the protections and obligations of the NLRA actually operate in the modern workplace. Coverage will include legal issues in union organizing, union recognition, collective bargaining and workplace governance in a union context. The course will also emphasize the role of the NLRA in the non-union workplace, addressing such issues as the right to speak out at work (and limits thereon), and the rights of employees to engage in other concerted activity to advance their interests. Finally, the course will address the issue of arbitration of employment disputes in both the union and non-union workplace. Elements used in grading: Class Participation, Written Assignments.
Terms: Spr
| Units: 2
LAW 302:
Advanced Topics in Federalism
This seminar will deal with a variety of legal issues arising out of our federal system. The goal is to go beyond well-worn debates about Congress's enumerated powers and look at a series of more intricate legal problems. The first part of the course will examine several discrete issues about the relationship of states to federal institutions, such as whether states have any reserved rights under the Tenth Amendment, and what relationship states have to federal courts. The second part of the course will look at "horizontal" federalism--i.e., relations between the states themselves. The final part of the course will reflect on the bigger picture--what purposes, if any, is federalism supposed to serve, and which of these doctrines, if any, serve them well?
Last offered: Winter 2013
| Units: 2-3
LAW 303:
Teaching and Learning in Higher Education
This course is co-taught by Thomas Ehrlich, former dean of the Law School and now Consulting Professor at the Graduate School of Education and Mariatte Denman, Director of Educational Programs at the Office of the Vice Provost for Teaching and Learning (VPTL). It provides students from many disciplines throughout the university opportunities to gain the knowledge and skills needed to be effective teachers. Students watch and interview master teachers at Stanford, learn a range of effective pedagogical methods, and prepare a syllabus module for a workshop or class they might teach. They have an opportunity to practice teach in a supportive environment and gain feedback on their teaching. Elements used in grading: Class Participation, Written Assignments, Final Course or Workshop Syllabus Module. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline. Cross-listed with The Vice Provost for Teaching and Learning (VPTL 297) and Education (EDUC 297).
Terms: Win
| Units: 3
LAW 304:
Law and the Rhetorical Tradition
(Same as PWR 194.) The rhetorical underpinnings of legal argument. Elements of the rhetorical tradition; how to analyze written and oral legal and non-legal texts with an eye to the use and function of rhetorical principles. How form and content are mutually constitutive. Understanding of rhetoric as readers and interpreters of legal texts and development of skills as writers and speakers.
Last offered: Winter 2009
| Units: 3
LAW 304:
Law and the Rhetorical Tradition
In this interdisciplinary seminar we will explore the rhetorical underpinnings of legal argument. In the first half of the course, we will acquaint ourselves with relevant elements of the rhetorical tradition. In the second half, we will analyze a variety of legal texts (both written and oral) with an eye to the use and function of rhetorical principles, as well as the ways form and content are mutually constitutive. This course aims both to increase students' understanding of rhetoric as readers and interpreters of legal texts and to develop students' skills as writers and speakers. Students will be expected to participate in class discussion in addition to completing a series of writing assignments including the rhetorical analysis of legal and non-legal texts and the revision of students' legal writing. Special Instructions: This course can satisfy the Research "R" requirement. The instructor and the student must agree whether the student will receive "R" credit. For "R" credit, the paper is substantial and is based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, assignments, final paper. Automatic grading penalty waived for writers.
Terms: Win
| Units: 3
LAW 307:
Gender, Law, and Public Policy
Topics in this course will include equal protection standards, employment, family, reproductive rights, sexual harassment, rape, domestic violence, pornography, sexual orientation, diversity in the profession, feminist legal theory, international human rights, and intersections with race, ethnicity, class, and sexual orientation. Materials will include cases, commentary, problems, and media portrayals. Special Instructions: Course requirements will include class participation and either (1) a long paper, which will satisfy the research requirement or (2) short weekly reflection papers on the assigned readings, and a short final research paper. Students writing reflection papers will form teams and each member will be responsible for writing comments on one classmate's paper each week. There will be no final examination. A maximum of 10 students will be permitted to write the long paper for R credit. All students interested in R credit should pre-register by lottery for Law 307-0-02. Students who do not receive a spot in section 02 may enroll in section 01. Open to students from other schools with the consent of the instructor. To apply for this course, non-Law students must complete a Non-Law Student Course Add Request Form available on the SLS Registrar's Office website (Click Registration and then click Non-Law Students). Elements used in grading: Class participation, attendance, reflection papers, and final paper.
Terms: Spr
| Units: 3
LAW 307:
Gender, Law, and Public Policy
Open to non-Law students with consent of instructor. Topics include equal protection standards, employment, reproductive rights, sexual harassment, rape, domestic violence, pornography, sexual orientation, feminist legal theory, and the family. (Semester schedule.)
Last offered: Winter 2009
| Units: 3
LAW 308:
Cultural Heritage Law and Policy
Preference to students who have taken LAW 236 or comparable preparation. Seminar. Focus is on national and international attention to law and policy concerning works of art, antiques, architectural monuments, archives, and intangible cultural heritage. Research paper.
Last offered: Autumn 2008
| Units: 2
LAW 310:
Protecting Workers' Rights in Hard Times
Workplace law is at a difficult crossroads. With high unemployment, violations of labor laws widespread, and unionization at an all-time low, promoting workers' rights poses unprecedented challenges. This seminar will explore, in turn, a variety of pressing issues confronting worker advocates and policymakers. Through analysis of academic and non-academic readings, and candid conversations with attorneys and officials in the trenches, we will evaluate the contours of each problem and consider a variety of solutions that have been attempted or proposed. We will consider statutory and common-law reforms, as well as the quality of enforcement, new regulatory approaches, and private/nonprofit-sector initiatives. Among the topics to be explored are the ¿fissuring¿ of employment relationships through outsourcing, franchising, reliance on independent contractors, and the like; the prevalence of wage theft; the difficulties of redressing more subtle forms of workplace discrimination; the decline of private-sector unionization and the attack on public-sector unions; the precarious legal status of undocumented workers; the regulatory challenges involved in protecting workers' safety and health; and the proliferating contractual bans on workers' ability to pursue class actions and court adjudication. The course format will combine lecture, group discussions and guest presentations. Although there are no formal prerequisites, prior experience and/or coursework in at least one workplace-related field such as employment law, employment discrimination law, or labor law is recommended.
Last offered: Spring 2013
| Units: 2-3
LAW 311:
Comparative Law
The big question in comparative law today - and one that is of key importance to anyone interested in international law - is whether we are currently witnessing a convergence of national legal systems. This course examines this question, as well as the related problem of American exceptionalism, by exploring key aspects of contemporary Western European legal systems. We will study a range of legal institutions and practices, including such topics as legal education, the role of judges and judging, constitutional courts and judicial review, criminal procedure and punishment, and the rise and regulation of consumer culture. In contrast to the traditional comparative law course, we will also devote substantial time to such pressing public-law questions as racial equality and affirmative action, gender equality and sexual harassment, and church-state relations. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and exam or research paper.
Terms: Win
| Units: 3
LAW 311:
Comparative Law
Issues of convergence of national legal systems, and American exceptionalism. Sources include contemporary Western European legal systems. Legal education, the role of judges and judging, the function and meaning of codes versus precedent, private law/public law distinction, constitutional courts, judicial review, and approaches to contract. Public law questions on racial equality and affirmative action, gender equality and sexual harassment, citizenship, and church and state.
Last offered: Winter 2009
| Units: 2
LAW 312:
Criminal Procedure: Investigation
The law school offers two survey courses dealing with constitutional criminal procedure. "Criminal Adjudication" covers the formal pretrial and trial processes, including the right of counsel, prosecutorial charging criteria, grand juries, bail, speedy trial, discovery, plea bargaining, trial by jury, and double jeopardy. This course, "Criminal Investigation," covers police investigation in the form of searches and seizures, interrogations, lineups, and undercover operations, and hence examines the Fourth and Fifth (and, to a limited extent, the Sixth) Amendment rules regulating the police in these endeavors. It also incorporates some of the federal laws governing electronic communications and privacy. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.) Elements used in grading: Final exam (in-school, open book), plus small adjustments for exceptional class participation.
Terms: Aut
| Units: 4
LAW 315:
Criminal Procedure: Adjudication
The Law School offers two survey courses dealing with constitutional criminal procedure. "Criminal Investigation" will consider questions that arise under the fourth, fifth, and sixth amendments regarding investigations, interrogations, and charging decisions. This course, "Criminal Adjudication," will look at the way the judicial system handles criminal cases. Topics will include the right to counsel (and the concomitant right to "effective assistance" of counsel), prosecutorial discretion and plea bargaining, joinder and severance, discovery, the right to jury trial, double jeopardy, sentencing, and appellate review. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.) Elements used in grading: Attendance, participation and final exam. Small grade adjustments will be made for exceptional class participation.
Terms: Spr
| Units: 4
LAW 317:
Criminal Trial Juries
This seminar, which is taught by a local state court judge who has also served as an Assistant United States Attorney and law professor, examines the criminal trial jury from both a practical and theoretical perspective. The course will consider the history of the criminal jury trial, legal and strategic considerations in jury selection, jurors' ability to act as fact-finders, rules protecting jury deliberations, the consequences of juror misconduct, and juries and the death penalty. Students will observe portions of actual jury trials occurring in local courthouses. They will also examine legal decisions, theoretical critiques, and empirical research about the jury. Class discussion will consider the practical challenges for lawyers and judges posed by jury trials. This course will combine a one-hour seminar with a mandatory two-hour per week "practicum" involving time spent at court. Elements used in grading: Class participation and a final research paper.
Terms: Aut
| Units: 3
LAW 318:
History of American Law
(Same as HISTORY 352B). Modern history of American law, legal thought, legal institutions and the legal profession. Topics include law and regulation of corporate organizations and labor relations in the age of enterprise, law of race relations in the South and North, development of classical legalism, critiques of classical legalism, modern administrative state, organized legal profession, New Deal legal thought and legislation, legal order of the 50s, expansion of enterprise liability, civil rights movements from 1940, rights revolution of the Warren Court and Great Society. (Semester schedule.)
Last offered: Winter 2009
| Units: 3
LAW 318:
History of American Law
This course examines the growth and development of American legal institutions with particular attention to crime and punishment, slavery and race relations, the role of law in developing the economy, and the place of lawyers in American society, from colonial times to the present. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Final exam or paper. Automatic grading penalty waived for writers. Cross-listed with History (HISTORY 152 - Consent of instructor required) & (HISTORY 352B).
Terms: Win
| Units: 3
LAW 319:
Legislation
Lawyers work in a legal system largely defined by statutes, and constantly shaped by the application of legislative power. This course is about statutes and the legislative institutions that create them. It discusses some of the key laws governing access to legislative power and the procedures that culminate in the production of statutes in the legislature. The course is divided into two parts. The first part will focus on the acquisition of legislative power. Key topics include bribery laws, lobbying and indirect influence on legislative activity, and campaign finance regulations. The second part will focus on the exercise of legislative power. Through a number of public policy case studies, students will better understand the organization of the U.S. Congress, the ways in which power is exercised in that institution, and the intersection between politics, the law, and policymaking. Elements used in grading: Class participation and final exam. (Cross-listed with PUBLPOL 319)
Last offered: Spring 2015
| Units: 3
LAW 321:
Patent Prosecution
This skill-based course examines the core requirements and strategies for drafting and prosecuting a patent application before the U.S. Patent & Trademark Office (US PTO). The class brings in real inventors and US PTO patent examiners to give students a real-world experience of developing a patent, understanding patentability and building patent portfolios, and getting a patent application prosecuted through the patent office. Students will interact with real inventors and US PTO examiners to gain the experience of getting a patent issued -- through interactions with an inventor to develop an idea and draft a patent application, responding to rejections and office actions from the US PTO after filing the patent application, through interactions with a US PTO examiner to interview the office action and getting the application issued. This course is open to people with technical or non-technical backgrounds -- all you require is an interest in patent law. A solid understanding of patent claims and internal mechanics (which this class focuses on) will be very helpful experience and background for law students interested in pursuing a career in any form of IP/patent litigation or transactional (prosecution, licensing, etc.) practice. Elements used in grading: Students are evaluated on participation, in-class and take-home exercises, projects relating to the drafting and prosecution of a patent application.
Terms: Win
| Units: 2
LAW 321:
Patent Prosecution
(Same as ME 238.) Stages of the patent application process: identifying, capturing, and evaluating inventions; performing a patentability investigation, analyzing the documents, and the scope of the patent protection; composing claims that broadly cover the invention; creating a specification that supports the claims; filing a patent application with the U.S. Patent and Trademark Office; and analyzing an office action and preparing an appropriate response. Current rules and case law. Strategic decisions within each stage, such as: how a patent application advances the patent portfolio; and in what countries a patent application should be filed.
Last offered: Winter 2009
| Units: 1
LAW 322:
Patent Litigation Workshop
This course simulates the strategy and pretrial preparation of a patent lawsuit. The course materials include information typical to a patent lawsuit: a patent, file history, prior art, and information regarding the accused product. Students will represent either the patentee or the accused infringer. Students will plan litigation strategy, meet with and advise a client, conduct written discovery, take and defend depositions, and brief and argue claim construction and motions for summary judgment. Some knowledge of patent law is presumed. Special Instructions: IP: Patents (Law 326) is a prerequisite for this course, but can be taken coterminously. Students must attend the first class session (or contact the instructor) or they will be dropped from the class or waitlist. Elements used in grading: Attendance, participation, writing assignments, exercises and oral arguments. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Spring 2015
| Units: 3
LAW 322:
Patent Litigation Workshop
Simulations of the strategy and pretrial preparation of a patent lawsuit. Materials include information typical to a patent lawsuit: a patent, file history, prior art, and information regarding the accused product. Students represent either the patentee or the accused infringer. Students plan litigation strategy, meet with and advise a client, conduct written discovery, take and defend depositions, and brief and argue claim construction and motions for summary judgment. Some knowledge of patent law is presumed. Pre- or corequisite: LAW 326.
Last offered: Winter 2009
| Units: 3
LAW 323:
Cross-Border Mergers and Acquisitions
The course will explore the complexities of cross-border mergers and acquisitions, with a particular focus on transatlantic and other international public M&A transactions. The subject-matter provides an opportunity to tie together different bodies of law relevant to M&A (corporate, contracts, securities, antitrust and other regulatory fields) and to confront the US, European, and emerging markets legal, business, and cultural environments in a deal-oriented context, including case studies of major transactions. We will go over the business and legal framework of cross-border M&A, deal-making strategies, transaction structures and key deal considerations, and explore the content of cross-border M&A agreements. Regulatory matters, deal risk management and hostile takeovers will also be addressed, as well as the broader policy and cross-cultural considerations underlying global M&A practice. International guest speakers will be invited to share their experience. The course will aim to provide students with a broad understanding of the legal and business aspects of major cross-border M&A transactions. This is an interactive, primarily practice-oriented course requiring active student participation. Special Instructions: Corporations recommended but not required. This course is open to GSB students with permission of the instructor. Elements used in grading: Class participation, oral presentations, contractual practice exercise, and final exam.
Terms: Spr
| Units: 3
LAW 324:
Intellectual Property: Copyright
Copyright law is the engine behind not only such traditional entertainment and information industries as music, book publishing, news and motion pictures, but also software, video games and other digital products. This course examines all aspects of copyright law and practice, as well as the business and policy challenges and opportunities that the Internet and other new technologies present for the exploitation of copyrighted works. There are no prerequisites for this class. Elements used in grading: Final Exam (In-School, open book).
Terms: Aut
| Units: 3
LAW 325:
The Role of the Modern General Counsel
(Same as GSBGEN 544) The news is filled with reports of one corporate crisis after another - names like BP, Goldman Sachs, Bank of America, AIG, Siemens, Toyota, and issues like backdating, bribery, antitrust violations, insider trading, procurement fraud, health and safety violations, consumer class actions and the like. And often the cry is heard - where are the lawyers? This course explores the evolution of the role of the general counsel in major American public companies and, more broadly, the expanding role of in-house counsel. These are the lawyers in the trenches, on the front lines of American businesses. Each week, we'll review another dimension of the general counsel's job. We'll consider how general counsel today play an important role on the executive team of major companies and explore the different ways in which general counsels manage large corporate legal departments and direct functional legal areas like litigation, IP, corporate and securities, M&A, environmental and employment law. We will also examine the professional responsibilities and legal obligations of the general counsel -- including the delicate and sometimes conflicting reporting relationships to the CEO and the board of directors -- and consider how an in-house legal department fits into a corporation's organizational structure and how it supports the company's operating units on a day-to-day basis. We will explore the general counsel's role in internal investigations, regulatory investigations and compliance programs, and governmental affairs. We will also consider current practices in how in-house lawyers select, collaborate with and evaluate outside counsel. The class will meet weekly and we will invite current and former general counsels to join us occasionally for our discussions. Each student will be expected to participate actively in class discussions, and will be required to complete two projects, each in collaboration with three other students and submitted as a team, presenting how the team would address a complex set of legal and business issues.
Last offered: Winter 2013
| Units: 2
LAW 325:
Comparative and International Employment Discrimination
Comparison of laws prohibiting employment discrimination in the U.S. with those of other countries. Differences between regimes in social context; how differing histories, demographics, economic institutions, and political commitments have produced various approaches to employment discrimination. How and why laws prohibiting discrimination have become widespread, looking to international and local influences. Prerequisite: LAW 349 or consent of instructor.
| Units: 3
LAW 326:
Intellectual Property: Patents
Major aspects of patent law, primarily as applied in the US; patentability, including novelty, nonobviousness, enablement, infringement, and remedies. Focus is on essential legal principles and a policy analysis of the patent system. Goal is to provide background for non-patent specialists and those planning a career in the field.
Last offered: Autumn 2008
| Units: 3
LAW 326:
Intellectual Property: Patents
In this course we cover the major aspects of patent law, primarily as applied in the United States: patentability, including novelty, nonobviousness, and enablement; infringement; and remedies. The emphasis is on essential legal principles and a policy analysis of the patent system. The course is designed to be useful both as solid background for non-patent-specialists and for those planning a career in the field. Introduction to Intellectual Property or consent of the instructor is a prerequisite for this course. No technical background is required. Elements used in grading: Class participation and final exam.
Terms: Aut
| Units: 3
LAW 327:
Introduction to Organizational Behavior
Why are some organizations more successful than others? Is it their emphasis on innovation and risk taking? Their founders' eccentric and visionary personalities? Or perhaps their bureaucratic discipline and effectiveness? We will explore these questions by reviewing existing theory and research on organizational problems in a number of areas including: individual motivation and behavior; decision making and leadership; interpersonal and intergroup communication, influence and conflict; organizational culture; and inter-organizational competition and cooperation. The course focuses on the reasons for organizational founding and failure, the variety of organizational forms and the ways in which organizations and their members affect one another. You will participate in a number of group exercises to illustrate the theoretical and practical implications of addressing organizational problems and increasing overall performance. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Last offered: Winter 2015
| Units: 3
LAW 328:
Intellectual Property: Advanced Patents
This is an advanced seminar, open only to those who have taken patent law. We will discuss current cases, as well as some issues not covered in the basic class. We will also focus on current efforts to reform the patent system. Students will write and present a research paper on a patent law topic.
Last offered: Spring 2013
| Units: 3
LAW 329:
Intellectual Property: International
Music, motion pictures, even books travel instantaneously around the globe. So do patented inventions; so do brands and trademarks. Copyright and trademark licenses increasingly take foreign exploitation into account. Litigation over an important patented invention often proceeds on several foreign fronts. No lawyer practicing intellectual property law today can afford to overlook the substantive and procedural differences that separate one country's law from another's. This course will focus on the counseling considerations that surround the exploitation of intellectual properties in domestic and foreign markets through licensing, litigation, or both. The course will survey the principal legal systems and international treaty arrangements for copyright, patent, trademark and neighboring rights, as well as questions of jurisdiction, territoriality, national treatment and choice of law.
Last offered: Winter 2014
| Units: 3
LAW 330:
International Human Rights
Contemporary system of international human rights, including civil, political, social, and economic rights. Women's and children's rights, indigenous rights, rights to democratic governance, and rights to cultural practices that differ from Western notions of human rights. Structure and role of international, regional and domestic bodies that report and adjudicate human rights claims. Normative justifications for human rights, and the challenges to these justifications posed by arguments for cultural relativism, and the forces of globalization. Recommended: international public law or equivalent.
Last offered: Winter 2009
| Units: 3
LAW 330:
International Human Rights
This course examines the law of international human rights, analyzing various categories of rights, from civil and political human rights, to social and economic human rights, to group and collective rights. It studies the structure and processes of international and regional courts that adjudicate human rights claims and international treaty bodies that report on State human rights action. It explores debates about the normative justifications for human rights, and whether and how these debates impact upon the application and enforcement of human rights. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; exam or final long research paper.
Terms: Spr
| Units: 3
LAW 331:
Intellectual Property: Strategy for Technology Companies
This course focuses on the actual day-to-day intellectual property issues faced by a technology-based company. Each class will cover a different aspect of an intellectual property practice, covering such topics as the establishment of a patent program, trade secret management, intellectual property licensing, the intellectual property issues arising during M&A transactions and strategic alliances, patent litigation, and managing open source software. The emphasis in each class will be on case studies, guest speakers, and interactive exercises designed to simulate scenarios commonly faced by an intellectual property attorney, including the negotiation of patent cross licenses, the drafting of intellectual property representations and warranties, the generation of intellectual property disclosure and licensing policies, and the identification and prioritization of patentable inventions. Prerequisite: Basic familiarity with patent law is strongly recommended for this course. If necessary, Intellectual Property: Patents can be taken concurrently. Elements used in grading: Class participation and written assignments.
Last offered: Autumn 2014
| Units: 3
LAW 332:
International Development
Current research. How political institutions determine economic policy choices, and economic structures affect political processes. Bridges theory and practice to investigate micro- and macro-level political and economic processes shaping the prospects for development. Case studies on market function, why seemingly inefficient institutions survive, and why governments adopt policies detrimental to development. Topics include: the political economy of corruption, the role of foreign aid, the efficacy of governance reforms, and the relationship between democracy and development.
| Units: 3
LAW 333:
Judgment and Decision Making
(Same as PUBLPOL 205A, IPS 207A.) Theories and research on heuristics and biases in human inference, judgement, and decision making. Experimental and theoretical work in prospect theory emphasizing loss and risk aversion. Support theory. Challenges that psychology offers to the rationalist expected utility model; attempts to meet this challenge through integration with modern behavioral economics. Decision making biases and phenomena of special relevance to public policy such as group polarization, group think, and collective action. Prerequisites.
Last offered: Winter 2009
| Units: 3
LAW 333:
Problem Solving and Decision Making for Public Policy and Social Change
This course introduces skills and bodies of knowledge useful for careers in law, public policy, and achieving social change at scale. These include framing problems; designing, implementing, and evaluating strategies; system design; cost-benefit analysis; decision making under uncertainty; heuristics and biases that affect empirical judgments and decision making; methods for influencing people's behavior ranging from incentives and penalties to "nudges;" and human-centered design. The course will be taught through problems, cases, and a field project to solve real-world problems on or near the Stanford campus, with the goal of integrating strategic thinking and behavioral insights with human-centered design and systems design. The course may be of interest to students in Law and Policy Lab practicums who wish to broaden their policy analysis skills. Enrollment: Limited to 32 students, with priority given to students in Law School, the MPP program, and the IPS program in that order. Students other than law students must seek the consent of the instructor. Elements used in grading: Class participation, midterm assignment, and final assignment. Cross-listed with International Policy Studies (IPS 207A) & Public Policy (PUBLPOL 305A).
Terms: Win
| Units: 4
LAW 334:
International Criminal Law
The roots of modern international criminal law can be traced to the Nuremburg and Tokyo war crimes trials held after World War II. Since the establishment by the Security Council of the United Nations established the International Criminal Tribunal for the former Yugoslavia twenty years ago, the field has experienced remarkable growth. The international community has created a range of new international criminal tribunals to investigate and prosecute international crimes. National courts are now also exercising an expanded domestic and universal criminal jurisdiction over international or transnational crimes. The substantive criminal law has also expanded, and notions of individual responsibility for international crimes have evolved and extend the reach of international criminal law. At the same time, new debates have emerged about the suitability of using criminal justice mechanisms to respond to mass atrocity situations. nnThis course will explore legal and institutional responses to transnational and international crime. It will examine traditional forms of international cooperation to address transnational crimes and the concept of universal jurisdiction that provides a basis for treating certain crimes as "international." It will cover the range of institutions created to punish international criminals, including the Nuremburg and Tokyo tribunals, the ad hoc tribunals for the former Yugoslavia and Rwanda, the "mixed" international/domestic tribunals such as the Special Court for Sierra Leone, the Cambodia war crimes tribunal, the Special Tribunal for Lebanon. As these tribunals approach the end of their mandates, the International Criminal Court is assuming greater importance. The progress of the ICC will be considered and, so too, the role of the United States in all of these developments. Alternative institutional arrangements and options for responding to international crimes, such as truth commissions and amnesties will also be examined. nnThe course will also include: (1) the moral and political goals that motivate responses to international crimes; (2) the role of international politics and foreign policy considerations in shaping responses to international crimes; (3) the suitability of different institutional models for addressing international crimes. nnThe grade for this course will be based on a final research paper of 26 pages, double spaced. The topic should relate to a subject covered directly or indirectly by the syllabus or readings.nnElements used in grading: Class participation and final paper.
Last offered: Autumn 2013
| Units: 3
LAW 335:
Legal Ethics
This course introduces students to the goals, rules and responsibilities of the American legal profession and its members. The course is designed around the premise that the subject of professional responsibility is the single most relevant to students' future careers as members of the bar. These issues come up on a constant basis and it is critical that lawyers be alert to spotting them when they arise and be educated in the methods of resolving them. As such, the course will address many of the most commonly recurring issues that arise, such as confidentiality, conflicts of interest, candor to the courts and others, the role of the attorney as counselor, the structure of the attorney-client relationship, issues around billing, the tension between "cause lawyering" and individual representation, and lawyers' duty to serve the underrepresented. In addition, we will delve into some more personal ethical issues that reflect on why students have chosen law as a profession and how lawyers compose careers that promote or frustrate those goals. Special Instructions: Grades will be based on the final examination, which will be part essay and part objective. The instructor retains the right to take class participation into account. Attendance is mandatory. Elements used in grading: Class participation, attendance and final examination.
Terms: Aut
| Units: 3
LAW 335:
Legal Ethics
This course will explore issues involving professional responsibility. Topics will include the role of advocates, the adversary system, the conditions of practice, diversity, candor, and confidentiality, conflicts of interest, lawyer- client relationships, regulatory structures, access to justice, pro bono service, and legal education. Special Instructions: Grades will be based on class participation and (1) short reflection essays on the readings and a short research paper or (2) a long paper. A maximum of 10 students will be permitted to write the long paper for R credit. After the term begins, 10 students can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. If more than 10 students apply to write a long paper for R credit, a lottery will be run to determine the 10 students accepted in section (02). This class is designated as fulfilling the Ethics requirement (and the R requirement with instructor consent). Elements used in grading: Attendance, class participation, short reflection essays on the readings and short research paper.
Terms: Win
| Units: 3
LAW 336:
Real Estate Transactions and Commercial Development
Real Estate Transactions and Commercial Development examines the structuring, negotiation and documentation of commercial real estate transactions. Working both individually and in groups, students will learn the requisite skills for drafting and negotiation leases, letters of intent, sale contracts and related financing documents. As time permits, development-related matters will be explored, including the legal aspects of site acquisition, design and construction. Classes will be a mixture of lectures, interactive discussions, and several mock negotiations. Elements used in grading will include Class attendance, individual and group project participation, and written assignments.
Terms: Aut
| Units: 3
LAW 337:
Intellectual Property: Trademark and Unfair Competition Law
This course will consider the protection and enforcement of trademarks and related state rights in brands and names, including the right of publicity. There is no prerequisite, though some students will have taken Introduction to Intellectual Property. Elements used in grading: Class Participation, Exam (Open-book take-home).
Terms: Win
| Units: 3
LAW 338:
Land Use
This course focuses on the pragmatic (rather than theoretical) aspects of contemporary land use law and policy, including: nuisance as a land use tool and foundation for modern land use law; use and abuse of the "police power" (the legal basis for land use control); zoning flexibility; vested property rights, development agreements, and takings; redevelopment; growth control; and direct democracy. We explore how land use decisions affect environmental quality and how land use decision-making addresses environmental impacts. Special Instructions: All graduate students from other departments are encouraged to enroll, and no pre-requisites apply. Student participation is essential. Roughly two-thirds of the class time will involve a combination of lecture and classroom discussion. The remaining time will engage students in case studies based on actual land use issues and disputes. Elements used in grading: Attendance, class participation, writing assignments, and final exam. This course is cross-listed with Earth Systems 238.
Last offered: Spring 2014
| Units: 3
LAW 339:
Employment Law
Workplace issues have become one of the fastest-growing areas of state and federal law. Employment-related lawsuits filed in federal court have tripled in volume in the past decade, and now account for a tenth of all civil cases. Many state courts have experienced a similar burgeoning of their employment law caseloads. This course examines this diverse, rewarding, and rapidly evolving area of legal practice by considering the diverse array of laws and institutions that regulate the employment relationship. The substantive focus of the course is on laws that affect employees in non-unionized settings, such as protections against dismissal without cause, wage and hour restrictions, workplace privacy, covenants not to compete, and mandatory arbitration of employment disputes. The course does not cover either Employment Discrimination or Labor Law, both of which are offered as separate courses. The pedagogic approach is to ask students to work through problems, on your own and in small groups in class, where you have to generate and evaluate options to counsel clients on workplace-law issues. Special Instructions: Early Add/Drop Deadline: Add/Drop decisions must be made the first week of class. Exceptions are at the instructor's discretion and will be considered on a case-by-case basis. No laptops in class, except when designated by instructor. Students enrolled in Employment Law have the option to concurrently enroll in Advanced Legal Research: Employment Law (Law 339A) for one unit. See Law 339A course description for details. Elements used in grading: Class participation (30%), two 5-7 page (single-spaced) memos involving research, one due mid-quarter and one due at the end of the quarter (35% each). No final.
Terms: Aut
| Units: 2
LAW 339A:
Advanced Legal Research: Employment Law
This research module would help students develop strategies for evaluating possible courses of action in workplace law. Students will be asked to complete three assignments designed to help comprehensively research and analyze workplace law issues. The first two assignments will be undertaken in conjunction with the first memo assigned in Employment Law, and the third with the second memo. Students in Employment Law are strongly encouraged to take this module though it is not required, and current enrollment in Employment Law is necessary. The work will all be out of class, but the instructors will be available to meet with students individually to go over their research plans and offer feedback. Prerequisite: Concurrently taking Employment Law (Law 339). Elements used in grading: Written Assignments.
Terms: Aut
| Units: 1
LAW 340:
Comparative Corporate Capitalism
Forms of corporate ownership and control vary widely from one country to another.The type of corporate capitalism based on widely distributed share ownership that is found in the United States, and that is the usual subject of law school corporate law and corporate governance courses, is in fact an outlier. For example, in most countries public corporations have a controlling shareholder. In this seminar we'll examine the organization of enterprise in a range of both developed and developing countries to the end of understanding their variety, including the influence of a country's political governance. As part of this exercise, we'll look at the ways in which organizations and organizational law have evolved in different countries, and we'll speculate on the directions in which they'll continue to evolve in the future. Finally, we'll address the relationship between forms of capitalism and economic development. Students will do a series of short weekly papers on the readings.nElements used in grading: Series of short weekly papers.
Last offered: Winter 2014
| Units: 2
LAW 343:
Intellectual Property: Scientific Evidence in Patent Litigation
(Same as GENE 243). This seminar will explore the role of scientific experts in patent infringement litigation. The class will have a mix of law students and doctoral candidates from the sciences and engineering. The law students must have some familiarity with United States patent law from classes or work experience. The graduate students must have completed their required coursework and have TGR status. In other areas of the law where scientific experts are used -- medical malpractice, environmental law, criminal law -- the science itself is often in dispute. In patent cases, however, the parties generally agree on the science. This affects the relationship between the lawyer and the expert and the substantive content of their interactions. Patent experts need to be able to explain science to the judge and jury, of course. But they also must help the litigators to choose which legal issues to press and which to concede, and to be aware of how the complications of the science might help, hurt, obscure or reveal how the law should be applied to the facts. Thus, both the lawyer and the scientist must educate the other about their specialties.nnFor the first several weeks, the class will examine judicial decisions and trial documents involving scientific evidence in patent litigation. The rest of the quarter is largely devoted to work on the final projects: simulations of expert testimony in a patent case. Students will work together in teams an will meet regularly with the instructor in order to: select suitable patents; identify a balanced issue on either validity or infringement; prepare claim charts and materials for testimony; and give short, illustrated talks to inform their classmates about their projects. Finally, they will choose sides (patent owner or accused infringer) and finetune their presentations. The simulations will be performed at the end of the quarter before panels of practicing patent lawyers.
Last offered: Spring 2013
| Units: 3
LAW 343:
Scientific Evidence and Expert Testimony: Patent Litigation
How to explain science to judge and jury; how litigators determine which legal issues to argue. Patent and expert testimony law. Student teams choose patents for final simulation projects, prepare claim charts, devise a design-around, and present oral arguments.
Last offered: Autumn 2008
| Units: 3
LAW 344:
Law and Economics Seminar I
Current research by lawyers and economists on topics in law and economics. Guest speakers. Topics may include contribution among antitrust defendants, the philosophical foundations of the economic analysis of law, compensation for government regulations and takings, liability rules for controlling accidents, and the corporate tax treatment of nonprofit institutions. Prerequisite: LAW 275 or introductory microeconomics course.
Last offered: Autumn 2008
| Units: 2
| Repeatable
2 times
(up to 6 units total)
LAW 344:
Law and Economics Seminar I
This seminar will examine current research by lawyers and economists on a variety of topics in law and economics. Several sessions of the seminar will consist of an invited speaker, usually from another university, who will discuss his or her current research. Representative of these sessions have been discussions of compensation for government regulations and takings, liability rules for controlling accidents, the definition of markets in antitrust analysis, the role of the government as a controlling shareholder, and optimal drug patent length. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a law and economics topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. (You may write a single longer paper for two quarters if you enroll in the Seminar in the Winter as well.) Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit, depending on the paper length. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. There is no formal economics prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in economics. Students may take both Law and Economics Seminar I and Law and Economics Seminar II in either order (neither is a prerequisite for the other). This seminar is cross-listed with the Economics Department (same as Econ 354). Elements used in grading: Four commentaries or one research paper. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 2-3
LAW 344:
Law and Economics Seminar II
This seminar will examine current research by lawyers and economists on a variety of topics in law and economics. Several sessions of the seminar will consist of an invited speaker, usually from another university, who will discuss his or her current research. Representative of these sessions have been discussions of compensation for government regulations and takings, liability rules for controlling accidents, the definition of markets in antitrust analysis, the role of the government as a controlling shareholder, and optimal drug patent length. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a law and economics topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. (You may write a single longer paper for two quarters if you enroll in the Seminar in the Autumn as well.) Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit, depending on the paper length. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. There is no formal economics prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in economics. Students may take both Law and Economics Seminar I and Law and Economics Seminar II in either order (neither is a prerequisite for the other). CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline. Elements used in grading: Four commentaries or one research paper. Cross-listed with Economics (ECON 354).
Terms: Win
| Units: 2-3
LAW 344:
Law and Economics Seminar II
Current research by lawyers and economists on topics in law and economics. Guest speakers from other universities present current research. Topics include contribution among antitrust defendants, the philosophical foundations of the economic analysis of law, compensation for government regulations and takings, liability rules for controlling accidents, and the corporate tax treatment of nonprofit institutions.
Last offered: Winter 2009
| Units: 2
LAW 345:
Law and Culture in American Fiction
This seminar examines the way literary texts register changes in property law, the law of contracts, intellectual property and legal constructions of race, gender, and privacy, especially as they relate to the maintenance of personal identity, community stability, and linguistic meaning. The terms and stakes of these relationships will inform our readings of the texts themselves, as well as our understanding of their representations of law. The writers whose work we will consider include James Fenimore Cooper, Herman Melville, Henry James, Nella Larsen, Willa Cather, William Faulkner, and Sherman Alexie. Each week, a novel or story will be paired with relevant legal and historical readings. We will also consider the points of contact between literary narrative and narrative in law. English Department cognate course. Special instructions: Course requirements include class attendance and participation, three short response papers, and two longer papers. For Research "R" credit, students may petition to complete one long paper based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, written assignments and final paper. Automatic grading penalty waived for writers.
Terms: Aut
| Units: 3
LAW 345:
Law and Culture in American Fiction
How literary texts register changes in property law, the law of contracts, intellectual property and legal constructions of race, gender, and privacy, as they relate to the maintenance of personal identity, community stability, and linguistic meaning. A novel or story is paired with relevant legal and historical readings, considering the points of contact between literary narrative and narrative in law. Authors include James Fenimore Cooper, Herman Melville, Henry James, Theodore Dreiser, Nella Larsen, William Faulkner, and Sherman Alexie.
Last offered: Autumn 2008
| Units: 3
LAW 347:
Law and Culture in American Film
In this course we will attend to representations of law in 20th century American film - particularly Westerns, gangster films, and courtroom dramas. The themes we will address include: the asymmetry of law and justice, the relationship between law and social change, the public and private identities of lawyers, anxiety that the rule of law fails individuals and minorities, and the disciplinary modes of both law and culture. We will also attend to the convergence of narrative, visual, aural, and dramatic practices in legal proceedings and cinematic productions.nSpecial instructions: Course requirements include class attendance and participation, three short response papers, and two longer papers. For Research "R" credit, students must complete one long paper based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.nElements used in grading: Class participation, attendance, assignments, final paper.nAutomatic grading penalty waived for writers. This course is open to first year Law School students. Writing (W) credit is for 3Ls only.
Last offered: Winter 2014
| Units: 3
LAW 348:
Health Law: Finance and Insurance
This course provides the legal, institutional, and economic background necessary to understand the financing and production of health services in the U.S. We will discuss the Affordable Care Act , health insurance (Medicare and Medicaid, employer-sponsored insurance, the uninsured), the approval process and IP protection for pharmaceuticals, and antitrust policy. We may discuss obesity and wellness, regulation of fraud and abuse, and medical malpractice. The syllabus for this course can be found at https://syllabus.stanford.edu. Elements used in grading: Participation, attendance, class presentation, and final exam. Cross-listed with Graduate School of Business (MGTECON 331), Health Research & Policy (HRP 391) & Public Policy (PUBLPOL 231).
Terms: Win
| Units: 3
LAW 349:
Employment Discrimination
This course will examine legal responses to the barriers to workplace equality that are faced by minority groups. The course will survey the relevant doctrine, focusing primarily on federal employment discrimination statutes, but also addressing more expansive antidiscrimination protections under some state statutes, and local ordinances. Covered topics include sexual and racial harassment, sexual orientation discrimination, and affirmative interventions aimed at increasing the minority group and/or female representation in certain job categories or segments of the labor market. In addition to surveying the doctrine as it stands and as it has developed over time, we will also explore the doctrinal and conceptual difficulties inherent in identifying invidious discrimination and in devising appropriate remedies. Elements used in grading: Class participation and exam.
Last offered: Spring 2015
| Units: 3
LAW 351:
Corporate Income Taxation
This course is an intensive introduction to the federal income taxation of large American business corporations. As a result, it does not touch on the taxation of partnerships or S corporations, which are the tax-preferred forms for many privately-held business enterprises and investment funds. The course reviews the tax considerations relevant to each stage in the life cycle of a corporation, but emphasizes business acquisitions and divestitures. The instructor makes special efforts to relate classroom topics to current public deals, to show how tax law develops through complex interactions among Congress, administrative agencies, courts and taxpayers, and to demonstrate how lawyers (in this case, tax lawyers) add value for their clients in structuring transactions. Class participation is expected, but except in extraordinary cases will not be graded. Basic Tax or permission of the instructor is a prerequisite. The student's final grade will be based on a final exam, although class participation in rare cases may improve a student's grade. Elements used in grading: Final Exam.
Terms: Aut
| Units: 4
LAW 352:
International Tax
This course examines the United States federal income taxation of international operations and transactions, including international joint ventures and M&A transactions. Income source, foreign tax credits and Subpart F are important. International transfer pricing rules also will be addressed. Elements used in grading: Final Exam.
Terms: Spr
| Units: 2
LAW 353:
Corporate Acquisitions
This course examines the corporate acquisitions from a transactional and financial perspective. It begins with a review of a corporate acquisition agreement, the document at the center of a friendly transaction. We then consider a variety of explanations for how corporate acquisitions may promise to create value, and think about why they often fail to meet that expectation. In doing so, we will review the basics of accounting for acquisitions and their tax treatment. From there we move on to the corporate law side of acquisitions - the different forms the transaction can take, the rules governing hostile transactions, freezeouts of minority shareholders, and proxy fights. Elements used in grading: Final exam.
Terms: Win
| Units: 3
LAW 355:
Taxation I
This course provides an overview of the federal income tax. Elements use in grading: Class participation and final exam.
Terms: Aut, Spr
| Units: 4
LAW 356:
Dispute Resolution in International Economic Law
(Same as POLISCI 404.) Topics include: theoretical work on international trade and investment disputes; empirical work on WTO dispute resolution and the efficacy of developing country participation; and legal analysis of current, prominent disputes in the WTO and under international investment treaties.
Last offered: Winter 2009
| Units: 1
| Repeatable
2 times
(up to 2 units total)
LAW 357:
Ancient Greek Law and Justice
The development and practice of law and legal procedure in the ancient Greek world, emphasizing the well documented case of classical Athens. Constitutional, criminal, and civil law, approached through analysis of actual laws and speeches by litigants in Athenian courtrooms. Review of a growing scholarship juxtaposing Greek law to other prominent legal traditions and exploring the role of law in Greek social relations, economics, and literature, and its relationship to Greek conceptions of justice. Elements used in grading: Attendance, Participation, Memo, Paper. Cross-listed with Classics (CLASSICS 378) and Political Science (POLISCI 337L).
Terms: Spr
| Units: 3
LAW 358:
Advanced Antitrust: Litigating an Antitrust Case
We will examine in depth four pivotal antitrust cases: Polygram Holdings, Microsoft, Leegin and Oracle. We will study the record created in the lower courts and then analyze how the court came to the conclusions it did. Students will write an amicus brief and argue a motion for preliminary injunction or an appeal.
Last offered: Spring 2013
| Units: 3
LAW 359:
Tax Policy
This course will explore various tax policy issues. In past years, the issues we've explored have included the carbon tax, health care, social security, consumption tax, tax compliance, tax shelters and school financing. Special Instructions: Grades will be based on either (A) class participation and memos responding to the discussion questions for any three of the sessions or (B) class participation and a research paper on a topic of your choosing (subject to instructor approval). Option B is Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, attendance and written assignments.
Terms: Win
| Units: 2
LAW 359:
Tax Policy
Issues in tax policy, progressivity, income versus consumption tax, property tax and school finance, tax simplification, tax compliance and tax shelters. Possible tax initiatives of the new administration in Washington.
Last offered: Winter 2009
| Units: 3
LAW 360:
Advanced Empirical Methods
This course will examine topics in the empirical evaluation of law and policy for those who have already been exposed to basic statistics and regression. The course will begin with a discussion of problems of causal inference that have plagued some traditional statistical approaches and then examine the virtues and limitations associated with some more advanced techniques, such as regression discontinuity analyses and instrumental variables estimation. The course is designed to move students towards a publishable empirical research project. Given the constraints of the quarter system, the product is more likely to end with a detailed project design rather than a fully implemented study. nnSuccessful completion of the course requires regular attendance, and: (I) Careful reading of the course assignments coupled with frequent one page written assignments on the reading; (2) A PowerPoint presentation to the class discussing a major paper; and (3) A detailed project design using one of the empirical approaches discussed in the class. nnElements used in grading: Attendance, written assignments, class-room presentation and paper.
Last offered: Winter 2014
| Units: 3
LAW 361:
Economic and Social Organization of the Legal Profession
(Same as SOC 133/333.) Seminar. Emphasis is on the labor market for large-firm lawyers, including the market for entry-level lawyers, attorney retention and promotion practices, lateral hiring of partners, and increased use of forms of employment such as the non-equity form of partnership. Race and gender discrimination and occupational segregation; market-based pressure tactics for organizational reform. Student groups collect and analyze data about the profession and its markets. Multimedia tools for analysis and for producing workplace reforms.
| Units: 3
LAW 362:
Foundations of Statistical Inference
(Same as IPS 205C, PUBLPOL 203C.) Statistical background and introduction to regression. Topics include hypothesis testing, linear regression, nearest-neighbors regression, and other statistical concepts. Hands-on empirical analysis via computer exercises using statistical packages; how to analyze empirical studies, conduct empirical research, and cross-examine or work with statistical experts.
Last offered: Autumn 2008
| Units: 2
LAW 363:
History of the Common Law in England and America
The right to a trial by jury, the presumption of public access to criminal proceedings, and citizenship by birth rather than blood, all enshrined in the U.S. Constitution, ultimately derive from English common law. American private law-including contracts, torts, and property-is indebted to the same heritage. This course will examine the history and theory of the common law with the aim of demonstrating its continuing relevance.nThree principal strands will run through the class. The first will trace the substantive and procedural evolution of the common law from its early English roots and writs to its role in the American legal system today. Another thread will emphasize conceptions of the common law, including both historical accounts derived from the writings of Sir Edward Coke, Matthew Hale, Jeremy Bentham, and Oliver Wendell Holmes, and more recent theoretical contributions by Guido Calabresi and Ronald Dworkin, among others. Finally, the course will examine certain central institutions of the common law, including the judge who follows precedent and the jury, and compare common law modes of adjudication with the alternative methods employed by the Chancellor in equity and judges in the civil law system. Source materials will include historical cases and documents as well as some secondary articles.nSpecial Instructions: Grades will be based on class participation and (1) the final exam or (2) a long independent research paper for Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.nElements used in grading: Class Participation, assignments, final exam or final paper. This course is cross-listed with Hist 131B.
Last offered: Spring 2014
| Units: 3
LAW 366:
Principles of Research Design and Analysis: Tools
(Same as PUBLPOL 203B, IPS 205B.) Review of statistical background material. Statistical research for public policy analysis, including multiple regression analysis, multilevel modeling, and Bayesian analysis. Policy analysis in government, research institutes, and academia, complex empirical issues in litigation, investment banking, consulting and finance. Topics include hypothesis testing, regression specification, logistic regression, probit, serial correlation, errors in variables, instrumental variables, simultaneous equations, generalized linear models, simulation, causal inference, and missing data imputation. Empirical analysis via computer exercises using popular statistical packages. Prerequisite: basic statistics.
Last offered: Winter 2009
| Units: 3
LAW 367:
Principles of Research Design and Analysis: Advanced Mathematical & Computational Methods
Adjunct to 366 for students who wish to work at a deeper mathematical level. Corequisite: 366.
Last offered: Winter 2009
| Units: 1
LAW 368:
Law and Biosciences: Neuroscience
This seminar examines legal, social, and ethical issues arising from advances in the biosciences. This year it will focus on neuroscience. It will examine how neuroscience will affect the law, and society, through improvements in predicting illnesses and behaviors, in "reading minds" through neuroimaging, in understanding responsibility and consciousness, in "treating" criminal behavior, and in cognitive enhancement. Students who have taken the Law and the Biosciences (Genetics) seminar in past years may receive additional credit for taking this year's class. The class is open to 1Ls. Elements used in grading: Class participation, attendance and final research paper. Cross-listed with Health Research & Policy (HRP 211).
Terms: Win
| Units: 3
LAW 368:
Law and the Biosciences: Neuroscience
(Same as HRP 211.) Legal, social, and ethical issues arising from advances in neuroscience, including effects upon law and society through improvements in predicting illnesses and behaviors, reading minds through neuroimaging, understanding responsibility and consciousness, treating criminal behavior, and cognitive enhancement. May be repeated for credit. (Semester schedule.)
Last offered: Winter 2009
| Units: 2
LAW 372:
Legal History Workshop
The Legal History Workshop is designed as a forum in which faculty and students from both the Law School and the History Department can discuss some of the best work now being done in the field of legal history. Every other week, an invited speaker will present his or her current research for discussion. This year the theme of the Workshop will be Conservative Legal Movements from 1950 to the Present. Speakers will include Reva Siegel, the Nicholas deB. Katzenbach Professor of Law at Yale Law School, and Thomas Sugrue, the David Boies Professor of History and Sociology at the University of Pennsylvania, as well several other scholars of law, the social sciences and humanities writing about this topic. In the week prior to a given speaker's presentation, the class will meet as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students will then read the speaker's paper in advance of the following week's workshop presentation. Special Instructions: Students are required to write a brief response to each speaker's paper. There will be a total of four speakers, and thus four papers. Guidance will be provided concerning how to frame these response papers, which will be due every two weeks - i.e., on the day before speaker presents and students will receive "W" writing credit. Students taking the course to receive "R" research credit are required to write a research paper on a legal history topic that they choose (in consultation with the professor). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Enrollment will be limited to 30 students -- 20 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class participation, attendance, assignments and final paper. Writing (W) credit is for students entering prior to Autumn 2012. Cross-listed with History (HISTORY 307A).
Last offered: Winter 2015
| Units: 2-3
LAW 372:
Legal History Workshop
(Same as HISTORY 307A.) Faculty and students from the Law school and the History department discuss research in the field of legal history. Guest speakers. Secondary literature relevant to the speaker's research.
Last offered: Winter 2009
| Units: 3
LAW 373:
Protection of Personality
This course will examine the theoretical foundations and common law development of the range of tort remedies designed to afford protection to the interests in personality. Defamation, the right of privacy, and claims of emotional distress and harassment will receive particular attention, along with the constitutional defenses to these claims, based on the First Amendment, which have arisen since the mid-1960's. Elements used in grading: Final Exam.
Last offered: Winter 2015
| Units: 3
LAW 377:
Partnership Tax
This course will cover the basic rules that govern the tax treatment of partnerships and partners. Prerequisites: Taxation I required; Corporate Income Taxation suggested but not required. Elements used in grading: Class Participation, Final Exam.
Terms: Win
| Units: 2
LAW 378:
Banking Law
This course will examine the legal and regulatory system governing financial institutions, with an emphasis on banks. It will do so by exploring the underlying economics of banking, and the ongoing effort to reform financial regulation. Questions addressed will include: Why do we regulate financial institutions? What dangers do we want to avoid? How well does the current regulatory system achieve what we want to achieve? What alternative approaches can be taken? What are the costs and benefits of the current system, and those of the alternatives? Elements used in grading: Class participation, attendance, final exam.
Terms: Aut
| Units: 3
LAW 381:
Wrongful Convictions: Causes, Preventions and Remedies
Over the course of the past two decades there has been increasing recognition that, despite its commitment to the concept of proof beyond a reasonable doubt, our criminal justice system yields a steady stream of wrongful convictions. This Seminar will focus on some causes, preventions and potential remedies for this phenomenon. Subjects to be addressed include eyewitness identification, interrogations and confessions, jailhouse informant testimony, forensic evidence, the psychology of tunnel vision and confirmation bias, the role of appellate review and habeas corpus, the role of clemency, the impact of the problem on the death penalty, and issues around compensation of those who have been wrongly convicted. As we study these subjects, we will also reflect on whether taking some reforms too far will impair on the efficacy of legitimate law enforcement. The class will meet for two hours each week. In addition, there will be three additional evening or weekend sessions (to be scheduled at the convenience of the participants). During each of these additional sessions, students will watch a film involving a wrongful conviction and will engage in conversation about the particular case involved. Each student will be responsible for preparing a paper on an appropriate topic to be chosen in consultation with the instructor. Consent Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; Paper.
Terms: Spr
| Units: 3
LAW 383:
Research Design for Public Policy Analysis
(Same as IPS 205A, PUBLPOL 203A.) Translate the questions of policy controversies to questions that are susceptible to empirical research. How to select the most appropriate research strategy for different types of questions. Requirements for designing sample surveys, case studies, and experiments, and methods for conducting interviews with individuals and groups, observational studies and textual analysis. Final paper is a research design for investigating a policy question of the student's choice.
Last offered: Autumn 2008
| Units: 2
LAW 387:
Internet Torts and Crimes
The purpose of this course is to cover the highlights of torts and crimes on the Internet. Topics include cybercrimes (spam, fraud, cyberbullying), privacy, and First Amendment issues (defamation, threats, and indecent speech). The perspective will be from that of a practitioner faced with various fact patterns and known case law who has to advise his/her client on the best course of action. (Think stud poker as applied to the practice of law.)
Last offered: Spring 2013
| Units: 2
LAW 388:
Technological, Economic and Business Forces Transforming the Private Practice of Law
The private commercial practice of law is undergoing fundamental change. Modern technological, economic and business forces are placing extreme pressure on the traditional private attorney law firm model. These forces will transform, eliminate or replace virtually every aspect of legal services provided by attorneys. Traditional foundations of the large law firm model such as "billable" hours, summer associate programs, large staffs (e.g., paralegals and secretaries) and high associate-to-partner ratios are becoming (or have already become) relics of a bygone era. Today, the business need for clients to select a one-stop, full-service law firm for their important legal work has, in a variety of circumstances, disappeared. Sophisticated clients are utilizing a wide range of legal services firms and companies for their legal work. As a result, the diversity of legal business models and manner of providing legal services has greatly expanded. Often individual lawyers (or very small firms) can provide high-level legal services by assembling "virtual" teams in which each team member handles a different constituent part of the representation. "In-sourcing," "out-sourcing" and the transferring of large portions of work to non-lawyer legal support vendors are all becoming fixtures of the legal economy. This rapid increase in diversity on both the supply and demand side of the legal economy will greatly alter the skills and prerequisites required for the successful private practice of law. The course is composed of two parts. In part one, the technological, economic and business practices transforming the legal profession are identified and their impact on the traditional approaches to private practice law firms will be examined. In part two, the course focuses on how individual lawyers can adapt to or embrace the forces transforming law to improve their practice and succeed in the new environment. Part two of the course will additionally focus on how specific skills such as project management, social networking and information management will be crucial to a successful legal career. Part two of the course will also discuss how the changing legal environment creates new ethical and professional challenges for attorneys. Elements used in grading: Attendance, class participation and written assignments.
Terms: Spr
| Units: 2
LAW 390:
Current Issues in Law and Business
This course will focus on issues in law and business that are both important to practitioners and the subject of academic or political debate. We will cover a range of legal and economic issues, including: the financial performance of "socially responsible" firms; claims of short term-ism in management of public companies; investment banker liability risk arising from their advice on mergers or for conflict of interests; challenges of capital investment in emerging markets; financing of financially distressed companies; and municipal bankruptcy. On each of these issues, we will hear from prominent practitioners and/or academics in the field, but the classes will rely heavily on student discussion and critical evaluation of the papers and positions we examine. Elements used in grading: Class Participation, Written Assignments.
Terms: Spr
| Units: 2
LAW 393:
Remedies
This is a seminar in the law, history and culture of remedies. We will survey the dominant legal doctrines for providing redress, the relationship between legal rights and traditional legal remedies, as well as the unique, sometimes paradoxical, features of remedies for constitutional violations - especially in the area of civil rights. The seminar will also survey the rich non-legal and interdisciplinary discourses on theories of redress and repair including scholarship on reparations, restorative justice, and rectification. In order to develop a comparative base for assessing the capacity of law to reach and repair complex group-based harms, special attention will be given to cultural practices that have emerged to supplement, substitute for, and sometimes subvert legal remedies. Special Instructions: Students may choose to write either a substantial research paper or a series of three short papers for the course. Students who choose to write a substantial research paper will receive Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, written assignments and paper.
Terms: Aut
| Units: 3
LAW 394:
Legislation and Administration
This course explores the world of legislation and administration that defines much of our modern legal order. By analyzing agencies, statutes, and legislative procedures, the course prepares students to think about the structures and processes of government, and how they influence legal outcomes that would otherwise be defined largely by social norms, economic transactions, and common law adjudication. Drawing on examples from a variety of substantive areas, the course covers the legislative process, approaches to statutory interpretation, the role of agencies and the legislature in a system of separated powers, delegation to agencies, the interaction of common law doctrines and agency practices, and techniques of agency regulation and adjudication. First-year students are welcome. Special Instructions: Students who receive credit for Legislation (Law 319) and/or Statutory Interpretation (Law 425) may not receive credit for Legislation and Administration (Law 394) and vice versa. Note: Some sessions will be rescheduled to Friday afternoon because of oral argument. Elements used in grading: Attendance, participation in in-class discussion and occasional short assignments, being on "panel" for selected classes, and an open-book exam. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
LAW 395:
Creating New Legal Tools to Address the Environmental Impacts of Energy Projects
A domestic energy boom is underway with major new energy projects being sited on both private and public lands, including wind projects, utility-scale solar projects, oil and gas projects, and associated transmission lines and pipeline projects. Many of these projects have significant footprints, with related negative impacts on their local environments. Students will work with policymakers in Sacramento and Washington this fall in evaluating new regulatory and market-based options to address the environmental impacts of energy-related projects. In doing so, seminar participants will be working "in real time" on new state and federal initiatives to develop more expedited and effective mechanisms to compensate for environmental impacts of energy and other infrastructure projects, including a number of large renewable energy projects that currently are being developed on public and private lands in the southwest. The seminar also will explore the full range of environmental issues associated with major infrastructure development, including an in-depth discussion and evaluation of permitting reforms and environmental issues that the Administration is now addressing under Executive Order 13604 (President Obama's infrastructure permitting reform initiative).
Last offered: Autumn 2013
| Units: 3
LAW 397:
Law and Economics of the Death Penalty Seminar
This seminar will examine the legal and policy aspects of a capital punishment regime. Students will have the option to take the seminar alone or to combine it with a practicum. This seminar component will explore three primary issues: 1) the Supreme Court's forty-year effort to define what cases can permissibly receive the death penalty and the procedures under which it must be imposed; 2) the arguments for and against the death penalty, with a major focus on whether the death penalty deters, is administered in a racially biased way, or is otherwise implemented in an arbitrary and capricious manner; and 3) what the U.S. and international status of the death penalty is today and what the prospects are for the future. The readings on deterrence and racial discrimination will entail some substantial statistical analysis, although a background in statistics, though helpful, will not be required. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Writing (W) credit is for students entering prior to Autumn 2012. Elements used in grading seminar: Written assignments and final paper. Students who take the practicum component must attend the 9 seminar class meetings and do all reading and writing assignments of the seminar except that instead of writing a final paper of their choosing they will focus on actual policy or litigation work that will be arranged with various death penalty abolition groups. I expect that there will be an opportunity to work on policy relevant research that will be of assistance in the repeal movement (as well as attending the 9 seminar class meetings and doing the readings for each class).
Last offered: Autumn 2014
| Units: 2-3
LAW 400:
Directed Research
Directed Research is an extraordinary opportunity for students beyond the first-year to research problems in any field of law. The final product must be embodied in a paper or other form of written work involving a substantial independent effort on the part of the student. A student must submit a detailed petition of at least 250 words, approved by the sponsoring faculty member, outlining his or her proposed project and demonstrating that the research is likely to result in a significant scholarly contribution. A petition will not be approved for work assigned or performed in a course, clinic, or externship for which the student has or will receive credit. A petition must indicate whether the product is intended for publication in a law review or elsewhere. A student may petition for "Directed Research: Curricular Development" when the work involves assisting a Law School faculty member in developing concepts or materials for new and innovative law school courses. Both the supervising faculty member and the Associate Dean for Curriculum must approve petition for "Directed Research: Curricular Development." Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. Students whose projects warrant more than four units should consider a Senior Thesis or the Research Track. See SLS Student Handbook for requirements and limitations. With the approval of the instructor, a directed research project of two-units or more may satisfy one research writing course (R course). Elements used in grading: As agreed to by instructor. Directed Research petitions are available on the Law School Registrar's Office website (see Petition Process and Forms).
Terms: Aut, Win, Spr
| Units: 1-4
| Repeatable
8 times
(up to 8 units total)
Instructors: ;
Ablavsky, G. (PI);
Anderson, M. (PI);
Banks, R. (PI);
Cavallaro, J. (PI);
Chacon, J. (PI);
Fina, S. (PI);
Fisher, J. (PI);
Goldstein, P. (PI);
Grundfest, J. (PI);
Jensen, E. (PI);
Kleinbard, E. (PI);
Koski, W. (PI);
Lemley, M. (PI);
MacCoun, R. (PI);
McConnell, M. (PI);
Meyler, B. (PI);
Ouellette, L. (PI);
Persily, N. (PI);
Petersilia, J. (PI);
Rhode, D. (PI);
Sinnar, S. (PI);
Sklansky, D. (PI);
Spaulding, N. (PI);
Thompson, B. (PI);
Triantis, G. (PI);
Tyler, R. (PI);
Weisberg, R. (PI);
Sze, E. (GP)
LAW 401:
Venture Capital II: Starting and Running a Venture-Backed Company
This class will focus on the legal and non-legal tactical details of entrepreneurial endeavors. The legal specifics of corporate formation, tax, and contracts are well covered by a variety of other courses at the Law School and will only be reviewed briefly in this course. Instead, the course will examine the life stages (formation, financing, execution, and exit) of a venture-backed company from the entrepreneur's perspective. Students who are interested in either starting companies or working with startup founders as their legal counsel will solidify their foundations in this course. There will be no textbook - course materials will include PowerPoint slides, readings from various entrepreneur and venture capital blogs, sample business plans, and other sources. Grades will be based on class participation (10%), short reflection papers and/or short problem sets (15%), and a 60 minute oral business plan presentation with accompanying slide deck and written business plan. This course is limited to 16 students with students who have taken VC I receiving priority in enrollment. Prerequisites: A modest background in financial analysis or Excel, such as might be obtained in QM finance (Law 467), is a prerequisite for this course. Venture Capital I will be helpful but is not a prerequisite. Elements used in grading: Class participation (20%), and a 60 minute oral business plan presentation with accompanying slide deck and written materials (80%). CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
LAW 402:
Moot Court
The major moot court activity at Stanford Law School is the Marion Rice Kirkwood Memorial Competition, which takes place each year during Autumn and Winter terms. Autumn term will be dedicated to brief writing and completion of the written portion of the Competition; the oral argument portion of the Competition will be conducted during the first four weeks (approx.) of Winter term. Students on externship and in clinics may enroll if permitted by their respective programs. In Autumn term there are only a few class meetings, which can be recorded, as well as conferences and practice arguments, which are scheduled individually. In Winter term, students must participate in scheduled oral arguments. The preliminary rounds are in the evening; the semifinal and final rounds are in the late afternoon. Prior to the Competition itself, materials and lectures are provided on research, brief writing, and oral advocacy techniques. Registration for the Kirkwood Competition is by team. Each team is required to submit an appellate brief of substantial length and quality, and to complete at least two oral arguments, one on each side of an actual case. The first draft of the brief is reviewed and critiqued by the course instructors. The final draft of the brief is scored by the course instructors and members of the Moot Court Board. The course also offers digital recording and critiques of practice oral arguments. Panels of local attorneys and judges serve as judges who score the oral argument portion of the Competition. Teams are selected for the quarterfinal, semifinal and final round of the Competition based on their brief and oral advocacy scores. The final round of the Competition is held before a panel of distinguished judges and the entire Law School community is invited to attend. Special Instructions: In order to maintain academic standards, enrollment in the Kirkwood Competition is limited to 20 two-person teams. This limit will be strictly enforced. Registration forms will be distributed Spring term. If the program is oversubscribed, a lottery will be held to determine participating teams and to establish a waiting list. The final drop deadline for the course will be Friday of the first week of classes. Enrollment in both Autumn (2 units) and Winter (1 unit) terms is required. The final grade for both Autumn and Winter terms and the Professional Skills credit will be awarded upon the completion of the course requirements. Registration and Consent Instructions: Instructions on how to register for the Moot Court competition are sent out to students each year in Spring term for the coming academic year. The registration process is separate from the regular class registration process. Elements used in grading: Satisfactory completion of appellate brief and oral arguments. Early application and drop deadlines.
Terms: Win
| Units: 1
LAW 402:
Moot Court
The major moot court activity at Stanford Law School is the Marion Rice Kirkwood Memorial Competition, which takes place each year during Autumn and Winter terms. Autumn term will be dedicated to brief writing and completion of the written portion of the Competition; the oral argument portion of the Competition will be conducted during the first four weeks (approx.) of Winter term. Students on externship and in clinics may enroll if permitted by their respective programs. In Autumn term there are only a few class meetings, which can be recorded, as well as conferences and practice arguments, which are scheduled individually. In Winter term, students must participate in scheduled oral arguments. The preliminary rounds are in the evening; the semifinal and final rounds are in the late afternoon. Prior to the Competition itself, materials and lectures are provided on research, brief writing, and oral advocacy techniques. Registration for the Kirkwood Competition is by team. Each team is required to submit an appellate brief of substantial length and quality, and to complete at least two oral arguments, one on each side of an actual case. The first draft of the brief is reviewed and critiqued by the course instructors. The final draft of the brief is scored by the course instructors and members of the Moot Court Board. The course also offers digital recording and critiques of practice oral arguments. Panels of local attorneys and judges serve as judges who score the oral argument portion of the Competition. Teams are selected for the quarterfinal, semifinal and final round of the Competition based on their brief and oral advocacy scores. The final round of the Competition is held before a panel of distinguished judges and the entire Law School community is invited to attend. Special Instructions: In order to maintain academic standards, enrollment in the Kirkwood Competition is limited to 20 two-person teams. This limit will be strictly enforced. Registration forms will be distributed Spring term. If the program is oversubscribed, a lottery will be held to determine participating teams and to establish a waiting list. The final drop deadline for the course will be Friday of the first week of classes. Enrollment in both Autumn (2 units) and Winter (1 unit) terms is required. The final grade for both Autumn and Winter terms and the Professional Skills credit will be awarded upon the completion of the course requirements. Registration and Consent Instructions: Instructions on how to register for the Moot Court competition are sent out to students each year in Spring term for the coming academic year. The registration process is separate from the regular class registration process. Elements used in grading: Satisfactory completion of appellate brief and oral arguments. Early application and drop deadlines.
Terms: Aut
| Units: 2
LAW 403:
Senior Thesis
An opportunity for third-year students to engage in original research and to prepare a substantial written-work product on the scale of a law review article. The thesis topic should be chosen no later than two weeks after the beginning of the seventh term of law study and may be chosen during the sixth term. The topic is subject to the approval of the thesis supervisor, who may be any member of the Law School faculty under whose direction the student wishes to write the thesis and who is willing to assume the responsibility therefor. An oral defense of the thesis before members of the faculty, including the thesis supervisor, will be conducted late in the student's ninth academic term. Acceptance of the thesis for credit requires the approval of the thesis supervisor and one or more other members of the faculty who will be selected by the supervisor. Satisfactory completion of the senior thesis will satisfy graduation requirements to the extent of (a) 5 - 8 units of credit and (b) two research courses. The exact requirements for a senior thesis are in the discretion of the supervising faculty member. Special Instructions: Two Research credits are possible. Elements Used in Grading: Paper
Terms: Aut, Win, Spr
| Units: 5-8
| Repeatable
3 times
(up to 8 units total)
LAW 404B:
Foreign Legal Study: Bucerius Law School
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-international-and-comparative-law/the-foreign-legal-study-program. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404H:
Foreign Legal Study: Hebrew University of Jerusalem
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-international-and-comparative-law/the-foreign-legal-study-program. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404I:
Foreign Legal Study: Institut d'Etudes Politiques de Paris
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-international-and-comparative-law/the-foreign-legal-study-program. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404P:
Foreign Legal Study: Peking University Law School
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-international-and-comparative-law/the-foreign-legal-study-program. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404S:
Foreign Legal Study: National University of Singapore
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-international-and-comparative-law/the-foreign-legal-study-program. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404W:
Foreign Legal Study: Waseda University
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS): Hamburg, Germany, Hebrew University of Jerusalem (HU): Jerusalem, Israel, Institut d'Etudes Politiques de Paris (Sciences Po): Paris, France, National University of Singapore (NUS): Singapore, Peking University Law School (PKU): Beijing, China, or the Waseda University Law School (WLS): Tokyo, Japan. See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-international-and-comparative-law/the-foreign-legal-study-program. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 405:
Privacy and Technology in Law and Practice
In this lecture course, students will identify instances in which new technologies have changed the likelihood that information about individuals will be created, collected, stored, analyzed, and disclosed to both private entities and to governments. We will look at the internet, mobile platforms and drones, among other developments. The class will identify both privacy defeating and privacy enhancing technologies, and consider how legal regimes and policy choices as well as technological design can mitigate or highten the risk of unwanted information disclosure. Assignments will ask for both descriptive and normative analysis. Students will examine the interrelationship between privacy, security, free speech, innovation and other public goods and be asked to debate particular policy outcomes in light of competing values about information privacy with regard to both the public and private sector. We will cover issues such as Do-Not-Track and online advertising, data security breaches, consumer notice, privacy by design, corporate best practices, Federal Trade Commission enforcement, workplace monitoring, and law enforcement and national security access.
Last offered: Spring 2013
| Units: 2
LAW 406:
Research Track
The Research Track is for students who wish to carry out a research project of a scope larger than that contemplated for a Senior Thesis. Research Track projects are to be supervised by two or more professors, at least one of whom must be a member of the Law School faculty. At least one faculty member in addition to the supervisors must read the written product of the research, and the student must defend the written work orally before the readers. Students will be admitted to Research Track only if they have a demonstrated capability for substantial independent research, and propose a significant and well-formulated project at the time of application. Special Instructions: Two Research credits are possible. Elements Used in Grading: Paper
Terms: Aut, Win, Spr
| Units: 9-12
| Repeatable
for credit
LAW 407:
International Deal Making
This course specifically focuses on the application of legal and business knowledge to real world transactions in the international context. This is a practical course for students who are interested in applying their knowledge to deal structuring, identifying and resolving legal and business concerns, negotiations, documentation and deal closing. The caselets (short-form cases), developed by the instructor (JD/MBA/CPA) from his 25 years' experience in deal-making in China and Asia, raising $9 billion in equity and debt, often place the student inside the negotiating room and challenge the student to strike deals with senior private and public officials. This course is structured as an intense large seminar with a maximum of 30 law and 10 business students, mixed into groups for class work and presentations.nnCourse objectives: (1) To give the law student a deeper understanding of the legal issues that arise in cross-border transactions, and a broader understanding of the business context in which legal advice is asked for and given; (2) to give the business student an appreciation of the importance of reading the legal documents which purport to describe his/her business transaction, and an understanding of the role the legal advisor can and should play in deal structuring, negotiating and documenting aspects; and (3) for both sets of students, there will be the opportunity to strategize, structure and be the principal negotiator in real world, substantive, international business deals. Following the outcomes decided in class, the actual outcomes and subsequent events will be shared. This is an applied business law course focused on structuring, negotiating and closing pioneering business transactions which have several legal and business obstacles to overcome.nnElements used in grading: Class participation (30%), attendance, final paper (30%) and group presentation (40%).
Last offered: Autumn 2013
| Units: 2
LAW 407:
International Deal Making: Legal and Business Aspects
The application of legal and business knowledge to real world international transactions. Topics include deal structuring, identifying and resolving legal and business concerns, negotiations, documentation, deal closing, legal issues in cross-border transactions, importance of legal documents in business transactions, and the role of the legal advisor. Case studies. Students strategize, structure, and negotiate real world, substantive, international business deals.
Last offered: Autumn 2008
| Units: 2
LAW 408A:
Criminal Defense Clinic: Clinical Practice
Students in the Criminal Defense Clinic represent indigent criminal defendants in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students are California Bar Certified and thus appear in court and argue their clients' cases with faculty standing by. Students take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with prosecutors, drafting and arguing motions, and trying cases before judges and juries. Common charges include drug use and possession, assault, theft and DUI. While students have primary responsibility for all aspects of their cases, all work is closely supervised. The Criminal Defense Clinic is an intensive, fast-paced and demanding program of education and practical skills, taught through a two-week introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias in the legal system, immigration consequences, economic disparities and addiction. The goal of the Clinic is to train students how to conduct a criminal case from beginning to end while engaging in thoughtful reflection and providing holistic representation. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect and compassion to use by serving people in a moment of great need. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments and case work and professionalism.
Terms: Win, Spr
| Units: 4
LAW 408B:
Criminal Defense Clinic: Clinical Methods
Students in the Criminal Defense Clinic represent indigent criminal defendants in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students are California Bar Certified and thus appear in court and argue their clients' cases with faculty standing by. Students take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with prosecutors, drafting and arguing motions, and trying cases before judges and juries. Common charges include drug use and possession, assault, theft and DUI. While students have primary responsibility for all aspects of their cases, all work is closely supervised. The Criminal Defense Clinic is an intensive, fast-paced and demanding program of education and practical skills, taught through a two-week introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias in the legal system, immigration consequences, economic disparities and addiction. The goal of the Clinic is to train students how to conduct a criminal case from beginning to end while engaging in thoughtful reflection and providing holistic representation. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect and compassion to use by serving people in a moment of great need. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments and case work and professionalism.
Terms: Win, Spr
| Units: 4
LAW 408C:
Criminal Defense Clinic: Clinical Coursework
Students in the Criminal Defense Clinic represent indigent criminal defendants in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students are California Bar Certified and thus appear in court and argue their clients' cases with faculty standing by. Students take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with prosecutors, drafting and arguing motions, and trying cases before judges and juries. Common charges include drug use and possession, assault, theft and DUI. While students have primary responsibility for all aspects of their cases, all work is closely supervised. The Criminal Defense Clinic is an intensive, fast-paced and demanding program of education and practical skills, taught through a two-week introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias in the legal system, immigration consequences, economic disparities and addiction. The goal of the Clinic is to train students how to conduct a criminal case from beginning to end while engaging in thoughtful reflection and providing holistic representation. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect and compassion to use by serving people in a moment of great need. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments and case work and professionalism.
Terms: Win, Spr
| Units: 4
LAW 409:
Introduction to Intellectual Property
Patents, copyrights, trademarks, and trade secrets. Commonalities and differences among systems of intellectual property protection.
Last offered: Winter 2009
| Units: 3
LAW 409:
Introduction to Intellectual Property
This is an overview course covering the basics of intellectual property law -- trade secrets, patents, copyrights, and trademarks, as well as selected other state intellectual property rights. This course is designed both for those who are interested in pursuing IP as a career, and those who are looking only for a basic knowledge of the subject. There are no prerequisites, and a scientific background is not required. Elements used in grading: Class participation and final exam (4-hour, open-book, in-class final).
Terms: Spr
| Units: 4
LAW 411:
Directed Writing
Teams of students may earn "Directed Writing" credit for collaborative problems involving professional writing, such as briefs, proposed legislation or other legal writing. Only projects supervised by a member of the faculty (tenured, tenure-track, senior lecturer, or professor from practice) may qualify for Directed Writing credit. It will not necessarily be appropriate to require each member of the team to write the number of pages that would be required for an individual directed research project earning the number of credits that each team member will earn for the team project. The page length guidelines applicable to individual papers may be considered in determining the appropriate page length, but the faculty supervisor has discretion to make the final page-length determination. Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. A petition will not be approved for work assigned or performed in a course, clinic, or externship for which the student has or will receive credit. Special Instructions: A Directed Writing project may not count as the equivalent of a "PW" (Professional Writing) course.
Terms: Aut, Win, Spr
| Units: 1-4
| Repeatable
8 times
(up to 8 units total)
LAW 413A:
Policy Practicum: Obesity in Santa Clara County
This course will develop obesity initiatives for Santa Clara County. Law, medical, and public policy students will work with representatives from the County Board of Supervisors to identify strategies for reducing child and adult obesity that the County can implement. A paper focusing on particular initiatives will be required. Course must be taken for two-units or more to satisfy the Research requirement. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for contact information and submission deadline. Elements used in grading: Class Participation, Attendance, Final Paper.
Last offered: Spring 2014
| Units: 1-3
| Repeatable
3 times
(up to 8 units total)
LAW 413B:
Policy Practicum: Election Administration and Reform
Students in this policy lab will be conducting research on problems in administration that have plagued recent elections, as well as potential reform proposals. The areas of inquiry will include: wait times to vote, polling place location and management, poll worker recruitment and training, voting accessibility for uniformed and overseas voters, individuals with disabilities, limited English proficiency, voter rolls and poll books, voting machine capacity and technology, ballot simplicity and voter education, provisional ballots, absentee and early voting, and the adequacy of contingency plans for natural disasters and other emergencies that may disrupt elections. Students will be responsible for white papers on one or more of these issues, as well as creating bibliographies on these and related topics. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for contact information and submission deadline. Elements used in grading: Written Assignments.
Last offered: Autumn 2013
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413C:
Policy Practicum: Improving Bone Marrow Donation Programs
The National Bone Marrow Donation Program (NMBD) operates the "Be the Match Registry." Individuals who register with Be the Match may be identified as potential donors of hematapoietic cells (most typically bone marrow) to patients facing life-threatening disorders such as leukemia, lymphoma, and aplastic anemia who do not have family members who are good matches to serve as donors. (Family members are appropriate for only 30% of patients needing these transplants.) The NBMD is considering whether the procedures that it uses to attract people to enroll as potential donors in the registry could be improved, and also wants to investigate the further possibility that the proportion of potential donors who actually donate cells once it is discovered that they are a match for a particular patient could be increased. Social psychologists here at Stanford are interested in working with the NBMD to examine some of the organization¿s practices, taking advantage of the sorts of social psychological insights often employed by those interested in marketing products or increasing charitable donations. There are questions, of course, about the efficacy of the techniques that they might recommend in terms of increasing ultimate donation levels, but there are also significant questions about whether some of the techniques might run afoul of existing legal regulation or pose other sorts of problems for the organization. Law students who choose to work on this practicum will almost surely work (in teams with other law students and in conjunction with social psychologists working on this issue and the NBMD) on the following issues: -- To what extent is it consonant with existing medical privacy law (or laws that the NBMD might press to adopt) to reveal personal information about donees to potential donors, assuming that donors are more likely to donate to those with whom they feel a greater personal connection? -- To what degree can NBMD simplify the process of registering potential donors without running afoul of current (or ideal) regulation protecting people against undergoing medical procedures in the absence of informed consent? -- What sorts of material incentives for donation, if any, are permissible under current (or ideal) law and what stance should the NBMD take on the use of material incentives? There may well be other related topics upon which students will work as well. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors at mkelman@stanford.edu and lmarshall@law.stanford.edu. See Consent Application Form for submission deadline. Elements used in grading: Written Assignments, Class Participation, Group Work.
Last offered: Winter 2014
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 413D:
Policy Practicum: Institutional and Legislative Copyright Reform
The US Copyright Office has developed an ambitious agenda for legislative and institutional reform of the American copyright system, and the Register of Copyrights would like us to assist in researching and formulating policy on two of the more pressing projects on its agenda, at least one of which may be the subject of hearings before the House Judiciary Committee this fall. Students will be responsible for developing and implementing the research design; consulting regularly with Copyright Office personnel on development of policy proposals; and preparing a final report for presentation to the Copyright Office. This will require a student commitment to two quarters of work during the Fall and Winter Quarters. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Elements used in grading: As agreed to by instructor. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 413E:
Policy Practicum: Empirical Study of Patent Troll Litigation
Many believe litigation by patent trolls-those in the business of asserting patents rather than making products-is rampant and has harmed innovation and raised consumer prices. This concern has spread to Congress and the U.S. Patent Office, which are considering new regulation of patent trolls. However, there remains insufficient data to determine the amount and impact of patent troll litigation. Students selected for this course will work with renowned patent law scholar Mark Lemley and Law, Science & Technology Teaching Fellow Shawn Miller to produce the first patent litigation database to include comprehensive identification of the type of patent plaintiff involved in each lawsuit. Students' principal responsibilities during 2015-16 will be to complete the database and help draft a position paper for policy makers on the impact of patent trolls. Though voluntary, Professor Lemley and Dr. Miller will also encourage and aid students in utilizing this experience and the database for their own scholarly work. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. Elements used in grading: Class Participation, Attendance, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms) to the instructor. See Consent Application Form for submission deadline.
Terms: Aut, Win, Spr
| Units: 1-3
| Repeatable
4 times
(up to 8 units total)
LAW 413F:
Policy Practicum: Mediation Confidentiality and Attorney Malpractice in California
The issue of confidentiality is central to contemporary mediation practice, yet raises significant public policy issues. The California Legislature has directed the California Law Revision Commission to analyze "the relationship under current law between mediation confidentiality and attorney malpractice and other misconduct and the purposes for, and impact of, those laws on public protection, professional ethics, attorney discipline, client rights, the willingness of parties to participate in voluntary and mandatory mediation, and the effectiveness of mediation, as well as any other issues that the Commission deems relevant," with an eye to making recommendations for revising relevant state law. California is a leader in the ADR domain and significant changes in its policies regarding mediation have the potential to affect mediation law in other state courts as well as the federal court system. In this practicum students will work collaboratively to assist Commission staff identify issues for research and analysis, conduct research and prepare policy memoranda for consideration of Commission staff. Elements used in grading: Class Participation, Attendance, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413G:
Policy Practicum: Social Mobility In Higher Education
The Mobility Project will explore ways to increase the representation at elite universities of high achieving students who are socioeconomically disadvantaged. Economically disadvantaged students are underrepresented at most selective colleges or universities. This despite the fact that in recent years a number of prominent universities (Stanford among them) have made their financial aid policies considerably more generous for students from lower income families.nRecent research indicates that the pool of resource disadvantaged, high achieving high school students is much larger than commonly thought. Each year, there are more than 25,000 high school seniors from relatively low income families whose standardized test scores and grades place them in the top 4% of high school students, making it likely that they could be admitted to, receive financial aid from, and thrive at a selective institution. Yet many thousands of these talented students do not apply to any top tier college. Some do not even apply to any four year school. nThis failure in the matching of students to schools is socially significant. While higher education has long been a means of promoting mobility for individuals and across generations, the economic benefits of advanced education are even greater now than in past eras. Thus, it has become especially important that universities provide an avenue of advancement for talented students of all backgrounds.nThe Mobility Project is also timely given the likelihood of increasing restrictions on race-based affirmative action. Expanding access to elite colleges for economically disadvantaged students will also contribute to the racial diversity of those institutions. The group of low income, high achievers is more racially diverse (and more specifically, has a higher representation of African Americans and Latinos) than the group of high achieving students from affluent families.nWe will examine a variety of initiatives to increase the enrollment at elite universities of high achieving economically disadvantaged students. We hope to assemble a small interdisciplinary team of faculty and students from the Schools of Law, Education, and Humanities and Sciences to explore scalable interventions. Students have the option to write papers for Research credit with instructor approval. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors at rbanks@law.stanford.edu and pbrest@law.stanford.edu. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413H:
Policy Practicum: State Law Enforcement Access to Customer Records of Communication Companies
If California Senate Bill SCR 54 is enacted, as seems likely, the California Law Revision Commission will be tasked with modernizing California statutory law on law enforcement access to customer records of cell phone providers, internet service providers, social media companies, and other mobile and internet-based communication providers. The Commission would like us to prepare a thorough and balanced background study of the relevant legal and policy concerns, including civil liberties, public safety, and the scope of federal preemption in the area, with an emphasis on new and emerging communication services. This is likely to be a high profile project, with close attention from the Legislature and many interest groups. nThis project involves complex issues under the Fourth Amendment and such statutory structures as the Electronic Communications Privacy Act. Completion of the course in Criminal Investigation is a prerequisite, with exceptions only for those with demonstrable alternative background in Fourth Amendment law.nElements used in grading: As agreed to by instructor. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413I:
Policy Practicum: Tax Regulatory Project
The changing economic landscape places great stress on the tax legislative process. This stress is magnified by flaws in existing statutes, and by taxpayer attempts to exploit those flaws. There are no statutory rules governing hundreds of billions of dollars of annual transactions. Much of this void is filled in (imperfectly) by Treasury regulations. This practicum will take a close look at one or two issues raised by one proposed Treasury regulation. We will look at the relevant literature, talk to stakeholders, and (possibly) and in our individual names, provide public comments and testimony on the regulation. Since the primary output will be a public (and therefore published in the leading tax journal, Tax Notes) comment, the course will offer Professional Writing (PW) credit. Students with a research interest in this area that is aligned with the project can with permission of the professor write a paper that receives Research (R) credit. After the term begins, students accepted into the course can transfer from the PW section (01) to the R section (02) with consent of the instructor. Elements used in grading: Class Participation, Written Assignments or Research Paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 3
| Repeatable
3 times
(up to 8 units total)
LAW 413J:
Policy Practicum: Court-Supervised Remediation of Complex Environmental Problems
The Law School's Environmental Law Clinic is representing an environmental group in a lawsuit against the Monterey County Water Resources Agency. The suit asserts that the agency has been polluting both surface and ground waters in the Salinas River Valley and Elkhorn Slough by discharging pesticide-laden farm irrigation run-off in violation of California environmental laws. If the plaintiffs prevail, the appropriate injunctive relief is likely to be complex. Neither the precise dimensions of the problem nor those of the most effective interventions to remedy it are known. So, ideally, relief should combine adaptive flexibility for the agency, meaningful accountability to the plaintiffs and the public, and an opportunity for all parties to learn in the process of the implementation. Policy Lab students will work with Professors Deborah Sivas (lead plaintiffs¿ counsel) and Bill Simon on some aspect of a possible remedial regime. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Elements used in grading: Class Participation, Final Paper.
Last offered: Spring 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413K:
Policy Practicum: Stream Flow Restoration Transactions
Water in the West (a joint program of the Woods Institute and the Lane Center for the American West) is working with the National Fish and Wildlife Foundation (NFWF) on research related to water rights transactions that restore water to the environment. Rivers in the western United States are subject to significant water withdrawals that have had major impacts on the health of their ecosystems. In an effort to restore the health of such rivers, a number of conservation groups have begun to facilitate voluntary transactions to restore water to the environment, such as acquiring water rights and funding irrigation efficiency improvements. NFWF has extensive experience with these efforts through its funding of the Columbia Basin Water Transaction Program and implementation of the Walker Basin Restoration Program, and intends to expand its efforts to other parts of the West. It faces the challenge of deciding where to invest funds and resources in order to achieve the greatest conservation benefits for available dollars. Students in this policy lab will assist NFWF in the development of an assessment methodology for identifying and analyzing watersheds in the western United States as potential locations for expanding its efforts. Our work will focus on evaluating western states in terms of the extent to which they allow the transfer of water rights for environmental use and in terms of the regulatory, financial, and social hurdles such transactions face in each state. We will also analyze data related to stream flow alteration and work with NFWF to integrate this information into its broader assessment. Finally, we will work with NFWF staff to integrate our work into their broader assessment and help them begin to evaluate specific candidate watersheds. Elements used in grading: As agreed to by instructor. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 1-3
| Repeatable
4 times
(up to 8 units total)
LAW 413L:
Policy Practicum: Advising Congress on Health Policy
This policy lab will conduct research on national health policy problems for the Medicare Payment Advisory Commission, or MedPAC (MedPAC is an independent Congressional agency established by the Balanced Budget Act of 1997 to advise the U.S. Congress on issues affecting the Medicare program). Students will work in teams with lawyers and PhD economists from MedPAC, resident and fellow physicians from Stanford Hospital, and other students from throughout the University on one of two topics:nExpanding the healthcare workforce through reform of states' scope of practice regulation. This project will examine how changes in licensing rules governing health care providers' allowed scope of practice can accommodate the expansion of demand for health services due to the Affordable Care Act and other factors. Specific questions include: 1) Under existing state law, what additional tasks can non-physicians such as nurse practitioners, physician assistants, and pharmacists undertake that would reduce cost and/or improve quality? 2) What changes to state law might expand the allowed scope of practice of non-physicians that would reduce cost and/or improve quality? 3) What incentives might the federal government provide, either through Medicare or other means, to encourage states to reform optimally their scope of practice rules to reflect new available technologies?nDesigning antitrust policy to achieve the benefits of coordination and avoid the costs of consolidation. On one hand, closer links between physicians, hospitals, and other health care providers has the potential to reduce cost and improve quality by improving communication across care settings, avoiding wasteful duplication of effort, and reducing medical errors. On the other hand, consolidation may be used to exploit consumers by facilitating the exercise of health care providers' market power. This tension has become especially important due to incentives in the Affordable Care Act that encourage doctors and hospitals to join together in Accountable Care Organizations. This project will examine the following questions: 1) How can the U.S. Department of Justice and Federal Trade Commission use existing federal antitrust law to allow welfare-improving coordination while prohibiting welfare-reducing consolidation in ways that minimize costs of enforcement, including the legal uncertainty facing providers? 2) Can adoption of health-care-specific antitrust laws, such as those proposed or enacted in Massachusetts and California, effectively fill in the gaps in existing federal antitrust laws? 3) What incentives might the federal government provide, through design of reimbursement policies in the Medicare program, to complement federal and state antitrust laws?nConsent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Elements used in grading: Written Assignments, Final Paper. This course is cross-listed with HRP 222A and B.
Last offered: Winter 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413M:
Policy Practicum: Stereotype Threat and Higher Education
A large body of social psychological research has established the existence of stereotype threat--a worry that one might be viewed through the lens of a negative intellectual stereotype. This concern provokes anxiety and can undermine the academic performance of members of negatively stereotyped groups, underrepresented minority groups in particular. Stereotype threat acts like an intellectual headwind.nThis project will consider changes that colleges and universities institutions might undertake to reduce the effect of stereotype threat.nElements use in grading: Class Participation, Attendance, Written Assignments, Final Paper.nConsent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413N:
Policy Practicum: Court Online Mediation Service Practicum
California is a leader in alternative dispute resolution (ADR), and its innovations have the potential to affect mediation law in state and federal courts across the nation. In this practicum students will work collaboratively to build a new online dispute resolution (ODR) system to be piloted in the San Mateo Superior Court for Family Law. Stanford students will work side by side with faculty, court staff, and experts from Modria Inc. (a leading mediation software designer) to implement the Beta Test of the design. The core of this quarter's work will focus on introducing the platform to its first users - claimants with family law disputes - and designing an evaluation program for collecting feedback and implementing improvements. The project will include opportunities to learn basic coding skills, innovate user experience (UX) design for a tech product, and work directly in family law client services. Most importantly, this project addresses a long-neglected access-to-justice issue in California, where 60-80% of claimants arriving in civil courts cannot afford an attorney. ODR, designed and tested properly, may streamline the system for those who need it most while still offering supervision and quality control of the court staff. Special Instructions: Enrollment in Thinking Like a Policy Analyst (Law 444) encouraged. Preference given to students who have taken LAW 615 Negotiation, LAW 613 Dispute System Design, LAW 638 Mediation, or demonstrate substantial experience in ADR, or law and technology. Students have the option to write a paper for R credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Participation, Attendance, and Contribution to Project. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413O:
Policy Practicum: China's Solar Industry and its Global Implications
China dominates and defines a growing global market for solar power. That market faces a stark dichotomy. Solar energy's prospects as a meaningful electricity source are increasingly bright. Yet, amid a global glut of solar panels, the future contours of the industry - the relative roles of leading players such as the United States and China - are increasingly unclear. Students in this seminar will analyze industry and policy data to assess China's competitive strengths in the global solar industry and, based on those conclusions, to suggest finance and policy approaches that the US and China each could adopt so that the two countries operate more strategically in an economically efficient global solar market - and, by extension, a globalizing market for cleaner sources of energy. This research will figure into a project on this theme underway at the Steyer-Taylor Center for Energy Policy and Finance. Course deliverables will vary among students and will be based on discussions at the start of the class between the instructors and the students. Some students will produce papers; others will develop and analyze key sets of data. Students from graduate programs around the university - the law school and others - are encouraged to apply. Preference will be given to those with demonstrated interest in energy finance and policy, particularly bearing on China, and with fluency in Mandarin, though neither is a firm requirement. Given that the Steyer-Taylor Center project will continue through the academic year, preference also will be given to students who intend to continue with the practicum in both the winter and spring quarters. Students have the option to write papers for W or R credit. If the paper involves independent research, then it will be eligible for R credit. The instructor and student must agree whether the student will receive an R or a W. After the term begins, students accepted into the course can transfer from the W writing section (01) into section (02), which meets the R requirement, with consent of the instructor. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. Elements used in grading: Class Participation, Written Assignments or Paper. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 413P:
Policy Practicum: Wildlife Trafficking: Stopping the Scourge
This policy lab seminar will address the international wildlife trafficking crisis, with a focus on legal and policy tools that can help combat the scourge. The price of ivory on black markets has skyrocketed and elephant and rhino populations in Africa are being decimated. At current poaching rates, African elephants could be wiped out within 8 to 10 years. Trafficking also is hitting tigers, great apes, sharks and other important species. The seminar will key into the President's recent Executive Order on this subject (E.O. 13658, issued on July 1, 2013) and related international efforts to reduce the killing in host countries, the transshipment of poached materials, and consumer demand for ivory and other wildlife parts. The seminar will address US laws and their role in addressing trade in wildlife parts. It also will undertake a comparative review of the legal structures in relevant African and Asian nations, and the potential role of the international endangered species treaty (CITES) and transnational enforcement efforts in cracking down on ivory and other wildlife-related trafficking. The seminar will review prior poaching crises, including the elephant/ivory crisis in the late 1980s, and evaluate why the strategies that reduced killings in the 1990s are no longer successful. Based on these analyses, the class will develop and submit recommendations for reforms to US, African, and international laws and practices to two groups established under the Executive Order: (1) the President's Wildlife Trafficking Task Force, which is chaired by the Secretaries of State and Interior and the Attorney General; and (2) the Wildlife Trafficking Advisory Council, which is composed of outside experts who are advising the Task Force. (Professor Hayes is an appointed member of the Advisory Council.) Elements used in grading: Class Participation, Attendance, Final Paper. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413Q:
Policy Practicum: Constitutional Design in Libya: The Division of National & Provincial Powers
Libya's government has experienced significant strains stemming from various interest groups and armed militias calling for federalism. The General National Congress, elected in 2012, is mandated to form a government, promulgate legislation for Libya's transitional period, and establish a constitution-drafting entity. A de facto federal structure has emerged since the fall of the Qaddafi regime, and it appears that a federal state structure is the only way forward for Libya. Even a decentralized framework may be threatened, however, if it does not clearly delineate the powers of the executive heads of provincial territories. Students in this Practicum will work to support the Public Interest Law and Policy Group PILPG), a pro bono international law firm, which in turn is providing advice to civil society groups in Libya. To assist PILPG in supporting its clients' engagement on constitutional issues and decentralization, students in this Practicum will develop a legal memorandum analyzing comparative state practice of the distribution of powers between the national executive and provincial level executives in federal or decentralized states. The memorandum will address approaches states have taken on key issues such as whether the national executive can remove the heads of provincial governments; whether the provincial executive has a role in national-level policies; whether provincial executives maintain any control over the military; and whether the provincial executives' powers can supersede the national executive's powers on certain regional issues. State practice from the Middle East and North Africa region will be of particular relevance to PILPG's Libyan clients, but state practice examples will ultimately be selected based on their value in explaining or illustrating mechanisms and processes that shed light on the efficacy of different approaches to distributing powers between national and provincial executives. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Elements used in grading: Class participation, Written Assignments.
Last offered: Winter 2014
| Units: 1
| Repeatable
4 times
(up to 8 units total)
LAW 413R:
Policy Practicum: The National Environmental Policy Act: Pushing the Reset Button
This policy lab will focus on recommendations for the reform and modernization of the National Environmental Policy Act (NEPA) -- the granddaddy of our environmental laws. NEPA is a disclosure statute which requires that before federal officials can issue a permit, commit federal funds, or otherwise take an action that may have a significant impact on the environment, decision-makers must have the opportunity to review an Environmental Impact Statement (EIS) that analyzes the potential environmental consequences of the proposed action and its alternatives. Many critics from both the right and left are dissatisfied with the way that NEPA and its state analogues are being implemented, prompting some legislators to advocate statutory overrides and agency officials to expand the use of categorical exemptions. Meanwhile, NEPA proponents are interested in making the environmental review process more user-friendly and efficient, while preserving its core disclosure requirements. In this policy lab, students will review, analyze, and develop positions on potential NEPA reform options. Students will interact with NEPA experts at the White House¿s Council on Environmental Quality (CEQ) and produce work product that CEQ can use as it responds to Congressional and outside pressure to reform the NEPA process. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Elements used in grading: Class Participation, Attendance, Final Paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413S:
Policy Practicum: Carbon Pollution Standards and Carbon Taxes
This policy lab seminar will address the ongoing effort by the Environmental Protection Agency to reduce carbon pollution from electric power plants. The EPA is currently in the process of writing New Source Performance Standards for new and existing coal and natural gas fired electric power plants. A critical question in writing these rules will be the extent to which EPA can allow for economically efficient approaches to cutting emissions. States, including California, industry, and environmental groups are all pushing EPA to incorporate some sort of emissions pricing as either a safe harbor or to propose it as a Federal Implementation Plan that States may choose to join. By doing so, not only will costs fall for regulated sectors but also, deeper cuts in emissions may become feasible. Almost all parties expect, based on prior precedent, that such a proposal will take the form of a cap-and-trade or at least some sort of mass-based cap on emissions. Adele Morris, the Policy Director for the Climate and Energy Economics Project at the Brookings Institution, has asked for our assistance in formulating and assessing the legal implications of an alternative proposal - a carbon tax. Students will prepare briefings and written comments to EPA and OMB explaining the potential benefits of a carbon tax approach to New Source Performance Standards as well as exploring the legal risks that might be created by this approach. We anticipate that students will also participate in briefings with key OMB and EPA Air and Radiation staff involved in drafting the proposed rule. The New Source Performance Standard rulemaking for greenhouse gases is the most environmentally and economically significant regulatory effort that EPA will undertake this decade. Partnering with Brookings will allow us to both leverage legal and economic expertise and to inject students into the most exciting environmental policy making currently underway in the United States. Doing so now, before the draft rule is published, allows us to exert maximum influence before the agency loses flexibility to respond to outside input. To develop skills relevant to the work of practicing lawyers, students will research and write parts of memos and written comments to EPA and OMB on behalf of Morris based on their research into various legal and policy aspects of Clean Air Act Section 111 as applied to the problem of power plant emissions. These assignments, for Writing (W) or Professional Writing (PW), or Research (R) credit, will be due before the end of the quarter. Students must obtain the instructor¿s approval of their election to take the course for writing (PW or W) or research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413T:
Policy Practicum: Human Rights in the Americas: the Inter-American System
In this practicum, students will contribute to analyses of the current state of human rights in the Americas and, in particular, to analyses of areas of focus for the Inter-American Commission (the "Commission"). Students will become familiar with international and regional standards in human rights and with the procedures, history and practice of the Commission and will contribute, through their policy analysis, to the work of the Commission. Working independently and/or in teams, students will prepare studies on situations of rights abuse, as well as on best practices across the region. The scope of students' work product will expand as they acquire more expertise with international standards and transnational comparative tools in policy analysis. Fluency in Spanish or Portuguese helpful, but not required. One or more students may travel in conjunction with this practicum to sessions of the Inter-American Commission in October/November 2014. This course will be offered in the Fall of 2014. While priority will be given to students who enrolled in the course in the Spring of 2014, all students are encouraged to apply. Special Instructions: Students must enroll with a minimum of 3 units, but are encouraged to enroll in 4 units. This class meets the PW requirement. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Students who have taken the practicum in the Spring of 2014 have consent to take this course in the Fall of 2014 and need not file a Consent Application. Elements used in grading: Class Participation, Attendance, Written Assignments.
| Units: 3-4
| Repeatable
2 times
(up to 8 units total)
LAW 413U:
Policy Practicum: Next Steps in Network Neutrality
Earlier this year, the Court of Appeals for the D.C. Circuit struck down the Federal Communications Commission's Open Internet rules. This policy practicum will help policy makers assess the available options in the wake of the court's decision. In December 2010, the Federal Communications Commission (FCC) adopted the Open Internet Order, which enacted binding network neutrality rules for the first time. Network neutrality rules limit the ability of Internet service providers to interfere with the applications, content and services on their networks; they allow users to decide how they want to use the Internet without interference from Internet service providers. In January of this year, the Court of Appeals for the D.C. Circuit struck down the core provisions of the Open Internet Order - the rules against blocking and discrimination. The decision combined two wins for the FCC with one decisive loss. According to the Court, the FCC has authority to regulate providers of broadband Internet access service under Section 706 of the Telecommunications Act of 1996, and the FCC's justification for the Open Internet Order is "reasonable and supported by substantial evidence." The no-blocking and non-discrimination rules, the Court found, however, violate the Communications Act's ban on imposing common carrier obligations on entities like Internet service providers that the FCC has not classified as telecommunications service providers under Title II of the Communications Act. As a result of this ruling, Internet service providers like Verizon, AT&T or Cox Cable that connect users to the Internet are now free to block any content, service or application they want. They can slow down selected applications, speed up others, or ask application or content providers like Netflix or Spotify to pay fees to reach their users. These practices would fundamentally change how we experience the Internet. In the wake of the Court's decision, policy makers, stakeholders and observers are debating how to best ensure that the Internet remains open and free. Policy makers essentially have three options: First, the FCC can preserve the Open Internet Rules by reclassifying Internet service as a telecommunications service under Title II of the Communications Act. Second, it can develop a different, narrower network neutrality regime under Section 706 of the Telecommunications Act within the boundaries established by the Court of Appeal's decision. Finally, Congress or the FCC can adopt a new network neutrality regime, but only, in the case of the FCC, after reclassifying Internet service as a telecommunications service. In mid-February, the Federal Communications Commission opened a docket within which to consider how the Commission should proceed. Special Instructions: Upon consent of the instructor, students may choose enrollment Option 1 or Option 2: Option 1 (3 units) - Students who elect Option 1 will research and write parts of white papers and comments to the Federal Communications Commission that will help policy makers assess the available options. In special cases, students electing Option 1 may take the policy practicum for 2 units. Students interested in this option should indicate this on their application. Option 2 (1 to 2 units) - In order to elect Option 2, students must concurrently enroll (with consent of instructor) in the seminar component, "Current Issues in Network Neutrality" (2 units), which meets Thursdays from 4:15pm-6:15pm. Students in the policy practicum with the seminar component will research and write parts of white papers and comments to the Federal Communications Commission that will help policy makers assess the available options Students will be required to attend the seminar and participate in the discussion, but will not do any of the written assignments for the seminar. Depending on the type of work in Option 1 or Option 2, students taking the policy practicum for two-units or more may receive professional writing (PW) or research (R) credit. Students must obtain the instructor's approval of their election to take the course for writing (PW or W) or research (R) credit. After the term begins, students accepted into the course can transfer from the W/PW writing section (01) into section (02), which meets the R requirement, with consent of the instructor. The class is open to law students and students from other parts of the university. It does not require any technical background. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Spring 2014
| Units: 1-3
| Repeatable
4 times
(up to 8 units total)
LAW 413V:
Policy Practicum: Law and Economics of the Death Penalty
This is the practicum component of the Law and Economics of the Death Penalty Seminar. See Law and Economics of the Death Penalty Seminar (Law 397) for a detailed course description. Students who take the practicum component must attend the 9 seminar class meetings and do all reading and writing assignments of the seminar except that instead of writing a final paper of their choosing they will focus on actual policy or litigation work that will be arranged with various death penalty abolition groups. Only students enrolled in the Law and Economics of the Death Penalty Seminar (whether for two or three units) may enroll in the practicum component for two additional units. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Autumn 2014
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413W:
Policy Practicum: Expanding Access to Justice in California Courts for Limited-English Court Users
This policy practicum will offer recommendations to the California Supreme Court Chief Justice Tani Cantil-Sakauye, Associate Justice Maria Rivera (First District Court of Appeal), Hon. Manuel Cavarrubius (California Superior Court, County of Ventura) and members of the California Judicial Council to increase access to justice for limited English proficient (LEP) court users. The project interacts with the process of the Joint Working Group for California's Language Access Plan and assists development of a response to a U.S. Department of Justice notice that certain Court policies and procedures may be inconsistent with Title VI of the Civil Right Act of 1964 and its implementing regulations. Numerous state and local laws are also implicated by a potential lack of access for LEP court users. The California Commission on Access to Justice estimates that well over 7 million Californians, almost 20% of our state's population, "cannot access the courts without significant language assistance, cannot understand pleadings, forms or other legal documents and cannot participate meaningfully in court proceedings." Through fieldwork, literature review, legal research, and interviews with relevant participants and stakeholders students will identify challenges facing LEP litigants. Students will interview and consult with such parties as the Chief Justice, appellate court judges, state bar leaders and other attorneys, members of the Language Access Task Force of California, and individual stakeholders to develop recommendations for potential reform options, including whether the use of such technologies as video remote interpreting (VRI) can expand access to justice for LEP litigants. Students will be asked to produce written materials (findings and recommendations) as well as make oral presentations to California judges, Judicial Council staff, and others at meetings at each quarter. This policy practicum will be offered Fall 2014 and Winter 2015. We encourage students to participate both quarters if they are able to do so. Students should also note that field work will require some number of students to engage in overnight travel for court observation and local interviews in areas outside the Bay Area. Your availability to take the practicum both quarters and to travel for field research should be noted in your consent form. Students have the option to write papers for PW or R credit. If the paper involves independent research, then it will be eligible for R credit. The instructor and student must agree whether the student will receive an R or a PW. After the term begins, students accepted into the course can transfer from the PW writing section (01) into section (02), which meets the R requirement, with consent of the instructor. The practicum must be taken for at least two-units or more to receive R or PW credit. Elements used in grading: Class Participation, Attendance, Written Assignments. Oral presentations to judges, commissions and California Judicial Council representatives, quality of research. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2015
| Units: 1-4
| Repeatable
4 times
(up to 8 units total)
LAW 413X:
Policy Practicum: Designing a Social Impact Bond for Santa Clara County Mental Health
Social impact bonds, also called "Pay for Success" initiatives, are an innovative finance mechanism through which investors provide the funds for organizations to provide social services at the request of a government entity. These investors may be repaid, with interest, depending on the organizations' success in achieving specified outcomes. The most noteworthy examples to date involve pay-for-success schemes to reduce recidivism in the UK, Massachusetts, and New York City prisons. Santa Clara County will soon issue a request for proposals for a social impact bond to reduce the hospitalization of mentally ill patients at the Santa Clara Valley Medical Center. It has retained Third Sector Capital Partners as an advisor and Keith Humphreys, Ph.D., Professor and Section Director for Mental Health Policy in the Department of Psychiatry and Behavioral Sciences at Stanford University, as the evaluator. Students in this Policy Lab practicum will work with Dr. Humphreys, the Santa Clara County Counsel's Office, and Third Sector to develop the scheme, including designing clear metrics for success and undertaking a cost-benefit analysis of the de-institutionalization of mental health patients. It is likely that we will collaborate with faculty and students from other schools and departments having particular expertise in cost-benefit analysis and evaluation. Special Instructions: Total enrollment in this course will be limited to 12 (4 SLS students, 4 Medical School students & 4 other). A preference will be given to students who can enroll for both the Autumn and Winter quarters. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Cross-listed with Psychiatry (PSYC 213).
Last offered: Spring 2015
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 413Y:
Policy Practicum: Catalyzing Nature-Based Coastal Flood Mitigation and Adaptation
Recently, several perilous and costly flood events have raised public awareness of the threats posed by coastal and riverine floods nationally. It is likely that with climate change, the frequency of heavy precipitation will increase in some areas over the 21st century, and that the return interval of flood events will decrease, greatly increasing overall flood risk. Traditionally, flood mitigation has occurred through the use of hard engineering - seawalls, revetments and levees. However, natural habitats and ecosystems also offer significant, and often overlooked and undervalued protections in mitigating or buffering flood hazards. Hazard mitigation plans and conservation project plans very rarely explicitly recognize the protective value of natural habitats, even though this value has been well documented. Moreover, hazard mitigation agents and environmental conservation organizations seldom work together, although recent catastrophic events highlight why it would make sense to do so. FEMA Region IX and The Nature Conservancy in California have recognized this and wish to develop a paradigm for working together to promote nature-based flood mitigation, and have asked for our help. Students in this practicum will: (a) Identify a coastal community with areas of both high flood risk and conservation value; (b) Design a nature-based strategy for risk reduction, which could include managed retreat and/or other mitigation/adaption tactics; (c) Identify available resources/programs/incentives for and barriers to implementation at the local, state and federal levels; (d) Design a process for enabling the community to avail themselves of these resources; and (e) Comment on how laws, regulations and programs could be changed to better facilitate nature-based flood risk reduction. Students will also provide insight into the transferability of this approach beyond the study area. Elements Used in Grading: Class Participation, Attendance, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2015
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413Z:
Policy Practicum: Endstage Decisions: Health Directives in Law and Practice
Medical decisions toward the end of life can be crucial and difficult for patients, doctors, and the families of patients. Law and medicine have been struggling to find ways to strike a balance between what the patients might want (or say they want), and what makes medical, economic, and ethical sense. People have been encouraged to fill out "Advanced Health Care Directives," which give guidance to doctors and surrogates (usually a family member) on what to do when faced with end-of-life dilemmas. Another form, adopted in just over half the states (including California) is the POLST form (Physician Orders for Life-Sustaining Treatment). The two types are supposed to complement each other, but they are different in important ways. The Advanced Health Care Directive expresses what a person wants, or thinks she wants, and/or appoints a surrogate, in case the patient is unable to express her wishes. Anybody can fill out a Directive, at any time of life. Ideally, a copy goes to the surrogate, if one is appointed, and another to the primary care physician. The POLST form is meant for people who are seriously ill. It is a one page form, printed on bright pink paper. It is signed by patient and doctor. The directives (for example "no artificial nutrition by tube") are supposed to be controlling; the patient, of course, can change her mind; but there is no surrogate. It is an agreement between the patient and the doctor. Who uses these forms? How effective are they? To what extent and in what situations are they useful? In what situations are they not useful? Can they be made more useful and, if so, how? There has been research on the subject; and a major report on the end-of-life issue (originally due out in December) will be released this summer. The class will look at some of this literature, but the main point will be to find out what local hospitals and nursing homes are doing. Students will conduct interviews with doctors, nurses, and other health care specialists in order to find out what one might call the living law of the Directive and of Polst. The aim is to get a more realistic picture of the situation in the area: how are these forms used, when are they used, what has the experience of health care professionals been; perhaps also some insight into the experience of patients and family members. The ultimately goal would, one hopes, be policy recommendations for improvements in the forms themselves, and the laws relating to the forms, along with recommendations for ways to improve the way the forms are or can be used; or whether some entirely different approach to the problem might be needed. Stanford Hospital and Clinics will be the client in researching and addressing the above questions. Elements used in grading: Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Aut, Spr
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 414A:
Policy Practicum: Central Valley Habitat Exchange
This policy lab will assist in developing more flexible and effective wildlife habitat mitigation tools for use in California's Central Valley, a landscape that presents the challenge of taking advantage of the habitat potential provided by working agricultural lands. Habitat mitigation is an important tool under a variety of environmental and wildlife protection statutes, both state and federal. Current regulatory frameworks usually require that habitat mitigation employ permanent easements or long-term contracts fixed in particular locations, despite the fact that species have changing habitat needs. Many species are migratory and must move across the landscape to survive; a changing climate and shifting human activity only increase the dynamic nature of habitat needs. To ensure that species and their habitat are protected in the most effective manner possible, legal and policy frameworks must be structured to address this and other challenges. Additionally, there is a need for a robust market mechanism that recognizes the inherent natural capital and species habitat provided by working agricultural lands, and compensates landowners for the value of those resources. In the face of significant upcoming conservation and mitigation needs for California, new policies and regulatory frameworks are necessary, and must be rooted in rigorous science, be consistent with existing legal frameworks, and accomplish the dual goals of promoting species recovery and maintaining agricultural production. Students in the Law and Policy Lab will analyze cutting edge issues related to species habitat and protection. They will help provide recommendations to the Central Valley Habitat Exchange (CVHE) in the development of more flexible and marketable habitat mitigation tools that can be used under a variety of programs, including the Endangered Species Act, the Clean Water Act, state wildlife laws, and the Bay Delta Conservation Plan. The CVHE is a new initiative taking advantage of the emerging market of habitat credits by maximize the benefits of the habitat that willing agricultural landowners can provide. The CVHE will facilitate investment in conservation and restoration of vital and dynamic Central Valley floodplain and riparian habitat by promoting, monitoring and assisting in the exchange of habitat credits. Students will tackle issues of permanence and change from legal, policy, economic, and scientific perspectives, depending on their existing skill set and research needs. During the quarter, visitors from the CVHE Working Group - which includes members from national environmental non-profits, government agencies, and the private sector - will share their perspectives, and students will be invited to present their findings and make recommendations to help inform development of the CVHE. The course will meet at a mutually convenient time that will be chosen after the quarter begins. Meetings will include a mix of individual meetings and group meetings. Special Instructions: This practicum is offered in autumn quarter and winter quarter. Students enrolled in autumn quarter who intend to continue with the practicum will be given preference in winter quarter. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for contact information and submission deadline. Elements used in grading: As agreed to by instructor.
Last offered: Winter 2015
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 414B:
Policy Practicum: Analyzing Alternative Laws and Policies for Psychoactive Drugs
Four states have already legalized marijuana, and there is a strong likelihood that California will significantly change its marijuana laws This practicum works closely with a policy client to assess alternative options for California marijuana laws. We will examine possible options through many lenses, including moral philosophy, welfare economics, neuroscience and medicine, criminal justice, and political analysis. Students will gain exposure to such policy analysis methodologies as epidemiology, econometrics, quasi-experimentation, simulation modeling, and cross-national case studies to identify and analyze options and likely tradeoffs to help the client and the citizens of California make informed choices. Elements used in grading: Class Participation, Attendance, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 414C:
Policy Practicum: Strategic Litigation in Global Context
Students will work with litigators at the Open Society Justice Initiative, a law center housed inside a global foundation, on a comparative research project exploring the impacts of strategic litigation in the public interest. The resulting publication aims to assist strategic litigators, social change actors and rights activists in understanding the promise, risks and complexity of the burgeoning global practice of strategic litigation and in wielding this specialized justice tool more skillfully. The autumn practicum will culminate in a conference at the Law School in December 2014 before an international audience of practitioners, with the possibility of student papers appearing in a conference compilation. Students who are available both autumn and winter quarter may continue their work on the project through the winter. The project on the impacts of strategic litigation will examine how legal judgments - both positive and negative - and the ensuing record of implementation have influenced, together with other tools of change, the advancement of human rights in a variety of settings. Over the course of the Practicum, students will explore one or more of the following human rights themes: equal access to quality education, the death penalty, disability, housing rights, land rights and/or state-sponsored violence/torture. Cases will be drawn from domestic courts across the globe, as well as regional human rights tribunals and UN treaty bodies. Specific questions to be examined include: What contributions to social, political and legal change has strategic litigation made on particular issues in particular places? What were the conditions, circumstances and manner in which litigation was pursued (in conjunction with other tools) which enhanced its contribution(s), and which diminished them? What does comparative experience teach about the risks and trade-offs involved in deciding whether, when and how to litigate so that it generates the strongest and most enduring impacts? There is a preference for students who can enroll for both autumn and winter quarter. Elements used in grading: Class Participation, Attendance, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Autumn 2014
| Units: 3-4
| Repeatable
2 times
(up to 8 units total)
LAW 414D:
Policy Practicum: Copyright Policy Practicum
One of today's great challenges for creative production on and off the Internet is to connect creative users of copyrighted works with the works' owners quickly and cheaply in order to enable licensed uses. With the United States Copyright Office as its client, this practicum will develop a feasibility study/rough prototype for a Web-based copyright clearance system. Law students will work with computer science and business students to inventory existing sources of copyright ownership information; explore with the managers of these sources (including the Copyright Office) protocols for integrating the sources in a Web-based platform; explore use protocols with potential copyright users; develop strategies for gathering ownership data that do not presently reside in databases; and develop (and possibly implement) criteria for platform-enabling software. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for contact information and submission deadline. Elements used in grading: Class Participation, Written Assignments.
Last offered: Spring 2015
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 414E:
Policy Practicum: Legal and Policy Tools for Preventing Atrocities
In 2012, at the U.S. Holocaust Museum and Memorial, President Obama announced the adoption of a comprehensive global strategy to prevent atrocities. This strategy is based on a set of recommendations generated by a comprehensive interagency review of the U.S. government's capabilities mandated by Presidential Study Directive 10 (PSD-10) of 2011. In unveiling this major new initiative, President Obama underscored that Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States. Foundational to the PSD-10 recommendations was the creation of a high-level interagency Atrocities Prevention Board (APB) to monitor at-risk countries and emerging threats in order to coordinate the U.S. government's responses thereto. The National Security Staff's Senior Director for Multilateral Affairs and Human Rights convenes the APB. Since being established in 2012, the APB has worked to amass and strengthen a range of legal, diplomatic, military, rhetorical, and financial tools for atrocity prevention. Although the APB is a U.S. initiative, it also aims to build multilateral support around the imperative of prevention, working with the U.N. Office on Genocide Prevention and the Responsibility to Protect, regional organizations such as the International Conference on the Great Lakes Region, and committed partner states, such as Tanzania, Switzerland, and Argentina. The proposed policy lab would support the APB primarily through one of its constitutive entities, the Office of Global Criminal Justice (GCJ) in the U.S. Department of State. GCJ is headed by an Ambassador-at-Large (Assistant Secretary equivalent) and a Deputy (a position I held from 2012-2013) and advises the Secretary of State and the Under Secretary for Civilian Security, Democracy, and Human Rights on U.S. policy addressed to the prevention of, responses to, and accountability for mass atrocities. Additional client agencies and offices will include the Department of Justice, the National Security Council, the Department of the Treasury, the Agency for International Development (USAID), and other State Department Offices, such as the Bureau of Human Rights, Democracy & Labor and the Bureau of International Organizations. Depending on student interest, I envision the lab taking on a range of projects devoted to (a) strengthening existing tools, (b) developing new capabilities, (c) evaluating the efficacy of past efforts in order to glean lessons learned, and (d) gathering best practices from other states and entities engaged in similar endeavors, all with an eye toward developing concrete recommendations for future action. 1. Regulating the Transfer of Arms in the Service of Atrocities Prevention: In 2013, the U.N. General Assembly adopted the Arms Trade Treaty (ATT), regulating the international trade in conventional arms (which include everything from small arms to battle tanks, combat aircraft, and warships). According to Article 6(3) of the treaty, States Parties (of which there are now 40) are barred from authorizing the transfer of covered conventional weapons if officials have knowledge that the arms would be used in the commission of genocide, crimes against humanity, or war crimes. States Parties are obliged to take measures to implement the provisions of the treaty, including through an effective and transparent national control system. In September 2013, the United States signed the treaty but the President has not yet submitted it for ratification. This project would devise proposals for how states can best implement their treaty duties under Article 6(3) with an eye toward generating model regulatory language based on analogous treaty regimes. 2. Designing Commissions of Inquiry in Support of Accountability: The Under-Secretary of Civilian Security, Human Rights, and Democracy would benefit from advice on how to maximize the impact of the commissions of inquiry (COIs) that are established, usually by the Human Rights Council in Geneva but occasionally by the U.N. Security Council, to document the commission of international crimes in armed conflicts and repressive states. The project would collate the various mandates, methodologies, outcomes, and impact of prior (and current) COIs with an eye toward developing best practices and recommending ways that future COIs can be designed to better contribute to processes of accountability for the crimes they document and the perpetrators they identify. In particular, students would propose options for better leveraging lists of perpetrators for accountability purposes, such as by sharing with national immigration and prosecutorial officials. 3. According and Withholding Foreign Official Immunity: The Department of Justice (Human Rights & Special Prosecutions Unit) is keenly interested in gaining a better understanding of the principles of immunity governing foreign officials. Although they would welcome any up-to-date guidance on background legal principles, they are hoping in particular to get more clarity on the actual practice of states in claiming, and according, such immunities, including the historical practice of the United States. The research and recommendations on when the according of immunity should be resisted would inform their prosecutorial practice vis-à-vis state actors accused of the commission of international crimes as well as their negotiations with the Department of State with respect to assertions/suggestions of immunity. 4. Surveying the Efforts of Others: A number of other states, multilateral entities, non-governmental organizations (NGOs), and United Nations offices are also devoted to preventing atrocities in at-risk or volatile states and to inhibiting the escalation of violence once underway. Although the APB is committed to working multilaterally, it has yet to undertake a comprehensive survey of policies developed by other governments and non-governmental entities in this regard. This project would gather this information in order to identify partnership opportunities and identify policies worthy of emulation. As with all policy labs, students would develop a more fulsome project proposal and work plan with the client entity and prepare mid-term and final reports. The proposed projects, and others that might be developed, will give students the opportunity to develop an expertise in: * elements of U.S. foreign policy, * the challenges of interagency and multilateral coordination, * the process of designing and implementing governmental aid and programming, *techniques of treaty interpretation and implementation, * the packaging legal constraints in policy terms, * developing valid metrics for evaluating successes and failures in circumstances characterized by acute uncertainty and multiple variables, and * comparative law and policy. Over the course of the semester, students should improve specific policy analysis skills (e.g., research design, data collection and analysis, and policy writing) as well as general professional skills (analytical thinking, project management, client relations, teamwork, and oral presentation). Because the APB is a new interagency initiative, with no clear precedent, the policy lab will also offer students a blue ski opportunity to think creatively about ways the U.S. government can balance the equities of its various agencies -- and inspire international partners -- to respond effectively to the pressing global challenge of preventing mass atrocities. Course must be taken for at least two units to meet "R" (Research) requirement. Elements used in grading: Class Participation, Written Assignments, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook.
Terms: Aut, Win, Spr
| Units: 2-4
| Repeatable
4 times
(up to 8 units total)
LAW 414F:
Policy Practicum: Rethinking Penal Code Enhancements in California
The Stanford Criminal Justice Center was approached by the Chief Justice of California to advise the judiciary, and indirectly the Legislature, on potential revisions to the California Penal Code. The California prison system remains under federal court control for unconstitutional overcrowding, and the federal court is loath to terminate the injunction without some reassurance of reforms that might prevent the overcrowding from recurring. In the absence of a state sentencing commission, the Chief Justice believes that we at Stanford can perform a fresh new analysis of the parts of the Penal Code that most merit review, in terms of their undue complexity, their arguably disproportionate severity, and the possibility that they are major drivers of the size of the prison population. Enhancements are an incredibly complex part of the Penal Code. Tens of provisions, many of them obscure even to judges, allow for very large upgrades to sentences because of aspects of conduct that are said to aggravate the underlying crime. (Please note that while some of the enhancements under review involve prior crimes, we are not dealing with the Three Strikes Law.) The Chief Justice's administrative arm, the Administrative Office of the Courts (AOC), acknowledges that no one has performed even a statutory analysis of the overall scheme of enhancements, much less any empirical effort to connect them to prison inputs. This will likely be a multi-term Policy Lab that will ultimately gather data to attempt this empirical analysis, but the first term effort is more circumscribed. A team of students will undertake the mapping of the statutory terrain - a charting of all the enhancements in the Penal Code and the many cross-permutations of these enhancements and the crimes to which they attach, and as a first empirical cut, identification of the permutations of crime and enhancements that are most often charged in California. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for contact information and submission deadline. Elements used in grading: As agreed to by instructor.
Last offered: Winter 2015
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 414G:
Policy Practicum: Energy and Environmental Governance
Important energy and environmental initiatives cut across many agencies in the federal government, leading to significant policymaking and implementation challenges. Many of the agencies operating in the energy and environmental sphere have overlapping jurisdictions, but they also have different missions, priorities, and resources that push them toward agency-specific policies and programs and away from cross-cutting, government-wide initiatives. The result has been sub-optimal federal implementation of clean energy solutions, responses to climate change, the coordination of regulatory and permitting activity, and the like. In this SPRING QUARTER policy lab (3 units), students will work with the Center for American Progress (CAP) and the Office of Management & Budget in Washington to scope out the governance challenge and to review and analyze administrative tools (e.g., Executive Orders; Presidential Memoranda; inter-agency Task Forces; budget-led initiatives, etc.) that have been used to address it. Students will develop candid assessments of successes and failures and seek to identify common ingredients that may help predict the efficacy of cross-agency efforts. The policy lab will produce a report to CAP that should assist future Administrations in deploying more effective administrative governance tools in the energy and environmental arena. Elements used in grading - Individual and Team Development of Written Analyses and Policy Recommendations . NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 1-3
| Repeatable
3 times
(up to 8 units total)
LAW 414H:
Policy Practicum: Preparing for Transition in Syria
Syria is in the midst of a devastating civil war, during which almost 200,000 persons have been killed, many more have been injured, and millions have been displaced. One major coalition of Syrian opposition groups, known as the National Coalition for Syrian Revolution and Opposition Forces, or the Syrian National Coalition, seeks to replace the current Syrian government, led by President Bashar al-Assad. As the Coalition plans for a post-Assad transition, it has encountered a number of legal and policy challenges that implicate international law, international relations, and administrative problems. Students will support the Public Interest Law and Policy Group, which is working closely with the Coalition, to provide legal advice on legal issues identified by the opposition as likely to arise in the event negotiations to resolve the Syrian conflict resume. Elements used in grading: Class Participation, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT: Contact Professor Weiner at aweiner@stanford.edu.
Last offered: Winter 2015
| Units: 1
| Repeatable
8 times
(up to 8 units total)
LAW 414I:
Policy Practicum: Procedural Reform at the California Public Utilities Commission (CPUC)
The CPUC is an administrative agency headquartered in San Francisco that regulates electricity, natural gas, telecommunications, water, and transportation. Many of its decisions (both adjudicatory decisions and regulations) are of enormous importance to the California economy. The proceedings to adopt these decisions are often lengthy and complex. The CPUC is interested in working with the Stanford Law and Policy Lab to consider procedural reforms to promote transparency and efficiency in its decisionmaking. There are three areas of potential procedural reform that the Policy Lab might consider. Which of the areas are selected for study will be decided after discussion between the CPUC, the supervising professor, and students enrolled in the practicum. i) Ex parte communication rules. Ex parte communications between outsiders and PUC decisionmakers are prohibited in adjudicatory cases; permitted in ratemaking cases but must be disclosed; and permitted in rulemaking without disclosure. Some CPUC decisionmakers believe that ex parte communications are essential to enable them to properly consider different points of view and to facilitate timely decisionmaking. Others view such communications as inherently unreliable and as undermining the transparency and accountability of the agency. The CPUC is interested in studying this problem and considering amendments to relevant statutes and regulations. ii) Open Meetings law. The Bagley Keene Act requires the CPUC to conduct open meetings when a quorum of its 5 commissioners meet. Bagley Keene has, in practice, effectively prevented the CPUC from properly managing its operations and engaging in useful deliberation. The CPUC and the Little Hoover Commission are considering whether to seek an amendment to Bagley Keene in order to permit more coordination and collaboration among CPUC Commissioners. iii) Evidence rules. The "residuum rule" requires that on judicial review of an agency decision, the record must contain at least some evidence, other than hearsay, to support the agency's findings and conclusions. A recent court decision has said the CPUC is subject to the residuum rule because it has been declared CPUC policy. A variety of evidence (such as studies by other government agencies) often comprise the underpinning of CPUC decisions and may not come under any hearsay exception. As a result, the residuum rule could compromise the efficiency of CPUC proceedings and risk reversal of future decisions on technical evidentiary grounds. The CPUC is interested in investigating potential solutions for remedying this problem. This practicum will carry two units of credit. It will be supervised by Visiting Professor Michael Asimow. Students will be expected to do field work and legal research and write a paper that makes policy proposals in one or more of the three areas discussed above. Enrollment is limited to three students and will be graded under the H/P/R/F system. Grades will be based on the level of a student's participation and the quality of the final paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Last offered: Winter 2015
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 414J:
Policy Practicum: Designing a Children's Coordinating Council
The Lab would work with the San Francisco Mayor's Office, helping create the structure for a new "Our Children, Our Families Council" that was established by a recent amendment to the City's charter. It is tasked with coordinating the City's efforts, and aligning with the SF Unified School District, to better support children, youth and families. In the lab, we would look at other places that have established children's councils in order to see how they are made to work most effectively, examine the current landscape of policy activity related to children, youth and families in SF, and help shape initial structures and plans for the Council. Special Instructions: Not open to 1Ls. Requires early commitment. Minimum number of students required. Elements used in grading: Class Participation, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2-4
| Repeatable
3 times
(up to 8 units total)
LAW 414K:
Policy Practicum: Veterans Research
The Stanford Veterans Policy Practicum will explore the possibilities for veterans policy research programs at Stanford. The course is open to Stanford students from all departments, and will focus on researching the current disposition of veterans research at academic and research institutions nationwide, with a particular emphasis on entities and individuals engaged in conducting policy research. Through our research, we hope to identify the key entities, offices, and individuals engaged in veterans-related work, what they have studied and are studying, how they are funded, what models they use to operate and conduct research, how they publish their work, what impact their work has on policy and practice, and any other relevant information. Students interested in particular veterans policy issues are encouraged to study related research programs and all students will develop a strong understanding of veterans policy issues, the body of existing research on veterans issues and the current research framework. Students will present their research and findings in a suitable format, and there will be opportunities for students who choose to continue their work after the term. Elements used in grading: Class Participation, Attendance, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 414L:
Policy Practicum: Race, Gender and Prosecution
This policy practicum will focus on the gender and racial diversity of prosecutors' offices in California. Although police departments have collected and reported data on racial and gender diversity for decades, no similar information has been publicly available for prosecutors' offices, despite the longstanding belief that diversity is important for criminal justice decision makers. Recent controversies around the country about the investigation and prosecution of killings by police officers have only underscored the continued importance of attention to the role that race plays in the administration of justice in our country. This practicum builds off data collected from county prosecutors' offices in California to start a national conversation on prosecutorial diversity and how it affects decision-making and operations of justice. Students will expand the study with research on other states and/or the federal criminal justice system, organize a national roundtable to identify ways to improve staff diversity in prosecutors' offices, and conduct case studies on select California county prosecutors' offices. Elements used in grading: Class Participation, Attendance, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook.
Terms: Aut
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 414M:
Policy Practicum: Policing and Data Innovation
This course will place students in projects with a local Police Department. Each student will work as part of a team that will communicate and work directly with Department officials. The projects will focus on one of three areas where the Dept. seeks to improve its operations. One project will examine ways the Department might better elicit and receive feedback from community members. Another project will examine how the Dept. might better use the information from the stop data forms that its officers complete. A third project will consider the use of body worn cameras. Each student team will produce a written report and present its findings to Dept officials. Elements used in grading: Class Participation, Attendance, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2-4
| Repeatable
4 times
(up to 8 units total)
LAW 414N:
Policy Practicum: Campaign Finance Reform
This Policy Lab will engage students who are interested in campaign finance reform and/or the future of political communication on the Internet. The research projects students will undertake involve the effect of the transition from television to the internet as the principal mode of political campaigning. Research will include assessments of candidate, party and independent spending on different forms of communication in the ongoing presidential election campaign, investigation into rules for political communication on major internet platforms (e.g., Facebook, Google/YouTube, Twitter), and review of the relevant literature on campaign finance and political communication. The client is the Bipartisan Policy Center in Washington, DC, which will house a campaign finance reform commission that will be tracking developments during the 2016 campaign. Opportunities for research on campaign finance issues, more generally, will also be part of this policy lab in subsequent months. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Research memo and individual meetings with the professor. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Aut, Win, Spr
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 414O:
Policy Practicum: Copyright Licensing
The Copyright Licensing Policy Practicum will involve creating licensing structures for the automated licensing of photographic images as part of an ongoing Practicum project for the US Copyright Office. Special Instructions: After the term begins, students accepted into IP: Copyright Licensing: Principles, Law and Practice (LAW 625) may concurrently enroll in this practicum with consent of the instructor. In other words, students must be enrolled in IP: Copyright Licensing: Principles, Law and Practice to enroll in this practicum. See IP: Copyright Licensing: Principles, Law and Practice course description for enrollment instructions. Elements used in grading: Class Participation, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook.
Terms: Win, Spr
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 414P:
Policy Practicum: Impact Investing In Developing Countries: Legal Institutions and Work-Arounds
What legal institutions are important to the success of businesses serving the world's poorest people, and what are feasible work-arounds when those institutions are absent? An increasing number of business enterprises in developing countries, including India and much of Africa, seek to provide health, sanitation, housing, savings, insurance, and other essential services to the very poor. But many of them operate in countries that lack stable property rights, independent judiciaries, and other elements of the "rule of law" that investors and entrepreneurs take for granted in more developed countries. We will study how entrepreneurs operate and attract investors in these situations. The first phase of the project will involve in-depth interviews with and data gathering from foundations, funds, and other institutional investors who have a sophisticated knowledge of the conditions that conduce to the success of their investee enterprises and a return on their investments. Our client will likely be a foundation or other organization making impact investments in developing countries. GSB, Political Science, and Economics students as well as Law students are welcome to participate. Elements used in grading: TBD with instructor. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 414Q:
Policy Practicum: Developing a Federal Framework for Climate Change Policy
Students in this policy lab will work with the instructor, and a sponsoring foundation, to develop strategies to guide the federal government in delivering on the nation's climate change commitments. The students will focus on two major topics: (1) constructing an inventory and road map of potential carbon emissions reductions across the federal government; and (2) evaluating governing structures available to coordinate federal emissions reductions and adaptation/resilience actions across the federal government, and with the states. Elements used in grading: Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 414R:
Policy Practicum: Managing Gentrification in San Francisco
Gentrification is a concern for policy makers in successful and diverse cities. Gentrification can improve neighborhoods that suffer from underinvestment, but it can also cause the displacement of long term residents, cherished landmarks and long standing businesses and it can make neighborhoods homogenous, sterile and less able to meet the day to day needs of their residents. A gentrifying city can be a city in the process of losing the variety and dynamism that made it attractive to investors and successful people in the first place. And of course, gentrifying cities are unaffordable to low income residents. Because of rising rents, many neighborhoods in San Francisco are already unable to sustain such businesses as dry cleaners, laundry services, drug stores and affordable restaurants. A neighborhood with nothing but fancy wine bars, chic clothing shops, gourmet restaurants and trendy coffee houses selling $5 drip coffee is not in crisis, but a city with only such neighborhoods arguably is. We will work with the San Francisco Mayor's Office of Community and Economic Development on various issues related to the challenges of gentrification in San Francisco. Issues include researching policy responses to the displacement of legacy businesses and non-profit enterprises and analyzing the effects of rising property values and rents on the diversity of businesses in San Francisco neighborhoods. Students interested in this policy lab should submit a C/V and statement of interest, to be reviewed by Professor Ford and San Francisco city officials. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. Elements used in grading: Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Aut, Win, Spr
| Units: 2-4
| Repeatable
4 times
(up to 8 units total)
LAW 414S:
Policy Practicum: The Law and Practice of Changing Mindsets to Build Cultures of Health
Stanford Social Psychological Answers to Real-world Questions (SPARQ) is a "do tank" in the Department of Psychology that partners with organizations to solve real-world problems by applying social science. With a grant from the Robert Wood Johnson Foundation, SPARQ is developing techniques to improve people's health by changing mindsets in culturally appropriate ways. The project, Changing Mindsets to Build Cultures of Health, targets the mindsets not only of patients, but also of healthcare practitioners. For example, one study examines how changing practitioners' mindsets affects their online communications with patients and, in turn, patients' behaviors and health. Working closely with SPARQ as a client, the practicum investigates legal issues in changing doctor and patient mindsets. For example, can patients consent to knowing more or less about their doctors' expectations? How much can doctors' curate their findings and opinions for the sake of their patients? (How might a patient consent, for instance, to being given a placebo when detailed knowledge that it is a placebo destroys the placebo effect?) With the advent of electronic medical records (EMR), how much information are healthcare practitioners legally required to share with their patients and should they push to share as much as they are permitted to in all circumstances? Practicum participants will work on a multidisciplinary team with SPARQ faculty, grad students, and staff to develop a memo analyzing relevant legal questions and precedents and may also advise the design of behavioral experiments. Students will receive 3 credits for this one-quarter "R" class. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION : To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Terms: Aut
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 414T:
Policy Practicum: Mass Incarceration of Immigrants
Nascent empirical research suggests that there may be a "citizenship bias" in sentencing and that immigrants receive more punitive sentences than their similarly situated citizen counterparts. There are numerous possible explanations for this discrepancy, but one trend may help to account for at least some of it: immigrants in state prisons and jails may be deemed ineligible for certain rehabilitative programs and other sentencing alternatives on the basis of their citizenship status. The purpose of this policy lab is to determine whether and to what extent immigrants in California prisons and jails are excluded from access to rehabilitative programs that function as alternatives to incarceration on the basis of citizenship status. Students will do research to document the existence of such exclusions as a matter of policy and/or practice, and work with Professors Jayashri Srikantiah and Jennifer Chacón and the ACLU of Southern California to draft legislation to prevent noncitizens from being unnecessarily excluded from such programs. This policy lab is offered for three units in Autumn Quarter and two units in Winter Quarter. Elements used in grading: Written research and drafting assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 414U:
Policy Practicum: Investments in Investor-Backed Pay For Success (Social Impact Bond) Programs
A growing number of state and local governments are entering into contracts that pay nonprofit or for-profit organizations for success in delivering social outcomes, such as reducing recidivism, homelessness, obesity, or asthma. Among the key players in these pay-for-success (PFS), or social impact bond (SIB) programs are investors who provide working capital to service providers and are repaid to the extent that providers achieve agreed-upon outcomes. The typical investment "stack" consists of for-profit investors and foundations that make grants or invest at concessionary rates and absorb first losses if the provider fails to perform. This practicum will consider the variety of strategies and instruments for financing social impact bonds, examining the entire spectrum of investments, optimal investment structures, the role of investors in monitoring service providers, and the role of intermediaries in structuring and placing these financial instruments. Thus far, these arrangements have been one-off, or bespoke, requiring individual crafting that makes them difficult if not impossible to scale. Major barriers to scaling include (1) the transaction costs of negotiating agreements among non-concessionary commercial investors, foundations, and individual philanthropists to assemble the capital necessary to finance a program, and (2) identifying success metrics that are sufficiently clear, measurable, evidence-based, and "non-game-able" that investors can invest with reasonable certainty. We will initially focus on the problem of outcome metrics. Although such metrics are inevitably specific to different social program--e.g., youth recidivism and early childhood education--it may be possible to develop metrics that are useable by different government entities adopting similar sorts of programs across the United States. In addition, the early stages of a program financed by a social impact bond may create uncertainties with respect, say, to the processes of enrolling participants. To explore these issues, we will draw on existing examples of SIBs, on the social science literature (and experts) in particular fields, and on the expertise of organizations including Third Sector Capital Partners, Social Finance US, the Nonprofit Finance Fund, and the Social Impact Bond Technical Assistance Lab at Harvard's Kennedy School. Our client will be the Nonprofit Finance Fund, founded in 1980, which helps organizations connect money to mission effectively, and supports innovations such as growth capital campaigns, cross-sector economic recovery initiatives and impact investing. See http://nonprofitfinancefund.org/. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Win
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 414V:
Policy Practicum: Access to Justice: Legal Services Programs and Limited Advice Assistance
This course seeks to assess the effectiveness of limited advice and assistance provided to low income clients rather than full representation. Because legal services programs can represent less than a fifth of those who need their help, most offer some form of limited aid. Partnering with the national Legal Services Corporation and Alaska Legal Services, students will interview of sample of clients who received limited assistance and a sample of individuals who secured no help. The outcome of this study will help guide the decisions of legal services programs about whether to invest in limited assistance. After the term begins, students accepted into the course can transfer from section 01 (3 units) into section 02 (4 units), which meets the R requirement, with consent of the instructor. Elements used in grading: Interviewing skills; data analysis; written research and drafting assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Aut, Win, Spr
| Units: 3-4
| Repeatable
2 times
(up to 8 units total)
LAW 414W:
Policy Practicum: Exploding the Fine Print: Designing More Effective Legal Disclosures
The government uses mandated disclosure as a central way to regulate companies' relationships with consumers. They set standards for how companies present terms, conditions, and other legal information to people, in the hope that communicating these terms will educate people sufficiently to make wise decisions. But are these disclosures actually comprehensible, engaging, or effective? Anecdotally, we all know that most people ignore the fine print, click through online disclosures without reading them, and trash the paperwork that come along with products or account statements. In this Policy Lab, we will experiment with how these very important disclosures could be improved, with better designs that could make the information more understandable, more engaging, and more actionable for normal people. We will partner with the financial regulator FINRA, as they grapple with a specific disclosure use case: when financial companies advertise their products to people via print, web, mobile, and television, how can they effectively communicate the terms and risks of these financial products? What kind of disclosure design -- with more visuals, with more interactivity, or with tech-enabled communication -- could be a new standard for helping people make smart decisions about financial products? During the Policy Lab, our team of students will work with FINRA leaders to understand their current disclosure design requirements for financial companies and their rule-making process as they set new regulations for advertising disclosures. We will understand the needs and requirements of the regulators, the financial companies, and the different target users, and then use the design process to generate new proposed models for disclosures and then test them with qualitative and quantitative evaluation. We will submit this research and these new models to FINRA to be used as they define standards for securities firms communicating with the general public. Elements used in grading: Class Participation, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Win
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 414X:
Policy Practicum: California Drought
Students in this Policy Lab practicum will work with the Public Policy Institute of California (PPIC) as part of a broad study of lessons learned from the current California drought. The overall goal of the study is to assess the functioning of various aspects of California's water management system during the current drought and to develop tools and policy recommendations to help the state survive future droughts with fewer economic and environmental impacts. California is currently in its fourth year of drought. The drought's duration, along with increased temperatures due to climate change, have combined to make it perhaps the most intense drought since we have begun keeping records. These conditions have placed enormous strains on water management systems at all levels of government. The state's water rights system (among other laws) has had to cope with unprecedented hydrologic conditions, conflicting demands for water, and data gaps. As a result, state and federal water management agencies have faced unprecedented decisions along with untested rules for making those decisions. The overall PPIC study, including the work of the practicum, will seek to evaluate the performance of the state's institutions, management systems, infrastructure, and laws during these extreme conditions in order to make recommendations to better prepare California for future droughts. The practicum will focus primarily on the California water rights system and its interaction with other laws related to water quality and aquatic species protection in the context of the ongoing drought. Issues for research include case studies of the effectiveness of different legal mechanisms for protecting streamflows and aquatic species from conditions related to extreme drought. They may also include an analysis of temporary urgency change petitions (a mechanism to temporarily suspend water quality based limitations on water rights) during the drought, including their rationale and their effects on water quality. The practicum will contribute some written analysis a series of reports to be produced by PPIC. Students will also participate in planning and holding a workshop of experts that will help shape the project and its outputs. The practicum will accept up to eight students. Elements used in grading: Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Win, Spr
| Units: 3
| Repeatable
4 times
(up to 8 units total)
LAW 414Y:
Policy Practicum: Veterans Treatment Courts
More than 250 veterans treatment courts now exist nationwide. They recognize the unique needs of veterans who get entangled in the criminal justice system, and endeavor to provide more effective resources to treat their problems than the traditional criminal justice system ordinarily provides. Despite their growth and popularity, little is known about their effectiveness, particularly in the target population they reach. We are partnering with Congressman Seth Moulton and the Massachusetts veterans court program on an ambitious and interesting project to understand who is excluded from veterans treatment courts (VTCs), why, and whether there are ways to help them too. We will work closely with the Commonwealth to collect and review information on veterans in the criminal justice system, and veterans who are in or have gone through VTCs, for the purpose of understanding the population and gaining insight into who truly benefits from the courts and who is excluded. We will use techniques used in evaluating mental health and other specialty courts to assess the VTCs and develop recommendations for expanding their reach to at least some of those who are currently excluded but who could benefit from them. The information we gather and develop into a report will be useful to the many jurisdictions that already host veterans treatment courts, as well as to those considering their adoption. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Automatic grading penalty waived for research paper. Elements used in grading: Attendance, Class Participation, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Win
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 414Z:
Policy Practicum: Retaining & Advancing Women in National Law Firms
50/30/18. These numbers represent a long-standing problem for U.S. law firms. For over 30 years, 50% of law school graduates have been women, yet only 18% of law firm equity partners are women. What's more, that partnership number has remained relatively fixed for much of that time. In the National Association of Women Lawyers' first annual survey in 2006, women constituted 15% of equity partners. Despite a recognition of and focus on this issue, law firms have not been able to move the needle. Conventional methods haven't worked. The profession needs new ideas - creative and innovative ways to retain and advance women in private law firms. Students selected for this course will work together to produce a policy paper analyzing this issue. Research will focus on two major areas: (1) the possible reasons for the low retention rates and partnership percentage; and (2) innovative ideas both inside and outside the legal profession for retaining and advancing women. The paper will be used to advise participants in the inaugural Women in Law Hackathon. The Hackathon is a Shark-Tank style pitch competition co-created by Diversity Lab and SLS. 54 high-level partners from top U.S. law firms and nine SLS students will work together (virtually) in teams of seven from January to June 2016 to innovate new means of advancing and retaining women in the legal profession, particularly those in private sector law firms. The teams will then present their ideas in person to a panel of judges at a pitch event at SLS on June 24, 2016. The top three winning teams will grant the prize money donated by Bloomberg Law (1st place $10,000, 2nd place $7,500, 3rd place $5,000) to their choice of a non-profit organization that is advancing women in the legal profession and beyond. The winning ideas will be published on Diversity Lab's and SLS's websites and distributed to major news publications and top management at U.S. law firms. Our hope is that some or all of these ideas will be adopted by firms across the U.S. Students may also elect to participate as a team member in the Hackathon. Time commitment of team members is approximately 2-3 hours per month (via phone) from January through June 2016, plus the 1.5-day in-person pitch competition June 23-24, 2016 at SLS. Funding is available to cover domestic travel costs for students to return from summer internships to participate in the competition. Maximum enrollment: 9. Preference will be given to those students who would like to participate in both the practicum and the Hackathon. Students will receive 3 credits for this one-quarter "R" class. Elements used in grading: Class participation, qualitative and empirical research, written assignments, and final policy report. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Win
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 415A:
Policy Practicum: UNCITRAL International Mediation Convention
The United Nations Commission on International Trade and Law (UNCITRAL) has formed a working group to explore development of a convention on the enforcement of cross-border mediation settlement agreements, comparable to the existing New York Convention for enforcement of arbitral awards. Many of the working group delegates are very experienced with international arbitration, but less acquainted with mediation. Our project will be to interview about 25 international mediators through survey and structured interviews, from which we can pinpoint the enforcement issues that emerge, and develop a series of illustrative cases. This research would require IRB review; our project for spring quarter will be to schedule and conduct the interviews. Both the Legal Office of UNCITRAL and U.S. State Department are available for advice. The UNCITRAL working group will be meeting in September in Vienna, so we anticipate that our work will be a useful input to the overall education of the delegates to ensure that the convention provisions align with the needs of practice. Course available for one credit or two credits. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. Elements used in grading: Attendance, Written Assignments.
Terms: Win, Spr
| Units: 1-2
| Repeatable
4 times
(up to 8 units total)
LAW 415B:
Policy Practicum: Improving Investigations of Police Shootings
The goal of this policy lab is to develop optimal protocols for criminal investigations of officer-involved shootings. Our client is the San Joaquin County District Attorney's Office, which has asked us to assess how such investigations should be staffed, structured, and led in order to ensure that that they are, and are perceived to be, both rigorous and impartial. The client has asked us to survey best practices around the nation, to think boldly and imaginatively about how best to protect against both the reality and the perception of bias, and to make recommendations that can be presented not only to the client but also, potentially, to other local and state officials in California for adoption statewide. Among the questions we will consider is the whether and when a criminal investigation into an officer-involved shooting should stay at the county level, be conducted by state officials, or be handled by investigators and/or prosecutors from other California counties. After the term begins, students accepted into the course can transfer from section 01 (2 units) into section 02 (3 units), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance, Final Paper. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 2-3
| Repeatable
4 times
(up to 8 units total)
LAW 415C:
Policy Practicum: Burma: Comparative Practice on International Protection of Prisoners Standards
Burma's prison system has consistently exposed its prisoners to harsh conditions and brutal treatment. Despite the initiation of democratic reforms since 2010 and the release of many political prisoners, Burma continues to violate the human rights of prisoners. Currently, Burma's prison system does not meet the UN Standard Minimum Rules for the Treatment of Prisoners, and the state has started debating a draft Prison Law to conform to these basic standards. While the law addresses many of the Burmese prison system's most egregious violations of the Standard Minimum Rules, many civil society activists have criticized the draft law for failing to meet their demands and ensure the protection of prisoners and adherence to international standards. The Public Interest Law and Policy Group ("PILPG"), a pro bono international law firm, is providing legal assistance to Burmese civil society organization to develop effective advocacy campaigns and to draft legislation and policy proposals. Students in this Practicum will provide guidance to PILPG in support of its work with its Burmese Civil society clients. Students in this Practicum will focus in particular on assisting Burmese civil society organizations advocating for legal reforms to the state's prison system. Students will research and prepare a memorandum analyzing the prison laws and regulations in states within the South Asian (ASEAN) region. This memorandum will provide examples of how states have incorporated the relevant international legally binding human rights instruments as well as key nonbinding international standards on the treatment of prisoners into their domestic legal framework. The memorandum will also identify and analyze mechanisms used by regional states for prison and correctional facility oversight and monitoring, as well as mechanisms aimed at ensuring enforcement of the rights of prisoners. Elements used in grading: Class Participation, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 1
| Repeatable
8 times
(up to 8 units total)
LAW 415D:
Policy Practicum: Syria: Mechanisms for Limiting Transitional Presidential Powers
Syria is in the midst of a devastating civil war, during which over 400,000 persons have been killed, many more have been injured, and millions have been displaced. The international community has fitfully pursued efforts to organize negotiations to bring about a peaceful resolution of the conflict. One major coalition of Syrian opposition groups, known as the Coalition of Syrian Revolution and Opposition Forces, or the Syrian National Coalition ("the Coalition"), has been working actively to develop positions in anticipation of negotiations to end the conflict and create a transitional Syrian government. As the Coalition plans for a post-Assad transition, it has sought the guidance of the Public Interest Law and Policy Group ("PILPG"), a pro bono international law firm, to advise it on a range of legal and policy issues. Students in this Practicum will provide guidance to PILPG in support of its work with the Coalition. Students in the Practicum will focus in particular on the issue of presidential powers during the hoped-for transitional period. The Coalition is increasingly concerned that any political settlement will leave Syrian President Bashar al-Assad in power during the transitional period; the Coalition accordingly is interested in exploring mechanisms for limiting presidential powers, particularly during a period of fundamental political transition. Students in the Practicum will examine a series of recent transitional episodes from other post-conflict settings to identify the legal and institutional approaches that have been devised to limit the power of particular executive branch actors or groups, or have subjected presidential power to supervening institutional constraints (either internal or external). The memorandum developed during the course of this project will also assess the efficacy of those transitional arrangements and provide suggestions, to the extent possible, as to which might prove effective in the Syrian context. Elements used in grading: Class Participation, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 1
| Repeatable
8 times
(up to 8 units total)
LAW 415E:
Policy Practicum: Implementing Major Cross-Agency Federal Initiatives
This policy lab will study case examples of cross-agency initiatives, with an eye toward optimizing the White House/agency relationship and improving the federal government's performance when completing complex, multi-agency implementation tasks. Students will focus two high profile, cross-agency initiatives in policy arenas of their choice. They will explore how the initiatives were structured and how successful they were in producing the desired results. Particular attention will be devoted to the mechanisms used to facilitate coordination across agencies and with the White House, and to measure outcomes. The final product will be a paper that reviews the students' case studies and that offers recommendations on how to improve the performance of the federal government in implementing initiatives that require coordination across multiple agencies. The work of the policy lab will be completed for the Hewlett Foundation. The final paper will be provided to the transition team for whomever wins the Presidency later this year. Special Instructions: This policy lab is most appropriate for students with an interest in, and experience with, U.S. government policy development and implementation. Elements used in grading: class discussion; written work product.. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
| Repeatable
2 times
(up to 8 units total)
LAW 415F:
Policy Practicum: Prototyping Access to Justice: Legal Service Design in Courts' Self-Help Centers
There is an Access to Justice crisis in the United States, and in California particularly. One of the biggest challenges facing the legal system is how many people are trying to navigate it without a lawyer - particularly for problems like divorce, child custody, personal debt, housing, and small claims. It is a problem for the courts - because it requires huge amounts of resources to support lay people who are unfamiliar with court procedures and often get things "wrong", causing efficiency and cost problems. It is also a problem for the lay people going through the courts. They are trying to solve major life problems using the legal system, but the system is confusing, expensive, and frustrating, so that they cannot use the system effectively and feel a lack of procedural justice. This class proposes that a user-centered design approach, mixed with an agile development approach, can increase the amount of procedural justice for self-represented litigants in the California courts. User-centered design involves taking the lay person's point of view of a complex system, and then creating new services, products, and policies that fit their mental models and empower them to navigate the system. Agile development means creating new services, products, and policies through rough and quick prototypes, testing them with target stakeholders and subject matter experts immediately, and then iterating and refining repeatedly until they are ready to formally launch. In this class, the students will learn how to practice agile user-centered design by creating new interventions for California Courts - Self-Help Centers, service centers located inside the court to help people without a lawyer to understand their legal options, create a strategy, and pursue a legal process. The class is partnered with the California Judicial Council, that administers these Self-Help Centers, and the Self-Help Centers in the Santa Clara and San Mateo court systems. The class will involve fieldwork - in the form of rapid prototyping and testing -- at these two courts' Self-Help Centers. Students will work in teams to identify key failpoints and frustrations of the stakeholders of the Centers by conducting interviews and observations there, brainstorming new solutions to empower the lay people, and testing these new solutions to identify which are worth pursuing and how to improve them. Students will then present their proposed solutions, insights, and user research and testing feedback to the courts and Judicial Council for them to use as they set new policies and programs to improve Access to Justice. The fieldwork sessions will be combined with seminars in which the students learn about innovations in access to justice, agile design and development approaches to problem solving, with readings and guest experts. Students will meet leaders of new initiatives to improve access to justice using improved visual design, technology tools, and changes to policy and regulation. In the class, students will gain skills in design and product development, conducting user research, project management, and policy analysis. The class welcomes students with experience in technology development and design work, but it is not required. The class is open to non-law students as well. Elements used in grading: Class Participation, Final Paper. Mid-Quarter Report & Presentation, End of Quarter Presentation. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook.
Terms: Spr
| Units: 1-2
| Repeatable
4 times
(up to 8 units total)
LAW 415G:
Policy Practicum: CAISO Regionalization and California Climate Policy
California's electricity grid and market is operated by the California Independent System Operator (CAISO). In legislation passed last session, CAISO was authorized to evaluate an expansion of its territory to include out of state entities within its day-ahead and real-time markets. Berkshire Hathaway Energy, owner of PacificCorps and NV Energy, and Arizona Public Service have both expressed interest in joining an expanded CAISO organized wholesale electricity market provided that new governance arrangements can be agreed. Such a move would have major implications for California's climate policies in at least four ways. First and most importantly, integration of a larger footprint into the California electricity market will do much to facilitate least-cost addition of renewable resources to achieve California's 50% RPS target. Second, California has spent the last decade easing its utilities out of a dependence on out of state coal plants. This process might be derailed if these units were included within the CAISO footprint. Third, California's GHG cap-and-trade has a complex process for tracking imported coal-fired energy. This process might be far more difficult or even impossible were these units included in the CAISO footprint. Fourth, joint governance of the electricity market might push all parties toward regional collaboration on cap-and-trade, but this might dilute California's climate change efforts across states unwilling to make similar commitments. The goal of the policy lab will be to evaluate these and other implications of CAISO expansion and to articulate potential options for managing the interaction between it and California's ambitious climate policies. The client for the Policy Lab is Kevin de Leon, the Senate pro Tem of the California Legislature. Our goal will be to insure that de Leon, and other parties involved in the negotiation, fully understand the implications of the choices they make as this complex process unfolds. Elements used in grading: Attendance, Class Participation, Written Assignments. NOTE: Students may not count more than a combined total of eight units of directed research projects and policy lab practica toward graduation unless the additional counted units are approved in advance by the Petitions Committee. Such approval will be granted only for good cause shown. Even in the case of a successful petition for additional units, a student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. For detailed information, see "Directed Research/Policy Labs" in the SLS Student Handbook. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Spr
| Units: 3
LAW 417:
Advanced Criminal Law and Public Policy: A Research Practicum
This course will provide students with a rare opportunity to engage in real-world crime policy analysis, both as a way to use some of the skills they have learned in previous SLS courses, as well as to help them learn about the political and practical issues involved in constructing public policies. Students will work with a "client" agency or organization in the crime policy sector to carry out a policy-related research and analysis project. We will organize ourselves as a provisional policy think-tank or, if you prefer, a makeshift policy institute or short-term consulting group. As such, this practice-oriented course has both learning and real-world policy reform goals, which makes this course unique within SLS and, I hope, refreshing and compelling. Students will learn how to: Identify and analyze empirical data for policy purposes; develop evidence-based policy proposals; interact with high-level policymakers around politically sensitive issues; and effectively prepare a policy brief and deliver a formal presentation to high-level government officials.
Last offered: Autumn 2012
| Units: 3
LAW 418:
Advanced Criminal Defense Clinic
Advanced clinic allows students who have taken the Criminal Defense Clinic to continue working on cases. Participation in case rounds is required. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical credits during their law school career. Students must have taken Criminal Defense Clinic (Law 408). Elements used in grading: Class participation, attendance, written assignments and case work.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 419:
Three Strikes Project: Criminal Justice Reform & Individual Representation
This seminar offers a unique opportunity to study criminal justice reform in real time. In this seminar, students read and analyze a variety of cases and articles, examining the evolution of incarceration and sentencing reform in California as a case study in the history, politics, practical considerations and legal regulation of sentencing and "mass incarceration" in the United States. Students will also test their skills in the field by assisting with the representation of individual inmates sentenced to long prison terms for nonviolent crimes and engaging in active criminal justice policy analysis and advocacy. Over the five years, no other state has implemented more reforms to reduce its prison and jail populations than California. The Project has been intimately involved in this movement, leading ballot measures that implemented legislative reforms to reduce prison sentences and representing individual prisoners sentenced to life for nonviolent crimes under California's "Three Strikes" law. Based on this experience, the Project was recently asked by the White House to support prisoners who receive sentence commutations from the President. Students enrolled in the seminar are involved in all aspects of the Project's work. Student casework involves assistance with different stages of ongoing litigation in state and federal court. Students will visit a Project client in prison, conduct factual investigation in the field, and draft petitions on our clients' behalf. Students will also contribute to ongoing policy work to ensure the effective implementation of reforms impacting our clients, which include individual prisoners and the NAACP Legal Defense and Educational Fund. The Project is an active, fast-paced organization that depends on the hard work and contributions of law students enrolled in this seminar. This course offers the opportunity to both study the theory behind the law and to hone practical litigation and advocacy skills in and out of the courtroom. The seminar will meet for 3 hours per week. Students will also meet for 1 hour individually and in teams with Project director Mike Romano each week to discuss their work on their projects. CONSENT APPLICATION: Interested students must apply to enroll in the seminar by sending a one-page statement of interest and resume by email with the subject line "application" to Mike Romano (mromano@stanford.edu). Applications will be considered on a rolling basis. Elements used in grading: Class Participation, Attendance, Written Assignments.
Terms: Win, Spr
| Units: 3
LAW 423:
Advanced Supreme Court Litigation Clinic
The Advanced Supreme Court Litigation Clinic provides an opportunity for students who have already successfully completed the Supreme Court Litigation Clinic to continue their work in the Clinic. Work includes research and drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting on drafts of briefs being filed by lawyers in other cases. Advanced students will also continue to participate in the Clinic's discussion of cases during case rounds. For a more elaborate description of the clinic's content, see the course description for Course Number 436-0-01. Special instructions: Admission is by consent of instructor. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Students have the option to receive R credit upon instructor approval. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Projects and participation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 424:
Secured Credit
This course surveys the law of raising funds by granting security interests in personal property. Security interests affect the creditor's rights if the debtor is unable to repay the loan; as a result, they significantly affect the terms on which capital can be raised. They affect industries ranging from traditional manufacturing to high tech start-ups; they also play a role in consumer loans (and help explain the movie "Repo Man"). The course focuses primarily on Article 9 of the Uniform Commercial Code, but also considers the federal Bankruptcy Code, the federal intellectual property statutes, and other state and federal laws. nBankruptcy is the first of three courses (the other two are Secured Credit and Payment Systems) dealing with the financing of commercial ventures through means other than the sale of corporate stock. These courses may be taken in any order: neither presupposes any knowledge of the others. Students who cannot take all three should probably prioritize them in the order they are listed-that is, Bankruptcy is the single most important course to take, then Secured Credit, then Payment Systems.nElements used in grading: Final exam
Last offered: Winter 2014
| Units: 3
LAW 425:
Statutory Interpretation
Statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice. It is also an area of vibrant intellectual debate, as scholars, Supreme Court justices, and others debate the methods and aims of statutory interpretation. This course will stress both the practical and theoretical dimensions of interpretation. Students will learn and apply the methods of statutory interpretation. We will also spend considerable time on contemporary controversies, such as debates about textualist, purposive and dynamic interpretation; about the use of legislative history and canons of construction; about the special interpretive problems that arise in the context of direct democracy; and about the democratic and constitutional foundations of statutory interpretation itself. Readings will draw from political science as well as law. Elements used in grading: Class participation and final exam.
Terms: Aut
| Units: 3
LAW 426:
Law, Lawyers and Social Movements
This seminar will examine, through historical and current case studies, the uses that social movements make of law and lawyers as means of mobilizing followers, building movements, and achieving their ultimate aims. It will ask such questions as whether -- as some critics claim - resorting to law drains social movements of democratic energy and passion, and relying on courts produces only symbolic victories and destructive backlash; or whether legal strategies can be a useful catalyst for change, as a supplement to protests, community organizing, and lobbying for legislation. Among the movements likely to be studied are different phases in the movement for black civil rights, the women's equality movements of the early and late 20th century, the labor movement before and during the New Deal, and the movements for LGBT rights of the present time. Students may satisfy the course requirements either by taking a final extended take-home exam reflecting on the course readings, or (in the "R" section of the course), writing a research paper based largely on primary sources on some aspect of a social movement and its legal strategies. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance, Final Exam or Research Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
LAW 427:
Local Government Law
This course will examine the source, scope and limits of local government power. It will consider the relationship of local governments to state and federal government and of the relationship of local governments to the individuals and communities within and around them. Specific themes will include the potential of local governments to be responsive democratic communities, the potential of local governments to become isolated or exclusive enclaves, and the effect of local governments on the metropolitan political economy. Using the casebook Local Government Law by Frug, Ford and Barron, the course will examine state and federal doctrine that affects local government, political/ social theory and urban planning/ development literature. Open to first-year Law School students with prior instructor approval. Special Instructions: Students may write papers in lieu of the final exam. Upon instructor consent, students interested in writing should enroll in Law 427-0-02. Students who do not receive a spot in section 02 may enroll in section 01 Elements used in grading: Exam or paper and class participation.
Terms: Win
| Units: 3
LAW 430:
Trusts and Estates
This course will cover the following topics: intestacy; will execution and revocation; will provisions and interpretations; restrictions on the right to devise; probate; creation, amendment and termination of trusts; revocable and irrevocable trusts; trust provisions; charitable trusts; trust administration; and substitutes and conservatorships. Elements used in grading: Final exam (In-School: open book, essay).
Terms: Aut
| Units: 2
LAW 432:
Managing Natural Resources In the Face of Climate Change and Other Stressors Workshop
This workshop seminar will provide students with the opportunity to examine and critique cutting-edge research and work in the natural resources field, with a focus on how climate change and other stressors are affecting scientific, legal and policy issues arising in a number of natural resource contexts, including water, forestry, coastal resources, conventional and renewable energy development, and the like. Although it is open to all students, the seminar is designed especially for those with an interest in the field who wish to stay abreast of current issues, work, and ideas. In each class, an academic expert, policy maker, or practitioner will present their current research or work and engage in a robust discussion. Special Instructions: Grades will be based on class participation and reflection/discussion papers (Section 1) or (Section 2) a long research paper. After the term begins, students accepted into the course can transfer from Section (01) into Section (02) which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Grading for Section 1 will be Mandatory P/R/F. Grading for Section 2 will be H/P/R/F. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Terms: Win
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 434:
Contract Design: Principles and Practice
Although transaction lawyers spend much time drafting contracts and related documents, they can contribute very significant value by designing transactions. Transactions should be tailored to the goals and circumstances of each set of parties, but there are some general principles that can guide the design process. This seminar examines some of these principles: such as the use of embedded options in contracts, of third parties, and of tailored procedures for dispute resolution and enforcement. Some of the readings and discussion will be at a fairly high level of abstraction, drawing on economic and sociological theories of contracting. The rest will closer to ground level, looking at particular types of transactions, such as franchising, construction, joint ventures, or start-up financing. We will also look at the process of innovation in contract design, including the role of lawyers and digital document production. Students will be required to write paper for the seminar, and encouraged to focus on a specific type of transaction. Special Instructions: Grades will be based on (1) short papers or (2) an independent research paper for "R" (Research credit). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Short papers or research paper.
Last offered: Spring 2015
| Units: 2
LAW 436A:
Supreme Court Litigation Clinic: Clinical Practice
The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
Terms: Aut, Spr
| Units: 4
LAW 436B:
Supreme Court Litigation Clinic: Clinical Methods
The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
Terms: Aut, Spr
| Units: 4
LAW 436C:
Supreme Court Litigation Clinic: Clinical Coursework
The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
Terms: Aut, Spr
| Units: 4
LAW 437:
Water Law and Policy
This course will study how society allocates and protects its most crucial natural resource -- water. The emphasis will be on current legal and policy debates, although we will also examine the history of water development and politics. Although the course will focus on United States law and policy, insights from the course are applicable to water regimes throughout the world, and we will occasionally look at law and policy elsewhere in the world for comparison. Among the many issues that we will consider are: how to allocate water during periods of scarcity; alternative means of responding to the world's growing demands for water (including active conservation); the appropriate role for the market and private companies in meeting society's water needs; protection of threatened groundwater resources; environmental limits on water development (including the U.S. Endangered Species Act and the "public trust" doctrine); constitutional issues in water governance; Indian water rights; protection of water quality; challenges to substantively reforming existing water law; and interstate and international disputes over water. Students will be expected to participate actively in classroom discussions. Elements Used in Grading: Class participation, attendance and final exam.
Terms: Aut
| Units: 3
LAW 439:
Mind the Gap: Exploring Selected Areas of American Inequality
This course will explore the equity of resource distribution and opportunity in the United States in the 21st century. We will explore and evaluate the common critique that the contemporary structure of various entities (such as schools, courts, andnthe legislature) contributes to increased inequality. Some of the likely topics to be covered in class, along with their concomitant impact on equity, include: language and identity; trade-offs between equality of opportunity and equality of outcome; stereotype threat; felon disenfranchisement; labor market inequality; urban vs. rural poverty; the erosion of mental health services; and how factors such as race, ethnicity, gender, and income can contribute to academic achievement gaps. The class will explore the substantive issues related to equality and inequality as well develop written and oral skills for advocacy, including drafting op-eds, position papers, and other written materials and preparing for oral presentations. Each student will be responsible for leading at least one class at San Quentin State Prison to a mixed class composed of Stanford and San Quentin prisoner students. Students will be also be expected to write weekly reflection papers in response to the assigned reading and to attend and participate heavily in each class discussion; they will also be expected to edit and provide individual feedback on the written assignments of the San Quentin students. In addition, attendance at a one day training conducted by the Prison University Project is mandatory. Class will meet on Fridays from 3:00 - 5:00pm. Grades will be based on a combination of active class participation and preparation, consistent attendance, and several written assignments. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form to the instructors; the form is available on the SLS Registrar's Office website (See Registration and then Law Students). See Consent Application Form for submission deadline.
Last offered: Spring 2015
| Units: 2
LAW 440:
Biotechnology Law and Policy
Legal and policy issues raised by the biotechnology industry. Issues include patenting, corporate organization and financing, conflicts of interest, regulatory approvals, health care financing issues, and tort liability. Prospects for and implications of the biotechnology revolution. Organized around hypothetical problems. Undergraduates require consent of instructor.
Last offered: Spring 2006
| Units: 2
LAW 441:
European Legal History
This seminar will explore major topics in European legal history from ancient Rome through the present: Roman law, canon law, feudalism, sixteenth- and seventeenth-century constitutionalism, modern natural law, the age of absolutism and the rise of the centralized, administrative state, the structure of Old Regime law and society and the radical changes brought about by revolution, the German historical school of jurisprudence, and the rise of the European Union and a new culture of international human rights. In exploring these topics, we will focus on certain core, recurring themes that continue profoundly to shape the world in which we live. These include the sources and nature of law (positive law vs. custom), the relationship between law and society, and the relationship between law and history. Classroom discussion will focus on selected primary- and secondary-source texts that we will read as a group. The course will be limited to 12 SLS students with 10 additional slots held for students enrolling in HISTORY 238E/338E. Elements used in grading: Brief analytical paper (6-8 pages, worth 35% of the total course grade) and final exam (worth 65% of the total course grade). Cross-listed with History (HISTORY 238E & HISTORY 338E).
Last offered: Winter 2015
| Units: 3
LAW 444:
Thinking Like a Policy Analyst: Introduction to Policy Analysis
This seminar is designed primarily for students working on Policy Lab projects, but will be open to other students as well subject to a total enrollment of 15 students. It will be offered both the Autumn and Winter quarters during 2013-14, with any individual student eligible to enroll only in one quarter. You already know how to think like a lawyer, but if you are interested in policymaking, policy advocacy or policy research¿whether in the public, nonprofit, or corporate sector¿ you need to know how to think like a policy analyst as well. This seminar, designed primarily for students beginning or continuing in Policy Lab practicums, has three purposes. First, it introduces students to the ways in which policy analysts approach public policy problems and controversies, focusing on perspectives that distinguish policy analysis from traditional legal analysis Second, it introduces students to the tools of policy analysis, including approaches to collecting and analyzing information Third, it provides hand-on lessons on communicating with policy makers orally and in writing. There is no text for the course. Readings for the course will include examples of policy analyses conducted to inform public policymaking. Students engaged in policy practicums will use their practicum experience as a basis for assessing the value of various policy analytic perspectives and research approaches. Students not engaged in policy practicums will pick a policy problem they are interested in and develop a plan for conducting a policy analysis relevant to this problem. Elements used in grading (Autumn): Attendance, class participation, three short reflection papers.Elements used in grading (Winter): Course paper and class participation. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 2
LAW 447:
Communications Law: Broadcast and Cable Television
Most people watch television on a regular basis (although not necessarily on TV). Television entertains, delivers the news, and provides an important forum for debating political issues. Focusing on communications law and first amendment law, the course will discuss how and why regulation shapes what we see on TV, and how it attempts to ensure that television can fulfill its functions for society. For example, why is cable television so expensive? Why can comedians swear on cable TV, but not on broadcast TV? Should regulators care as much about violence as they do about indecency? Can we trust the market to give the audience what it wants? Will the market provide content that is in the public interest, such as local news or educational programming, or do regulators need to intervene? Should we care if media outlets are increasingly owned by a few small conglomerates? And how does the Internet affect the need for ownership regulation? The course mostly focuses on the U.S., but highlights developments elsewhere where appropriate.nnSpecial instructions: Students may take Communications Law: Internet and Telephony and Communications Law: Broadcast and Cable Television in any order (neither is a prerequisite for the other).nnThere are no prerequisites for this course. No technical background is required.nnElements used in grading: Class participation, attendance, final exam.
Last offered: Winter 2014
| Units: 3
LAW 447:
Communications Law
Comprehensive overview of current communications law as it has emerged over the past 100 years, in the form of industry-specific laws and through related areas of law such as antitrust and first amendment law. Existing pressures on the system, available solutions, and the broader economic and political implications of the legal and technical choices that communications law is facing today. Focus is on the U.S.; attention to developments elsewhere.
Last offered: Autumn 2008
| Units: 3
LAW 448:
Contemporary Issues in Constitutional Law
This is an advanced constitutional law seminar for students who have already taken the introductory Constitutional Law course. The seminar will provide an opportunity for in-depth discussion of competing theories of constitutional interpretation, the role of the Supreme Court in our political system, and analysis of judicial behavior. Each week, these themes will be examined through the lens of a current "hot topic" in constitutional law - for example, the Affordable Care Act, affirmative action, the Second Amendment, the death penalty, executive power in the war on terrorism, campaign finance, immigration, same-sex marriage, and other topics. This is not a "spectator" class; all students will be expected to participate actively in class discussion each week. This is a good seminar for students interested in clerking or pursuing academia.
Last offered: Autumn 2012
| Units: 2
LAW 451:
European Union Law
The U.S. and the European Union (which comprises 28 European states and 500 million people) have the largest bilateral trade relationship in the world. About 60% of the world's GDP is generated on the Transatlantic Marketplace. U.S. companies rely on the EU market for more than half of their global foreign profits, and U.S. investment in the EU is currently three times greater than U.S. investment in the whole of Asia. The new Transatlantic Trade and Investment Partnership (TTIP), a free trade agreement currently under negotiation between the EU and the U.S., will further strengthen substantially the economic ties between the EU and the U.S. in the near future. In the past few years, even several proposed mergers between U.S. companies have been killed solely by the EU antitrust authorities, although approved by the U.S. antitrust regulators. In recent years, this has tremendously heightened the need for a sound understanding of the legal system of the EU, especially for business and technology lawyers. Responding to this need, this course will, first, examine the internationally unique legal system of the EU as such, as it is applicable to any field of substantive and procedural EU law. Thus, we will look at the legal nature and the different sources of EU law and its relationship with the national law of the EU Member States. We will cover the relevant EU law enforcement actions including state liability issues as well as the jurisdiction of both European Courts and relevant remedies in national courts. Secondly, we will explore the legal framework of doing business in the EU, from the perspective of a business entity as an internationally operating actor in a European business environment. In this context, we will focus on the most essential fields of EU business law, i.e. (a) the four fundamental economic freedoms of the European Internal Market for goods, services, capital and persons, (b) EU competition/antitrust law, as well as (c) EU e-commerce law. Special attention will be given to the question how companies established outside the EU can efficiently use EU business law to pursue their interests in the EU. Additional education and research opportunities for students in EU law, building on this course, can be found in the course syllabus. Special Instructions: Students have the option to write a research paper in lieu of the one-day take home exam. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation, one-day take-home exam or research paper.
Terms: Win
| Units: 2-3
LAW 453:
State-Building and Rule of Law Seminar: Advanced
Students who participate in the State-Building and Rule of Law Seminar in the fall quarter may seek consent to continue their work in the Advanced Seminar in winter or spring quarter. Six students per quarter will be allowed to participate. Students will work on individual applied or scholarly research projects developed in collaboration with the professor, and meet regularly as a group to discuss shared research challenges and issues. There may be funds available for fieldwork necessary to complete applied research projects. Determinations will be made by the professor and Rule of Law Program. Students may write a paper for Research credit with instructor consent. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Written Assignments, Final Paper.
Terms: Win, Spr
| Units: 3
LAW 453A:
Afghanistan Legal Education Seminar: Advanced
Students who participate in the Afghanistan Legal Education Seminar in the fall quarter will continue their work in the Advanced Seminar in the winter or spring quarter. Only students selected for the Afghanistan Legal Education Project (ALEP) in spring 2015 may participate. Students will author textbook chapters, assume programmatic responsibilities, and meet regularly as a team and individually with the ALEP faculty. Elements used in grading: Attendance, Written Assignments, Final Paper.
Terms: Win, Spr
| Units: 3
LAW 453B:
State-Building and the Rule of Law Workshop: Advanced (BLPP)
The Advanced Workshop on State-Building and the Rule of Law builds on the State-Building and Rule of Law Seminar offered in the fall quarter. Enrollment is by consent and limited to students who successfully completed the fall seminar and are members of one of the four Rule of Law Projects: the Afghanistan Legal Education Project (ALEP), the Rwanda Law and Development Project (RLDP), the Timor Leste Legal Education Project (TLLEP), or the Iraq Legal Education Initiative (ILEI). The ALEP team will write textbooks and develop curriculum for, and provide program support to, the Department of Law at American University of Afghanistan. The RLDP team will conduct research and analysis culminating in a background paper on statutory interpretation for the Rwandan Law Review Commission. The TLLEP team will write textbooks and teaching manuals for use at the National Law School of Timor-Leste and the judicial training center. The ILEI team will write textbooks and materials to begin the process of building out a law program at the American University of Iraq, Sulaimani. Automatic grading penalty waived for writers. Writing (W) credit is for 3Ls only.
Last offered: Spring 2014
| Units: 3
LAW 453C:
State-Building and the Rule of Law Workshop: Advanced (TLLEP)
The Advanced Workshop on State-Building and the Rule of Law builds on the State-Building and Rule of Law Seminar offered in the fall quarter. Enrollment is by consent and limited to students who successfully completed the fall seminar and are members of one of the four Rule of Law Projects: the Afghanistan Legal Education Project (ALEP), the Rwanda Law and Development Project (RLDP), the Timor Leste Legal Education Project (TLLEP), or the Iraq Legal Education Initiative (ILEI). The ALEP team will write textbooks and develop curriculum for, and provide program support to, the Department of Law at American University of Afghanistan. The RLDP team will conduct research and analysis culminating in a background paper on statutory interpretation for the Rwandan Law Review Commission. The TLLEP team will write textbooks and teaching manuals for use at the National Law School of Timor-Leste and the judicial training center. The ILEI team will write textbooks and materials to begin the process of building out a law program at the American University of Iraq, Sulaimani. Automatic grading penalty waived for writers. Writing (W) credit is for 3Ls only.
Last offered: Spring 2014
| Units: 3
LAW 453D:
State-Building and the Rule of Law Workshop: Advanced (ILEI)
The Advanced Workshop on State-Building and the Rule of Law builds on the State-Building and Rule of Law Seminar offered in the fall quarter. Enrollment is by consent and limited to students who successfully completed the fall seminar and are members of one of the three Rule of Law Projects: the Afghanistan Legal Education Project (ALEP), the Rwanda Law and Development Project (RLDP), or the the Iraq Legal Education Initiative (ILEI). Project members will undertake research, writing, and programmatic responsibilities to support the work of their respective local partners in Afghanistan, Rwanda and Iraqi Kurdistan. Elements used in grading: Class Participation, Attendance, Written Assignments. Automatic grading penalty waived for writers. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Spring 2015
| Units: 3
LAW 453E:
State-Building and the Rule of Law Workshop: Advanced (RLDP)
The Advanced Workshop on State-Building and the Rule of Law builds on the State-Building and Rule of Law Seminar offered in the fall quarter. Enrollment is by consent and limited to students who successfully completed the fall seminar and are members of one of the three Rule of Law Projects: the Afghanistan Legal Education Project (ALEP), the Rwanda Law and Development Project (RLDP), or the the Iraq Legal Education Initiative (ILEI). Project members will undertake research, writing, and programmatic responsibilities to support the work of their respective local partners in Afghanistan, Rwanda and Iraqi Kurdistan. Elements used in grading: Class Participation, Attendance, Written Assignments. Automatic grading penalty waived for writers. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Spring 2015
| Units: 3
LAW 455:
Energy Law
The supply of a reliable, low-cost and clean energy supply for the United States is a key determinant of current and future prosperity. Perhaps as a result, electric utilities are among the most heavily regulated of large firms. This statutory and regulatory framework is composed of a complex patchwork of overlapping state and federal rules that is constantly evolving to meet emerging challenges to the energy system. In this course, students will acquire a basic understanding of the law of rate-based regulation of utilities. We will then examine the history of natural gas pipeline regulation in the United States, concluding with the introduction of market competition into US natural gas markets and the advent of shale gas. Next, we will cover the basics of the electricity system, including consumer demand, grid operations, and power plant technologies and economics. We will then revisit cost of service rate regulation as it has been applied in the electricity context. Next we will examine reform of both rate-regulated and wholesale market-based structures, focusing on various attempts to introduce market competition into aspects of the industry and to strengthen incentives for utility investment in energy efficiency. Finally, students will examine various approaches to subsidization of utility scale renewable energy and the growth of distributed energy. Throughout, the course will focus on the sometimes cooperative, sometimes competing, but ever evolving federal and state roles in regulating the supply of electric power. Students will write two 1000 word response papers to questions related to readings and outside speakers in addition to taking a final exam. Elements used in grading: Class participation (20%), written assignments (40%), and final exam (40%).
Terms: Spr
| Units: 3
LAW 458:
Health Law: The FDA
This course will examine the Food and Drug Administration. It will focus largely on the FDA's regulation of drugs and biologics, but will also cover its regulation of medical devices, nutritional supplements, and, to some extent, its jurisdiction over special legal, social, and ethical issues arising from advances in the biosciences. Special Instructions: The class is open to all law or medical students. Graduate students may be admitted from other parts of the University by consent of the instructor. Substantial class attendance is required; in addition, the quality of class participation will play a small role in grading. Elements used in grading: Attendance, class participation, and final exam (In-school, open book). (Cross listed with Health Research and Policy (HRP 209)
Last offered: Autumn 2014
| Units: 3
LAW 458:
FDA's Regulation of Health Care
(Same as HRP 209.) Open to law or medical students; graduate students by consent of instructor. Focus on the FDA's regulation of drugs, biologics, medical devices, nutritional supplements, and its jurisdiction over food, legal, social, and eithical issues arising from advances in the biosciences.
Last offered: Autumn 2008
| Units: 2
LAW 459:
Intellectual Property and Antitrust Law
This is an advanced seminar focusing on antitrust law as it applies to the creation, licensing, and exercise of intellectual property rights. At least one IP or antitrust class is a prerequisite, and ideally both. Papers will be due before the Law School deadline. Draft papers will be due in time for student presentations. Elements use in grading: Class participation and final paper.
Last offered: Autumn 2014
| Units: 3
LAW 461:
Foreign and International Legal Research
This course will introduce students to concepts and skills used in international and foreign law research. Students will learn to construct successful research strategies for questions of foreign law, public international law, and private international law. Both primary and secondary authority will be covered in various formats. Students will understand how different legal systems and cultures influence the use and assessment of legal resources. The course will also equip students to critically evaluate current and future research tools. No pre-requisites or foreign language ability required. Advanced degree and non-law students are welcome to enroll in the course. Learning Outcomes - *Identify primary and secondary sources of materials on international law and foreign legal systems. *Develop effective research strategies using online and print resources. *Critically evaluate research tools for international and foreign legal research. *Appreciate cultural and historical influences on the development of legal systems and their relevance to legal research. *Understand the role of language and translation tools in researching foreign and international law. Elements used in grading: Class participation & attendance (10%), written assignments (70%) and final paper (20%).
Terms: Win
| Units: 2
LAW 465:
Venture Capital I
This course introduces the operation of the venture capital industry from both a theoretical and practical perspective. The course tracks the start-up process from initial formation of a new venture through its private capitalization, the navigation of typical operational or strategic hurdles/milestones, and potential exit through merger/acquisition or initial public offering. The class will analyze each step in the process from the perspective of the business entity, of the founder-employees, and of the venture backers. It also will consider the incentive mechanisms and control structures used at each step of the transaction (and alternatives to these structures), with a focus on both the underlying economic and financial theory, as well as on pragmatic considerations in structuring the transactions. Students are required to complete a term sheet negotiation exercise, participate in class discussions and related short assignments, and sit for an examination. Special Instructions: some modest background in financial analysis or Excel, such as might be obtained in QM finance (Law 467), is recommended for this course. Elements used in grading: Class participation/assignments, term sheet negotiation exercise written summary, and the final exam (In-School, Essay and Objective, closed book).
Terms: Win
| Units: 3
LAW 467:
Quantitative Methods: Finance
The time value of money. Present and future value analysis; discounting; net present value; IRR; bond valuations; and a critique of other project valuation methods. Diversification, the risk-return trade-off, portfolio performance measurement, and market efficiency. Arbitrage and tax considerations. Emphasis is on applications in legal settings.
Last offered: Winter 2009
| Units: 2
LAW 467:
Quantitative Methods: Finance
This course covers several of the central ideas in modern finance with a particular focus on the time value of money. Topics include present value and future value analysis, discounting, net present value, "IRR", bond valuations, and a critique of other project valuation methods. Along with a brief overview of "market fundamentals" and an introduction to the vocabulary of modern "popular finance" (as found in such publications as the Wall Street Journal), additional topics will include diversification, the risk-return trade-off, portfolio performance measurement, and market efficiency. Issues of arbitrage and tax considerations will be considered as time allows. Each topic is introduced with an emphasis on applications in legal settings. The course is intended to provide those students that have very little or no background in finance with the essential vocabulary, tools, and insights to spot "finance related issues" in various legal practice areas. The problem sets, class discussions, and applied hypotheticals should allow students to develop the skills necessary to ask the right questions when confronted with problems that involve elements of modern finance. Special Instructions: You are expected to have little or no background in finance or related areas prior to taking this course. Required math skills are very modest (low-level high school algebra, at most) and students will rely mainly on the use of Excel and/or financial calculators for simple calculations. Elements used in grading: Class participation, written assignments/problem-sets and final exam (In-School: closed book, objective).
Terms: Win
| Units: 2
LAW 468:
Statistical Inference in Law
Drawing an inference from quantitative evidence lies at the heart of many legal and policy decisions. This course provides the tools, concepts, and framework for lawyers to become sophisticated consumers of quantitative evidence and social science. Unlike traditional statistics courses, it will be taught using substantive case law as a springboard for considering quantitative evidence. No background, beyond high school algebra, is assumed, but students are required to learn basic statistical programming. Elements Used in Grading: Class participation, attendance, problem sets. Attendance is required to retain a seat in class.
Terms: Spr
| Units: 3
LAW 468:
Statistical Inference in Law
Tools, concepts, and framework to become consumers of quantitative evidence and social science. Case law as a springboard for considering quantitative evidence.
Last offered: Winter 2009
| Units: 3
LAW 470:
Originalism's Alternatives
Competing methods for interpreting constitutional text. Alternatives within originalist methodology and alternatives to originalism, such as common-law reasoning, moral readings, democratic themes, foreign sources, and judicial minimalism. Focus on judicial decision making. Justifications for treating ancient constitutional text as law, the formal amendment process, defenses of judicial review, and influences on judicial behavior aside from interpretive method.
| Units: 2
LAW 470:
Contemporary Issues in International Criminal Justice Reading Group
This Reading Group will foster discussions around the law, institutions, and actors that constitute the system of international justice. Students will focus on current situations and cases before the International Criminal Court with an eye toward tracking jurisprudential developments as well as the evolving political environment in which the Court operates. Elements used in grading: Class Participation, Attendance.
Terms: Spr
| Units: 1-2
LAW 471:
Constitutional Law: Freedom of Speech
A survey of First Amendment law, including a close study of text, the drafting and ratification process, and the development of modern First Amendment theory. The course will explore the multiple participants in the speech process, including the speaker, hearer, publisher, target and regulator, and ask why the law favors certain participants over others. The evolution of Supreme Court case law will be analyzed historically, with special emphasis on the relationship between free speech and democracy,
Last offered: Spring 2013
| Units: 3
LAW 471:
Constitutional Law II: Free Speech
Speech, press, and associational rights under the First Amendment. Focus is on case law; attention to normative theory, emerging controversies, and empirical questions. Topics include sedition and suspected sleeper cells, government secrets and journalist privileges, personal privacy and reputational injury, communications network access and FCC indecency regulation, racist and sexist speech and associations, commercial advertising and trade secret protection, campaign financing, and Internet regulation.
| Units: 3
LAW 472:
Externship Companion Seminar
The practice of public interest law - whether in the criminal or civil context or a government or non-profit setting - requires an attorney to consider a host of issues distinct from one in private practice. How should decisions be made about priorities with limited resources? Where an organization has a broad social justice mission, where does litigation on behalf of individual clients or a group of clients fit in? Prior to initiating litigation or advancing a defense, what quantum of evidence should an attorney require? What role, if any, should an attorney's personal beliefs play in a course of representation? Through directed supervision of their externships in prosecutors', public defenders' or civil non-profit and government offices, as well as participation in weekly seminars, students will evaluate such questions in the context of their practical experience. Students are required to write weekly reflection papers of 3 to 5 pages and a 10-15 page paper at the end of the course. Elements used in grading: Attendance, class participation, weekly reflection papers and final reflection paper. .
Terms: Aut, Win, Spr
| Units: 2
LAW 473:
Externship, Special Circumstances
Following approval of a student's application, the Special Circumstances Externship Program (SCEP) allows second and third year students to work for credit for one quarter in non-profit public interest, public policy, and government agencies outside of the Bay Area. Standards for approval of a SCEP placement are similar to those for Directed Research proposals, although they are higher. Because there is a preference for local civil and criminal SEP placements (see Law 474 and Law 475), your SCEP proposal must explain (a) how it meets the goals of the externship program; and (b) why a similar project cannot be accomplished in one of the placements offered in the Bay Area. SCEP placements outside the Bay Area must be full-time. Students wishing to undertake a SCEP placement obtain the supervision of a faculty member who will oversee their externship and an accompanying tutorial. For a full description of the SCEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet the various requirements that are set out in the Handbook. Interested students should speak to Jory Steele, Lecturer in Law and Director of Externship and Pro Bono Programs at jsteele@law.stanford.edu. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of three to five pages, and a final reflection paper of a length to be determined by your faculty supervisor.
Terms: Aut, Win, Spr
| Units: 12
Instructors: ;
Anderson, M. (PI);
Cavallaro, J. (PI);
Granick, J. (PI);
Grundfest, J. (PI);
Martinez, J. (PI);
Merino, J. (PI);
Persily, N. (PI);
Tyler, R. (PI);
Van Schaack, B. (PI);
Weiner, A. (PI)
LAW 474:
Externship, Civil Law
Following approval of a student's application, the Civil Standard Externship Program (SEP) allows second and third year students to obtain academic credit for externing in select non-profit public interest, public policy, and government agencies in the Bay Area for one quarter. The Civil SEP allows students to (a) gain experience in a field where a clinical course is not offered, or (b) pursue advanced work in an area of prior clinical practice. Placements can be either full time (40 hours per week) or part time, but no fewer than 16 hours per week. Because of other Law School requirements, students in their final quarter are limited to part-time externships of no more than 16 hours per week. For a complete description of the Civil SEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Interested students should speak to Jory Steele, Lecturer in Law and Director of Externship and Pro Bono Programs at jsteele@law.stanford.edu. Students participating in the Civil SEP must also concurrently enroll in the Externship Companion Seminar. In some cases, where other seminars would be more appropriate companion courses for a student's placement, the student can request to substitute a different course in the application process. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of three to five pages, as well as a final, longer reflection paper.
Terms: Aut, Win, Spr
| Units: 5-12
LAW 475:
Externship, Criminal Law
Following approval of a student's application, the Criminal Standard Externship Program (SEP) allows second and third year students to work for credit in criminal prosecutors' and defenders' offices in the Bay Area for one quarter. Placements can be either full time (40 hours per week) or part-time, but no fewer than 16 hours per week. Because of other Law School requirements, students in their final quarter are limited to part-time externships of no more than 16 hours per week. For a complete description of the Criminal SEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Interested students should speak to Jory Steele, Lecturer in Law and Director of Externship and Pro Bono Programs at jsteele@law.stanford.edu. Students participating in the Criminal SEP must also concurrently enroll in the Externship Companion Seminar. In some cases, where other seminars would be more appropriate companion courses for a student's placement, the student can request to substitute a different course in the application process. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of three to five pages, and a final, longer reflection paper.
Terms: Aut, Win, Spr
| Units: 5-12
LAW 476:
Advanced Criminal Practice
In this seminar, we will discuss the most pressing current issues and cases across the criminal justice spectrum, from arrest through appeal and collateral attack. Our focus will be on the practice of criminal law -- how prosecutors and defense lawyers actually develop and use the latest cases and arguments. The subjects that we will take up will include, for example, ineffective assistance and the death penalty, sentencing, the "drug court" development, public prosecution and white collar crime. Each student will choose a case from the Supreme Court's current criminal docket and write about the issues that either arose or should have arisen during any of the stages of the case. Understanding these issues will require a careful investigation of the case history and the way it is developed for the Supreme Court. Particular attention will be paid to the ethical issues that arise in practice. Our text for the course will be pre-assigned cases from the current Criminal Law Reporter, along with articles and litigation materials in connection with a particular topic. Students should use the class to develop the habit of keeping up with the constantly evolving law in the specialized fields of criminal law and criminal procedure.
Last offered: Autumn 2012
| Units: 3
LAW 477:
Intellectual Property: Patent Litigation
This patent litigation course offers students the opportunity to gain experience in oral and written advocacy, while becoming familiar with the most prevalent real world issues in such cases. It does so by simulating a patent action from complaint filing to appeal. Students take turns presenting mock oral arguments, which are held each class. Sitting Federal judges will critique student arguments and provide instruction during several classes. Hot issues in patent law are explored as litigation skills are developed. While not a prerequisite, completion of Introduction to Intellectual Property or Intellectual Property: Patents, is preferred. Elements used in grading: oral presentation and papers.
Terms: Spr
| Units: 3
LAW 478:
IP Advanced Topics: The Future of Online Music and Online Video
The online music and online video industries are undergoing profound changes. In online video, the rise of Netflix and Hulu are just two examples of this trend. This class will explore how the different technical, economic or regulatory decisions we make today will interact to shape the future of these industries, and what the different options under consideration will mean for specific companies in this space. Class sessions will consist of a mix of guest lectures by industry leaders and class discussions of the assigned readings.nnThroughout the class, the students will work in interdisciplinary groups on problems facing specific companies in the online and online video industry today. For the final project, the groups will address specific policy problems from the perspective of a specific company, with different groups representing companies on different sides of an issue.
Last offered: Autumn 2012
| Units: 3
LAW 479:
International Law
This course provides a general introduction to international law and its role in today's complex and interdependent world. We will begin by considering fundamental questions about the nature of international law, such as the sources of international law (including treaties and customary international law), the subjects of international law, the origins of international law in the sovereign equality of states, and the absence of mechanisms for the authoritative interpretation or enforcement of international law. We will also examine the operation of international law in the U.S. legal system. We will then explore core concepts such as state responsibility and the bases upon which states may exercise jurisdiction. In the second half of the course, we will look at a series of contemporary international law topics and issues, including international human rights law, the law governing coercion and the use of armed force, the law of armed conflict, international environmental law, and international criminal law. Throughout, we will consider current issues and problems arising in the international arena and the extent to which international law actually affects the behavior of states. This course provides a general grounding in public international law and a foundation for more advanced or specialized international law courses. Elements used in grading: Class participation, optional paper, and final exam.
Terms: Spr
| Units: 4
LAW 480:
Law and Biosciences: Genetics
This seminar wil focus on ethical, legal, and social issues arising from advances in our knowledge of human genetics. These include forensic uses of genetics, genetic testing, widespread whole genome sequencing, the consequences of genetics for human reproduction, and the ethics of genomic biobanks for research, among other things. Students are required to write a research paper for this course. This class is crosslisted with HRP221. Special Instructions: The class is open to all law students and to other graduate students with consent of instructor. Substantial class attendance is required; in addition, the quality of class participation will play a small role in grading. Students will be required to submit an independent research paper. Elements used in grading: Class participation, attendance and final paper.
Last offered: Spring 2014
| Units: 3
LAW 481:
Communications Law: Internet and Telephony
New developments in Internet and other technology enable new forms of innovation, content production and political participation that have the potential to significantly transform our economy, society and democratic system. This transformation will not happen automatically. Technical, legal and economic choices will affect whether the Internet can realize its potential or not. Communications law - the law that governs both the physical infrastructures for communications services such as cable and telephone networks as well as the communication services which are provided over these infrastructures - has become one of the most important arenas in which choices affecting the future of the information society are made. The debates over network neutrality (whether network providers should be able to restrict the applications and content that their Internet service customers can access over the network) or the right ways to foster broadband deployment are examples of this trend. At the same time, the Internet's ability to support a variety of different communications services such as telephony, information services or video over the same physical network infrastructure challenges the existing communications law, which is based on the assumption that different physical infrastructures offer different communications services. What are the features of the Internet that are at the core of its economic, social, cultural and political potential? What can regulators and legislators do to allow the Internet to realize this potential? And how can they allow applications like Internet telephony and traditional telephony to coexist without giving one an unfair advantage over the other? The course will address how current law deals with these questions, but also explore what regulators and legislators may do to better deal with the challenges posed by the Internet. The course is mostly focused on the US, but highlights developments elsewhere where appropriate. Special Instructions: Students may take Communications Law: Internet and Telephony and Communications Law: Broadcast and Cable Television in any order (neither is a prerequisite for the other). There are no prerequisites for this course. No technical background is required. Elements used in grading: Class participation, attendance, final exam.
Last offered: Winter 2015
| Units: 4
LAW 483:
Deal Litigation Seminar
Practical and doctrinal perspective on mergers and acquisitions litigation. Case studies from practice in the Delaware courts where much contemporary deal litigation occurs; students apply cases and legal principles in practical situations that may arise in a transactional litigation practice. The litigator's role in the transactional setting. Prerequisite: familiarity with basic corporate law principles.
Last offered: Winter 2008
| Units: 2
LAW 483:
Deal Litigation Seminar
This seminar is designed as an introduction to mergers and acquisitions litigation. The course aims to provide both a practical and doctrinal perspective on M&A-related litigation and will rely heavily on readings and issues derived from practice in the Delaware courts where much contemporary deal litigation occurs. Students will be asked to apply cases and legal principles in various practical situations that may arise in a transactional litigation practice. Familiarity with basic corporate law principles is assumed. Classes and readings. The first segment of the course will introduce basic doctrinal principles of M&A law and provide an introduction to the litigator's role in the transactional setting. The remaining sessions will revolve around three detailed M&A case studies, with seminar members divided into group roles. The first week of each case study will involve the negotiation and structuring of an M&A transaction. The second week will involve litigation relating to the transaction. Reading for these sessions will include case scenarios, supporting materials, and additional relevant case law and articles. The attendance and active participation of seminar members is essential. Readings for all classes will be provided in spiral-bound volumes distributed in class. Written assignments and grading. Students will be expected to (i) write a final paper; (ii) prepare two additional short written assignments associated with the case study assignments (such as marking up draft documents or preparing court papers); and (iii) participate actively in class. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Students taking the seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length. Corporations (Law 242) is a prerequisite. Elements used in grading: Attendance, class participation, written assignments and paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Win
| Units: 2-3
LAW 487:
The Evolution of Finance
This course discusses the financial crisis of 2008-9, developments since that time, and the future of finance. We consider how regulation, technology, and the changing world economy will create challenges and opportunities. We have guest speakers for about half of the classes. The list changes from year to year, but 2013's speakers included Tanya Beder, Sue Decker, Jacob Goldfield, Tom Kempner, Ana Marshall, Vincent Reinhart, Larry Summers, and Kevin Warsh. Elements used in grading: Group Project/Paper. Mandatory attendance. Absences impact grade. Participation 25% Project/Paper 75%. Cross-listed with Graduate School of Business (MGTECON 343).
Terms: Win
| Units: 2
LAW 488:
Legal Aspects of Autonomous Driving
Self-driving cars and trucks are rapidly entering the mainstream. They raise key legal and policy questions, which this seminar explores through source materials (from case law to treaties), academic scholarship, and industry speakers. Topics include state and federal regulation, public and private standards, liability and insurance, privacy and security, and social norms. Because the course is intended to meaningfully advance-rather than to merely present-legal analysis of this emerging technology.
Last offered: Autumn 2012
| Units: 2-3
LAW 490:
Reproductive Justice: Law, Policy and Advocacy
This course offers an opportunity to explore constitutional doctrines on childbearing and to consider contemporary strategies for advancing reproductive justice. We will examine federal court decisions defining reproductive rights, including cases involving conflicts between reproductive freedom, religious liberty and freedom of speech. We will consider the limits of federal constitutional protection for vulnerable communities, such as teenagers, inmates and women with public insurance. In light of those limitations, we will consider alternative strategies to strengthen reproductive freedom: state constitutional litigation, legislation, administrative advocacy, communications, organizing and initiative campaigns. Each of these will be paired with a current reproductive rights controversy, such as insurance coverage of contraception, teenagers' access to confidential reproductive health care, abstinence-only sex education and prosecution of pregnant women. Reproductive justice advocates, including litigators, organizers and legislative advocates will make guest appearances. The success of this course depends on lively class participation. Students will write a short piece on each week's topic using a different advocacy style (such as a legislative fact sheet, blog post, initiative ballot argument, op-ed article) and will make oral presentations in class. Special Instructions: CLASS WILL MEET SIX FRIDAYS on April 1, 8, 29 and May 6, 13 and 20. Elements used in grading: Class participation and written assignments.
Terms: Spr
| Units: 2
LAW 491:
Myth, Law, and Practice
Collective myths from a variety of traditions and cultures capture enduring psychological truths about human choices and the human condition. Lawyers at various stages in their careers have their own personal myths, sometimes conscious and sometimes not. These personal myths embody key tendencies that determine or heavily influence each lawyer's personal and professional path. This course uses some salient collective myths as well as modern psychological material to create a powerful backdrop for self-examination and self-development. It offers a space and time for each student to consider his or her own personal and professional direction through the course materials, class interactions, and a series of reflection papers. The course benefits from the collaboration of Ron Tyler, Director of the Criminal Defense Clinic, who will conduct a session focusing on mindfulness practices. Elements used in grading: A series of reflection papers totaling at least 18-pages.
Terms: Win
| Units: 2
LAW 492:
Multi-Party Litigation
This introduction to aggregative litigation will cover joinder of claims and parties, class actions, and multidistrict litigation, as well as related topics such as preclusion and brief coverage of remedies and choice of law. The focus will be both doctrinal and practice-oriented, and we will also consider broader questions of how the civil justice system should respond to mass harms as well as proposals for reform.nnThis course is strongly recommended for students planning a practice in private or public civil litigation, managing or supervising litigation, or a judicial clerkship. It provides a basis for advanced courses such as complex litigation.nnElements used in grading: Class participation, assignments and final exam.nnThis course is open to first-year Law School students.
Last offered: Winter 2014
| Units: 3
LAW 493:
Entrepreneurship, Leadership and the Law Practicum
Starting or advising a growing social enterprise requires on-the-ground experience. This class brings theory and case studies examined in Entrepreneurship, Leadership and Law in Social Enterprise to use through placements as consultants with local social enterprises. Students will make connections in the community; learn creative and hands-on problem solving skills; teamwork and communication skills; and be inspired to innovate and break away from the traditional lawyer path.
Last offered: Autumn 2012
| Units: 2
LAW 496:
Legal Studies Workshop
The Legal Studies Workshop is designed to support students working on a piece of legal scholarship with an eye to publication. The workshop will meet every other week throughout the academic year. Students may sign up for any combination of quarters, and will receive one credit for each quarter they are enrolled. Each session will be devoted to presentations of one or two student works-in-progress. Every student is expected to present his or her own work at least once while enrolled (although many students enroll for multiple quarters), and to provide constructive oral feedback on others' work. Attendance is mandatory (except of course for extenuating circumstances). There are no written requirements for the course, and no requirement that the work presented be original to the Workshop. Students may wish to use the Workshop as an opportunity to expand on seminar papers or pursue independent research projects for which they are getting separate credit through one of the research tracks (e.g., directed research, dissertation). Whether students are working on a new project or revising an old, the expectation is that students will develop their topics independent of the course. Students who would like to participate in the Workshop but feel they need help in developing a workable research topic should consult faculty members ahead of time. Elements used in grading: Class participation and attendance.
Terms: Aut, Win, Spr
| Units: 1
| Repeatable
6 times
(up to 6 units total)
LAW 498:
Designing Liberation Technologies
Small project teams will work with selected NGOs to design new technologies for promoting development and democracy. They will conduct observations to identify needs, generate concepts, create prototypes, and test their appropriateness. Some projects may continue past the quarter towards full-scale implementation. Taught through the Hasso Plattner Institute of Design at Stanford (d.school.stanford.edu). This course is cross-listed with the Computer Science and Political Science Departments (Same as CS 379L and POLISCI 337T). Enrollment is limited to a total of 16 students (under all course numbers combined), by consent of instructor. Students may enroll for 3 credits or 4 credits with additional assignments. Consent Application: To apply for this course, students must complete and submit a consent application available at http://bit.ly/libtech2014. See Consent Application Form for submission deadline and additional course information. Elements used in grading: Attendance and participation in all phases of the team project, from conception through execution. (Cross-listed as CS 379L and POLISCI 337T).
Last offered: Spring 2014
| Units: 3-4
LAW 499:
Intellectual Property: Trade Secrets
With the increasing importance of technology to industry and the ease with which information can now be downloaded and shared, trade secret protection has become one of the most important issues in intellectual property today. The law has to strike a balance between encouraging and protecting commercial investment in research, and preserving an individual's right to change employment or to compete directly against a former employer. In addition to examining the law and the theory behind it, we will emphasize the practical aspects of protecting information as a trade secret. We will discuss the challenges and issues involved in litigating trade secret cases, creating corporate programs to protect trade secrets, and drafting agreements. We will feature several guest speakers and will highlight topics of current interest, such as "inevitable disclosure," non-competition agreements, trade secrets and the Internet, and cybercrime. The class should be of interest to students who expect to practice intellectual property law as well as to students who expect to be involved in corporate transactions and labor law. Elements used in grading: Class participation and final exam.
Terms: Spr
| Units: 3
LAW 500:
Modern American Legal Thought
The course is a survey of the theories of law and adjudication that have been most important in this country since the Civil War, concluding with an introduction to significant contemporary schools of legal thought. We will consider Formalist (Langdellian) Legal Science, Sociological Jurisprudence, American Legal Realism, the Legal Process School, Law and Moral Philosophy, Law and Economics, Feminist Jurisprudence, Public Choice Theory, and Neo-formalism. The readings are drawn principally from primary materials - the important contemporary manifestos and critiques of the schools of thought studied, along with writings that involve their application to concrete legal problems or reveal their influence on others. Among the recurring issues treated are: How political is law? How objective? How much do and should courts legislate? Is law mostly rules? Principles? Policies? Decisions? How much should law be bound up with other intellectual disciplines? What should legal education be like? Special Instructions: If any student would like to write a research paper in lieu of the final exam, he or she should consult the instructor before the start of the course. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Final Exam or Final Paper.
Terms: Win
| Units: 3
LAW 504:
International Business Negotiation
This course is structured around a quarter-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at Berkeley Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Berkeley will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted both in-person and via videoconferences. The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Berkeley). Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges, as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. In addition to the regular Monday class, classes will meet for the live negotiations on two Thursday evenings on-campus at 7:00 PM (10/15 and 10/22) and three Saturday mornings at 10:30 AM (10/10, 10/31 and 11/14) in the San Francisco office of DLA Piper (555 Mission Street; close to Montgomery St. BART station). Due to the Thursday and Saturday classes, this class will conclude on November 16. The course will be limited by lottery to twelve (12) law students (additional students from business or engineering may also participate). Attention Non-Law Students: You must complete and submit a Non-Law Student Course Add Request Form to the Law School Registrar's Office (Room 100). See Stanford Non-Law Student Course Registration on the SLS Registrar's Office website. Prerequisites: A course in basic negotiations (e.g., Law 615) or comparable prior experience is recommended. A primer on basic negotiations skills will be offered at a time TBD as an alternative for students who have not had a prior negotiations class or experience. Elements used in grading: Class participation, written assignments and final paper.
Terms: Aut
| Units: 3
LAW 508:
Law and Social Change in the Global Context
This colloquium will examine the impact of human rights and rule of law strategies on social change in the global context. nOver the past two decades, the establishment of international criminal courts and the expansion of regional human rights tribunals have significantly improved the enforceability of international human rights law in many regions of the world. Within a similar timeframe, building the rule of law, especially in transitional societies, has found an increasingly important place on the development agenda of international organizations, governmental development agencies and private foundations. One issue that remains unclear is the impact of human rights enforceability on the reform of domestic justice systems. nDuring the first half of the course, students will read and discuss articles that provide an overall framework for understanding the field of international human rights and the field of rule of law, including the most common critiques of both fields as they are currently practiced. nIn the latter half of the course, students will hear examine case studies and hear perspectives from leading public interest attorneys about how they are deploying human rights mechanisms and engaging with the process of legal reform in their respective countries. There will be a focus on equal treatment and the lack of discrimination on the basis of race or ethnicity as a case study. The attorneys will offer on-the-ground observations of both the complex relationship between human rights and rule of law, and the potential and limitations of both approaches. nStudents will be required to participate in a symposium of leading international practitioners that addresses the same topic, and to synthesize lessons learned from the symposium as their final writing assignment. nSpecial instructions: Requirements will include class participation, a class presentation and (1) either short written weekly reflection papers (about 3-4 pages) for and a short research paper (about 5 pages) for ¿W¿ credit or (2) a long paper (approximately 30 pages) for "R" credit with consent of the instructor.nWriting (W) credit is for 3Ls only.
Last offered: Autumn 2013
| Units: 3
LAW 509:
Facilitation for Attorneys
This course is designed to help students develop an understanding of the practice of facilitation in the legal context and to develop skills as facilitators. As the practice of law becomes more complex, it includes more and more situations where groups of people need to work together. Common examples include: planning complex legal strategies, developing firm policies, coordinating work among attorneys and staff, working with corporations or other multi-person clients, shareholder meetings, public commissions and councils, corporate and non-profit Board of Directors meetings. Countless hours are spent in meetings - a typical lawyer in the United States can expect to spend at least 10,000 hours in meetings during his or her working life. This course will help students improve the quality of both the processes and products of meetings, as a facilitator, leader, or meeting participant. Class Schedule dates: Oct. 9 (4:30 - 9p.m.), Oct 10th (9 - 5:15) and Oct. 17th (9 - 5:15). Elements used in grading: Class attendance, participation and final paper.
Terms: Aut
| Units: 2
LAW 511:
Legal Cultures and Legal Professionals in Latin America and Latin Europe
The Latin countries of Europe and Latin America are the most direct inheritors of Roman language and law. They have made very important contributions to the history of law and mankind. They have not only an important legal tradition ¿the civil law tradition- but also some countries of the area among the fast growing economies of the world and are undergoing quick social change. This course proposes to give a broad picture of the transformation of law and legal thinking, and the relation between law and society in this important part of the world.
Last offered: Autumn 2012
| Units: 2
LAW 512:
Intellectual Property: Licensing
In this course we cover the major aspects of intellectual property licenses. We will cover patent, copyright, trademark and trade secret licenses in a variety of industries. We will focus on agreements governed by US federal and state law, but will cover select issues in cross border transactions. Topics include: grant language, upstream and downstream immunities, change of control events, indemnities, and insolvency. Using a case law-based approach, we will examine the interrelationship between contract language and background law. Introduction to Intellectual Property or consent of the instructor is a prerequisite for this course.
Last offered: Autumn 2012
| Units: 2
LAW 513:
California Climate Change Law and Policy
Same as EARTHSYS 233, EARTHSYS 133. The California Global Warming Solutions Act of 2006, the clean cars and trucks bill, and the greenhouse gas emissions performance standard. Complementary and subsidiary regulations such as the renewable portfolio standard, the low Carbon fuel standard, land use law, and energy efficiency and decoupling. Focus is on the draft scoping plan to outline California's policies for economy-wide reductions in greenhouse gas emissions. The Western Climate Initiative. History, details, and current status of California's efforts.
Last offered: Autumn 2008
| Units: 2
LAW 514:
California Coast: Science, Policy and Law
This interdisciplinary course integrates the legal, scientific, and policy dimensions of how we characterize and manage resource use and allocation along the California coast. We will use this geographic setting as the vehicle for exploring more generally how agencies, legislatures, and courts resolve resource-use conflicts and the role that scientific information and uncertainty play in the process. Our focus will be on the land-sea interface as we explore contemporary coastal land-use and marine resource decision-making, including coastal pollution, public health, ecosystem management; public access; private development; local community and state infrastructure; natural systems and significant threats; resource extraction; and conservation, mitigation and restoration. Students will learn the fundamental physics, chemistry, and biology of the coastal zone, tools for exploring data collected in the coastal ocean, and the institutional framework that shapes public and private decisions affecting coastal resources. There will be 3 to 4 written assignments addressing policy and science issues during the quarter, as well as a take-home final assignment. Special Instructions: In-class work and discussion is often done in interdisciplinary teams of students from the School of Law, the School of Engineering, the School of Humanities and Sciences, and the School of Earth, Energy, and Environmental Sciences. Students are expected to participate in class discussion and field trips. Elements used in grading: Participation, including class session and field trip attendance, writing and quantitative assignments. Cross-listed with Civil & Environmental Engineering (CEE 175A/275A), Earth Systems (EARTHSYS 175/275), and Public Policy (PUBLPOL 175/275).
Terms: Spr
| Units: 4
LAW 514:
The California Coast: Science, Policy, and Law
(Same as EARTHSYS 175, EARTHSYS 275, CEE 175A, CEE 275A.) Interdisciplinary. The legal, science, and policy dimensions of managing California's coastal resources. Coastal land use and marine resource decision making. The physics, chemistry, and biology of the coastal zone, tools for exploring data from the coastal ocean, and the institutional framework that shapes public and private decision making. Field work: how experts from different disciplines work to resolve coastal policy questions.
Last offered: Winter 2009
| Units: 3
LAW 515:
Sustainable Energy: Business Opportunities and Public Policy
This course examines trends and opportunities in the sustainable energy sector with a particular focus on low carbon energy. We examine these trends in the context of technological change, emerging business opportunities and the parameters set by public policy. Specific topics to be examined include: > The State of the Global Cleantech Industry.> The Impact of Regulatory Policies and Tax Subsidies.> Cost Competitiveness of Alternative Energy Technologies.> VC Perspective on Sustainable Energy Start-ups.> Project Finance > Fossil Fuels and Carbon Capture.> Renewable Energy, including Solar PV and Biofuels.> Energy Efficiency and Storage. Elements used in grading: Active class participation (30% of grade), case studies (30% of grade) and a course project (group project) to be delivered at the end of the fall quarter (40% of grade). The course project can alternatively (i) develop a (rough) business plan, (ii) analyze an existing business or technology in the sustainable energy domain, or (iii) analyze the impact of an existing regulation or proposed policy. Enrollment: Enrollment is capped at 60 students. The class is open to all MBA and Law School students. 10 seats will be set aside for graduate students from outside the two schools. These students are required to obtain instructors' permission for enrollment. Compressed class: Class will meet in weeks 3, 4, 5 and 7 of the Autumn Quarter. Cross-listed with the Graduate School of Business (GSBGEN 332).
Terms: Aut
| Units: 3
LAW 516:
Law and Humanities Workshop: History, Literature, and Philosophy
The Law and Humanities Workshop: History, Literature, and Philosophy is designed as a forum in which faculty and students from the Law School and from various humanities departments can discuss some of the best work now being done in law and humanities. Every other week, an invited speaker will present his or her current research for discussion. In the week prior to a given speaker's presentation, the class will meet as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students will then read the speaker's paper in advance of the following week's workshop presentation. Students have two options. Those taking the course for 2 credits are required to write a brief response to each speaker's paper. There will be a total of four speakers, and thus four papers. Guidance will be provided concerning how to frame these response papers, which will be due every two weeks - i.e., on the day before the speaker presents. Students taking the course for 3 credits are required to write a research paper on a law and humanities topic that they choose (in consultation with the professors). Law students who complete this 3-unit track will receive an "R" credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Enrollment will be limited to 30 students -- 20 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class participation, attendance, and writing assignments. Cross-listed with the Department of History (HIST 308F).
Terms: Win
| Units: 2-3
LAW 517:
Why Intellectual Property?: Rationales and Critiques of IP Law
Why do societies decide to grant special legal protection to various types of creative works? A number of answers have been given over the years. Some are utilitarian: we grant these rights because doing so maximizes social welfare. Some are deontological: we grant rights because this is morally required in a just society. We will examine these various justifications, as well as variants on them. We will also ask how a society, having decided to grant some version of IP rights, ought best structure them. Should they be true property rights, with all or most of the powers this implies (creator control over uses, right to compensation from exploitation, etc.), or something else? Would a state-backed reward system work better, so that compensation is divorced from individual control? Should compensation for successful creators be limited or capped, as part of a wider attempt to moderate the distributional impacts of granting individual property rights; or must we tolerate ¿big winners¿ as an inducement or symbolic reward for other creators? We will address these and related questions by reading two sets of materials: (1) classic treatments of property rights (Locke, Kant, etc.) and social justice (Rawls); and (2) material from the contemporary literature on IP theory. We may also host some of the most interesting scholars working in the field of IP theory today, to come and explain their thinking and their work.
Last offered: Spring 2013
| Units: 2
LAW 518:
International Public Interest Lawyering Colloquium
Over the past two decades, the establishment of international criminal courts and the expansion of regional human rights tribunals have significantly improved the enforceability of international human rights law in many regions of the world. Within a similar timeframe, building the rule of law, especially in transitional societies, has found an increasingly important place on the development agenda of international organizations, governmental development agencies and private foundations. One issue that remains unclear is the impact of human rights enforceability on the reform of domestic justice systems. nnThis colloquium will examine the relationship between international human rights and domestic rule of law in transitional societies from the perspective of public interest attorneys who are seeking to achieve justice for clients who are low-income and marginalized. During the first half of the course, students will read and discuss articles that provide an overall framework for understanding the field of international human rights and the field of rule of law, including the most common critiques of both fields as they are currently practiced. nnIn the latter half of the course, students will hear perspectives from leading public interest attorneys about how they are deploying human rights mechanisms and engaging with the process of legal reform in their respective countries. There will be a focus on gender equality and protecting the human rights of women as a case study. The attorneys will offer on-the-ground observations of both the complex relationship between human rights and rule of law, and the potential and limitations of both approaches. Students will be required to participate in a symposium of leading international practitioners that addresses the same topic, and to synthesize lessons learned from the symposium as their final writing assignment.
Last offered: Autumn 2012
| Units: 2-3
LAW 519:
21st Century Professional Skills and Practice Management
This course will help students to develop the professional management skills that are essential for a successful legal career. The course will focus on team dynamics and leadership; effectively communicating with clients, colleagues, other parties and tribunals; client development and service; managing expectations and unexpected adversity; and the economics of law practice, including forecasting demand for legal services and project management. For the final paper, students will create a comprehensive, personal plan outlining the substantive knowledge, professional skills, and business focus they need to build a fulfilling law practice. Assignments and simulations will demonstrate and model various skills and instructors will provide real-time feedback to students on class exercises. The course is not limited to any particular type of practice (size or substantive area). Elements used in grading: Class participation and attendance, course exercises and written assignments.
Terms: Win
| Units: 2
LAW 520:
Betrayal and Loyalty, Treason and Trust
The main topic of the seminar is Betrayal: its meaning as well as its moral, legal and political implications. We shall discuss various notions of betrayal: Political (military) betrayal such as treason, Religious betrayal with Judas as its emblem, but also apostasy (converting one's religion) which is regarded both as a basic human right and also as an act of betrayal, social betrayal - betraying class solidarity as well as Ideological betrayal - betraying a cause. On top of political betrayal we shall deal with personal betrayal, especially in the form of infidelity and in the form of financial betrayal of the kind performed by Madoff. The contrasting notions to betrayal, especially loyalty and trust, will get special consideration so as to shed light or cast shadow, as the case may be, on the idea of betrayal. The seminar will focus not only on the normative aspect of betrayal - moral or legal, but also on the psychological motivations for betraying others. The seminar will revolve around glaring historical examples of betrayal but also use informed fictional novels, plays and movies from Shakespeare and Pinter, to John Le Carre'.nElements used in grading: Class Participation, Attendance, Final Paper.nThis course is cross-listed with PHIL 174L/274L ETHICSOC 174L/274L.
Last offered: Winter 2014
| Units: 2
LAW 522:
Private Equity Investing
This course will concern itself with the central issues related to private equity investing. Topics to be covered include the following: valuation, pricing and structuring of private investments; leveraged buyouts and other transactions involving multitiered capital structures; the structure and governance of pe funds; conceptual issues (such as option theory, asymmetric information and bounded rationality) relevant in this realm; and private equity as a distinct asset class. The primary pedagogical objective is to have students learn skills and tools used in the private equity arena including, inter alia, financial analysis, conducting a multipronged due diligence process, spreadsheet modeling and the crafting of legal documents. Case studies requiring the assessment of actual transactions will be utilized. We will have a number of guest speakers during the term, and will use various materials illustrative of what one would encounter in private equity deals and funds. Special Instructions: In order to enroll in Private Equity Investing students must concurrently enroll in PEI: Quantitative Skills Seminar (Law 721; 1 unit). In other words, no student may enroll in either Law 522 or Law 721 without also enrolling in the other. Elements used in grading: class attendance, participation and written assignments. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructor. See Consent Application Form for submission deadline.
Terms: Win
| Units: 3
LAW 524:
Mental Health Law
This seminar explores topics in mental health law with special emphasis on liberty issues. After a brief introduction to mental disorders, their treatment and the mental health profession, the seminar sessions will explore topics such as: civil commitment, criminal responsibility, competency determinations, and the right to refuse and consent to psychiatric treatment. A research paper is required. Elements used in grading: Final Paper.
Terms: Spr
| Units: 3
LAW 527:
Juvenile Crime, Juvenile Justice
Juveniles are accorded special status under the American legal system. This introductory course will examine the historical precedents and philosophical reasons for treating juveniles differently from adults, and review empirical evidence about child development that can illuminate the reasons for their special status within the court system. Students will learn about the distribution of juvenile delinquency and the impact of significant social and institutional influences on delinquency: family, school, peers, and drugs. The course will also provide a detailed overview of the juvenile system, from its beginning to the current state of the institution, which will include a review of police work with juveniles, pretrial procedures, and the juvenile court and corrections systems. Major court rulings that have shaped contemporary juvenile justice will be presented. Finally, the course will consider dispositional options available to Courts, and will identify the most effective in reducing delinquency. By the conclusion of this course, students should have an understanding of the juvenile justice system and how it compares with the adult justice system, what programs work to reduce recidivism, and be cognizant of some of the major legal and policy issues confronting that system today. The course format will combine lecture, group discussions, and guest presentations. Students may also have the opportunity to observe the juvenile justice system first hand by attending a juvenile court session, visiting a correctional facility for adjudicated delinquents, and hearing directly from those who work with high-risk youth on probation or in the community. Written Work. Each student will write four reflection papers, 5-7 pages each (about 1,700 words) over the quarter. Due dates will be listed in the class syllabus. Elements used in grading: Final grades will be based on the four reflection papers (20% each) and class participation (20%). This course is open to 2Ls, and 3Ls in the Law School. Cross-listed with Comparative Studies in Race & Ethnicity (CSRE 227).
Terms: Aut
| Units: 3
LAW 528:
Economic Analysis of Law
This course will provide a broad overview of the scholarly field known as "law and economics." The focus will be on how legal rules and institutions can correct market failures. We will discuss the economic function of contracts and, when contracts fail or are not feasible, the role of legal remedies to resolve disputes. We will also discuss at some length the choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors, such as regulatory authorities. Extensive attention will be given to the economics of litigation, and to how private incentives to bring lawsuits differ from the social value of litigation. The economic motive to commit crimes, and the optimal governmental response to crime, will be studied in depth. Specific topics within the preceding broad themes include: the Coase Theorem; the tradeoff between the certainty and severity of punishment; the choice between ex ante and ex post sanctions; negligence versus strict liability; property rules; remedies for breach of contract; and the American rule versus the English rule for allocating litigation costs. There is no formal economics prerequisite to take this course, though some prior training in economics will be helpful. Elements used in grading: Final exam (open-book) plus several take-home problems during the quarter. Cross-listed with Public Policy (PUBLPOL 302B). (For students interested in a shorter introduction to economic analysis of law, see Law 741, "Introduction to Law and Economics," which is a one-unit course also offered during the winter quarter that is graded on a mandatory pass-fail basis.)
Terms: Win
| Units: 3
LAW 531:
Wine and the Law
The wine industry is the subject of intense activity in many legal subject areas, including constitutional law, intellectual property, environmental and land use regulation, trade protectionism, and internet commerce. This seminar surveys the legal landscape of this multibillion dollar industry, focusing on contemporary debates and developments in judicial, legislative, and administrative arenas. Course materials will consist of a blend of judicial opinions, governmental materials, and secondary sources. The instructor specializes in litigation concerning the California wine industry, and the course will feature several guest speakers addressing the economic, political, and legal aspects of the subject in its state, national, and international dimensions. A paper will be required of all students on some topic of their choosing concerning the course subject matter. Students may earn an optional third unit by writing a longer paper. Special Instructions: Students may earn credit in this seminar in one of two alternative ways, both of which will be graded under the Honors/Pass system. The first alternative is to write a series of short commentaries (about 4-5 pages each) on the material covered in four weeks of your choosing. This alternative will satisfy the Law School's "W" writing requirement. If you elect this option, you may earn two credits. The second alternative is to write a single research paper on a topic of your choosing relating to the subject matter of the course. This alternative will satisfy the Law School's "R" research requirement. If you elect the second alternative, you may earn two or three credits; the required length of the paper is approximately 20 pages for two credits and approximately 30 pages for three credits. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation, attendance and final paper. Constitutional law is a prerequisite. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Autumn 2014
| Units: 2-3
LAW 532:
Understanding the Legislative Process: American Legislative Institutions in Analytical Perspective
Statutes are central to the legal system in the United States and virtually every other country, but they are generated through an intricate legislative process that is often poorly understood and has in recent years been subject to intense criticism. The primary goal of this course is to explore certain categories, procedures, and norms used in the U.S. Congress. The class will also consider how the U.S. legislative process functions relative to approaches in other countries (particularly advanced industrialized countries with mature legislative and executive institutions), and will critically examine some of the concerns that have been raised among scholars and commentators about the efficacy of the U.S. legislative process. Specific topics covered in the course will include the legislative budgeting and appropriations process; legal (including constitutional) interpretation in the legislature; oversight of executive and administrative action; legislative agenda-setting and other counter-majoritarian features of the lawmaking process; and the division of labor between legislative chambers, committees, and subcommittees. Students will have an option of either choosing between writing 4 short response papers (4-5 pp. each), or one longer paper for writing "W" credit for 3Ls only. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the W requirement, with consent of the instructor. Special Instructions Writing (W) credit is for 3Ls only. Elements Used in Grading: Class participation, attendance, four short response papers or final paper.
Last offered: Spring 2014
| Units: 3
LAW 534:
Law and Psychology
This course will examine the implications of psychological theory and research for normative legal theory and for contemporary legal policies, procedures, and practices. The course will draw on contemporary cognitive, social, and clinical psychology to address the concepts of intent, responsibility, deterrence, retribution, morality, and procedural and distributive justice. We will examine evidence law (e.g. eyewitness testimony, polygraphy, expert testimony, psychiatric diagnosis and prediction), procedure (e.g., trial conduct, jury selection, settlement negotiations, alternative dispute resolution), and various topics in criminal law, torts, contracts, property, discrimination, family law, and other areas. We will compare "rational actor" and psychological perspectives on decision making by juries, judges, attorneys, and litigants. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Series of shorter papers or final independent research paper totaling 28-pages.
Terms: Win
| Units: 3
LAW 537:
The United States Senate as a Legal Institution
This course will familiarize students with major, and/or emerging legal and constitutional issues concerning the U.S. Senate. In so doing, it will examine: 1) the Senate's nature as a complex legal institution, and 2) the issue of the Senate's legitimacy in the context of the current and largely unprecedented criticism of the Senate from all parts of the political spectrum. This first portion of the course will consider institutional-legitimacy issues facing the Senate, including the appointment of senators to fill vacancies as well as disputes concerning Senate rules and procedures such as the filibuster and holds. The second part of the course will explore how the Senate interfaces with the Constitution and the Supreme Court. It will examine how senators should regard the issue of constitutionality in voting on legislation, be it campaign-finance reform, internet decency, or health care. This part of the course will also consider how senators should approach proposed constitutional amendments. The final portion of the course will review the wide range of issues that have emerged in recent years regarding the constitutional relationship between the Senate and the Executive Branch, including the increasingly acrimonious issue of the standard to apply to executive appointments under the advice and consent power. Particular emphasis on this part of the course will be given to issues that have gained greater prominence since 9/11, including the relationship between enacted, constitutional legislation and the presidential assertion of Article II powers, as well as the Senate's abdication of its Article I war-declaration power. Elements used in grading: Class participation, attendance and final exam.
Terms: Aut
| Units: 3
LAW 538:
Sociology of Law
This course explores major issues and debates in the sociology of law. Topics include historical perspectives on the origins of law; rationality and legal sanctions; normative decision making and morality; cognitive decision making; crime and deviance, with particular attention to the problem of mass incarceration; the "law in action" versus the "law on the books;" organizational responses to law, particularly in the context of labor and employment; the roles of lawyers, judges, and juries; and law and social change with particular emphasis on the American civil rights movement. Special Instructions: Students are expected to attend a weekly TA-led discussion section in addition to lecture. Sections will be scheduled after the start of term at times when all students can attend. Paper requirements are flexible. Cross listed with the Sociology Department (Soc 136/236). See "Special Instructions" in course description above. Elements Used in Grading: Class participation, paper proposal, three short papers and a final paper (see syllabus for details).
Terms: Win
| Units: 3-4
LAW 539:
Law and Policy of the European Union
(Same as IPS 232.) European legal and institutional integration, the nature and sources of EU law, the evolution of the single market, and the building of a supranational judicial system. General principles of EU law, the scope of Community powers and their application in the national legal systems of the member states, EU legislation and adjudication, the four freedoms of the single market, corporate and competition policy, and human rights law. U.S.-EU trade and anti-trust issues, cooperation in defense, development assistance, promotion of democracy, and relations in the context of the new challenges to global governance.
Last offered: Winter 2009
| Units: 3
LAW 540:
Litigation and Institutional Design
This seminar will focus on issues of institutional design as they relate to complex litigation in the contemporary American legal system. Topics addressed will include explanations for the general move away from regulation and toward litigation in recent decades, the legal and policy implications of that trend, and contemporary efforts to retrench or remake the system. We will examine these topics from a number of substantive and procedural angles using case law, readings, and case studies. We will explore such disparate substantive areas of law as employment discrimination, securities regulation, qui tam actions, and mass torts. We will also discuss trans-substantive topics such as the class action device, private enforcement of public law (through regimes that deputize "private attorneys general" as enforcers), and federal regulatory pre-emption. Though the seminar will integrate knowledge from a number of fields of law and from other disciplines, emphasis will be given to the functional analysis of practical problems of institutional design. (Note: This course was previously titled "Reconstructing the Litigation State.") Grades will be based on class participation and either (1) several short reflection papers or (2) an independent research paper with consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement,with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, attendance, reflection papers or research paper.
Last offered: Spring 2014
| Units: 2-3
LAW 541:
Legal Profession Workshop: The Future of Big Law
Ever since the global financial crisis, legal media have focused on the contraction of the corporate legal services sector. But the future holds more high-end corporate law work, not less; the question is who (or what) is going to perform that work, in what organizational setting and what part of the world. This seminar will address the key dimensions of change in the "big law" market and how changes in the delivery of corporate legal services may affect legal careers, gender equality, diversity, and work-life balance. Topics include the increased power of General Counsel, new organizational models for delivering corporate legal services, the response of large law firms to new market factors, the expanding role of information technology in the delivery of corporate legal services, third-party litigation financing, changing legal markets outside the US, the evolution of global law firms, the effects of changes in law firm organization on women and lawyers of color, and the effects of changes in the legal market on legal careers. Course materials will include books and journal articles, media reports, blog posts and guest lectures. Students may enroll either in Section 01, Section 02, or Section 03. Students in Section 01 will receive 3 credits and write research papers on a topic of their choice, relying primarily on existing literature (e.g. journal articles, media reports and blog posts). These papers will be due on the regular submission date for Winter Quarter Courses. Students in Section 02 will receive 4 credits and write research papers on a topic of their choice, based on their own empirical research projects. Students may use existing ALM datasets (available through the library), conduct qualitative interviews or online surveys, scrape data from the Web, or use other data sources in their research. Prof. Hensler will meet with students in Section 02 as necessary to advise on research design, data collection and analysis. Research papers for Section 02 will be due on the submission date FOR THE SPRING QUARTER. Students in Section 03 will write an 18 page paper and attend all class sessions and receive 2 credits. Section 03 receives research writing credit and grading is based on the paper and class participation. Elements used in grading: Class participation and research paper.
Terms: Win
| Units: 2-4
LAW 543:
Entrepreneurship, Leadership and Law in Social Enterprises
Many believe that society's greatest challenges have already been solved by social entrepreneurs and the challenge is how to take their ideas to scale. However, it has become increasingly difficult to start and sustain social ventures. The lines between the public and private sectors have become increasingly blurry as best practices in the social sector now include innovation, strategy and accountability. This course will expose students to the work of social entrepreneurs in social enterprises - focusing primarily on domestic non-profit organizations. Using the "case study method" typically used in MBA programs, students will examine the challenges of starting, counseling, serving, funding and scaling social ventures through the eyes of the entrepreneur, investor, attorney and community leader. The course will explore the intricacies of remaining mission driven, talent, board relations, managing and sustaining growth, the changing role of corporate governance, and leveraging private sector partnerships and resources. Students will also explore innovative public / private sector partnerships and the challenges and opportunities of engaging diverse partners with differing agendas. The course will include guest speakers from the fields of law, business and the social sector. Throughout, students will explore the valuable roles that attorneys can and have played in such ventures. Students will be expected to attend, participate actively, present to the class and write reflection papers. Elements used in grading: Reflection Papers.
Last offered: Spring 2014
| Units: 2
LAW 545:
Alternate Dispute Resolution: Law, Practice, and Policy
Lawyers' representation of their clients increasingly calls for skill within a broad range of alternative dispute resolution processes. In this course, you will learn about the variety of dispute resolution procedures that operate under the ADR umbrella, within and outside of the court system (including mediation and arbitration). The goal is for students to understand the law and policy behind these alternatives relative to court adjudication, to be able to select the appropriate process for a client, and to effectively represent that client in the selected process. The teaching team includes third party neutrals and advocates from a range of contexts, including federal court, private mediation, private and public arbitration, and corporate legal counsel. An optional 1 unit module on International Arbitration will be taught in Spring quarter by Gary Born. Elements used in grading: Class participation, discussion, short written assignments.
Terms: Win
| Units: 3
LAW 546:
Alternative Dispute Resolution: Practicum
Effective client representation increasingly calls for lawyers with skill within a broad range of alternative dispute resolution processes. In this course, you will have the opportunity to observe 2-3 ADR processes being handled by Bay Area third-party neutral practitioners. Students in the class will meet periodically to review relevant law and policy, and to discuss observed cases. Grades will be based on seminar participation and 3 short papers. Co- or Prerequisites: Mediation or ADR. Elements used in grading: Class participation, attendance and written assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 2
LAW 548:
Social Media Law Seminar
As individuals, companies, and state actors exchange vast amounts of information via social media platforms such as Facebook, Instagram, Snapchat, Pinterest, and Twitter, the law has struggled to mediate competing social, economic, and regulatory interests. This course will examine a series of legal issues raised by (1) the flow of personal information through social media, (2) the emergence of business models premised on such information flows, and (3) expanded opportunities for law enforcement and government surveillance. It will also examine strategic and ethical issues surrounding lawyers' use of evidence derived from social media. Topics covered may include consumer privacy, online harassment, advertising and securities law regulations, copyright and user-generated content, electronic discovery, and the free speech interests of businesses, employees, and students. Each class session will focus on a particular facet of an emerging body of social media law, and students will read and discuss related case law, scholarship, and policy proposals. Grading will be based upon class participation, two short response essays, and a final paper. Students will present and discuss their final paper topics during the final weeks of the course. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Terms: Spr
| Units: 2
LAW 549:
Chinese Legal System: Introduction to the
Legal institutions, major areas of substantive and procedural law, and the gap between law on the books and in action. Topics include the World Trade Organization, the Communist Party's recognition of private property, and reforms of financial system and human rights protection mechanisms.
Last offered: Autumn 2008
| Units: 3
LAW 550:
Uses of Policy Analysis in the Law
Uses of policy analysis in substantive and procedural law reform and the practical and political constraints that limit its usefulness. Case study approach, including examples of policy analyses that played a role in recent policy debates, in the legislative arena, and in key court decisions. Previous topics include capital punishment, school vouchers, class actions, racial profiling, three-strikes laws, gun control, and gays in the military. Final paper. Prerequisite: LAW 383.
Last offered: Winter 2009
| Units: 2
LAW 554:
International Commercial Arbitration
This course is designed to provide students with an introduction to the theory and practice of international commercial arbitration, the preferred method of dispute resolution in international trade and commerce. It will familiarize students with the framework of international treaties and federal and state laws that undergird the international arbitral system and explore U.S. jurisprudence on the respective roles of courts and arbitral tribunals in resolving disputes subject to international arbitration. In addition the course will analyze alternatives in drafting international arbitration clauses, including the applicable arbitration rules, the significance of the agreed-upon place of arbitration, the number of arbitrators, and the method of their selection. The course will also impart a practical, in-depth understanding of each of the principal stages of arbitration, including the enforcement of the arbitration agreement; initiation of the arbitral proceedings; the availability of provisional remedies; the conduct of the arbitration from the pleading stage through discovery and briefing to the hearing; the arbitral tribunal's preparation of the award; and the judicial enforcement proceedings that conclude the process. Although the course will focus on the practice of international arbitration from the U.S. perspective, it will also introduce students to perspectives from other leading civil and common law jurisdictions. Elements used in grading: Class Attendance, Class Participation, Final Exam.
Last offered: Autumn 2014
| Units: 2
LAW 555:
The Plaintiffs' Lawyer: Institutional Constraints and Ethical Challenges
This course uses a study of plaintiffs' lawyers as a vehicle to explore many of the most controversial and important issues at the intersection of tort law, civil procedure, and legal ethics. Specifically, in this course, we will study who personal injury lawyers are, how they find clients, how they fund litigation, and how they usher complex cases to conclusion. In so doing, we will address: the role and regulation of lawyers, the use and abuse of the contingency fee, the legality and normative consequences of solicitation and attorney advertising, the propriety of secret settlements and expansive protective orders, the rise and impact of "alternative litigation finance," and the vexing issues posed by class actions, aggregate actions, consolidated actions, and multidistrict litigations (MDLs). The final segment of the course will involve a series of case studies, where students will test their knowledge of the Model Rules of Professional Conduct and have the opportunity to see the course's themes echoed and expressed in recent real-world controversies. Importantly, though the course is nominally focused on "the plaintiffs' lawyer," it does not just equip students to practice on one side of the "v." Rather, through our grounded study of legal ethics, advanced civil procedure, and contemporary legal practice, students will acquire tools that will be helpful across all kinds of civil litigation. The final paper will be due shortly after the course's conclusion. Elements used in grading: Class participation, reflection papers, final paper, and group presentation.
Terms: Spr
| Units: 3
LAW 556:
Counterterrorism Law and Institutions
This seminar will explore a range of legal and policy questions in U.S. law related to the prevention of terrorism. Topics include intelligence-gathering, investigations, and the prosecution of suspects in U.S. courts, including controversies surrounding the use of informants, material support laws, racial and religious profiling, electronic surveillance, terrorist watchlists, and terrorism trials. In exploring these controversies, the course focuses on several core themes: 1) the contested relationship between rights and security; 2) the question of institutional choice in national security decision-making and oversight; and 3) the challenge of assessing the efficacy of counterterrorism measures. The course pays special attention to the policy controversies that affect U.S. communities, including minority and immigrant communities. To develop skills central to the work of practicing lawyers, students will write two short papers that simulate the actual work assignments of lawyers for government agencies, human rights groups, or other interested parties. For instance, students might draft a local ordinance on police intelligence-gathering, prepare a memo for a national security agency head or member of Congress, or design an administrative mechanism for resolving watchlist complaints. These assignments, for Professional Writing (PW) credit, will be due before the end of the quarter. Alternatively, students may opt to take the seminar for Research (R) credit with the professor's approval, according to the standard requirements and deadlines. In addition to completing the writing assignments, students are expected to read thoroughly and contribute to a thoughtful and lively discussion each class. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and two short papers or research paper.
Last offered: Spring 2015
| Units: 2
LAW 557:
Direct Democracy
In recent years, the use of ballot measures has sharply risen, and initiatives and referenda have featured prominently in contested debates over immigration, affirmative action, abortion, same sex marriage and term limits. This seminar will focus on direct democracy as a method of lawmaking. Our principal focus will be on initiatives and referenda, but we will allocate some time to the recall, as well. We will consider the history, practice, theoretical justifications, and constitutional dimensions of direct democracy, as well as how direct democracy interacts with representative democracy. We will also explore many legal questions that have arisen in as ballot measures have been used as instruments of governance and policy. Topics will include whether direct democracy comports with the federal constitution; judicial review and interpretation of ballot measures; minority rights under direct democracy; election rules relating to signature gathering, qualifying ballot measures and campaign finance; and the role of interest groups. I anticipate one or more guest lecturers.nnEach student will present on one particular ballot measure that is linked to that week's topics. Students will write either multiple response papers (for W credit) or a final research paper (for R credit) on a topic to be worked out with the instructor.nnSpecial Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length.nnnElements used in grading: Class participation, written assignments, multiple response papers or a final paper.nnnWriting (W) credit is for 3Ls only.
Last offered: Autumn 2013
| Units: 2-3
LAW 558:
Workshop on International Security, Law, and Social Science
Societies throughout the world face pressing security and international cooperation problems involving insurgency, transnational crime, risk regulation, migration, arms control, and related areas. This seminar, based at Stanford's university-wide Center for International Security and Cooperation covers a variety of issues of interest for a multi-disciplinary audience of social scientists, lawyers and legal scholars, and natural scientists, among others. Issues include nuclear weapons proliferation and arms control, war and civil conflict, international and transnational organizations, governance, counter-terrorism, biosecurity and global public health, and migration.
Last offered: Spring 2013
| Units: 1
| Repeatable
2 times
(up to 2 units total)
LAW 560:
Mental Health Law: Forensics
It is estimated that nearly one-third of Americans experience a diagnosable mental disorder each year. This course is designed to provide law students with a working knowledge of the major areas of mental health and illness, as well as a basic understanding of legal issues affecting the practice of psychology and psychiatry. Basic concepts of clinical psychiatry and psychopathology will be highlighted throughout the course. We will also address legal issues that pertain to the needs and rights of individuals with a mental disorder and explore the delivery of mental health services, the regulation of mental health professionals, and the relationship between society and individuals with a mental disability. Whenever appropriate, landmark cases will be discussed and their impact in the practice of mental health delivery (i.e., psychiatry and psychology) and on the practice of law, will be discussed. nnThis course is intended to be interactive and while the core of the course is pre-determined, some of the content will be tailored to address interests and needs of participants. The structure of most sessions will begin with case presentations highlighting the day's topic, followed by a didactic portion from the instructor, ending with an interactive discussion between class members and invited panelists. nnGrades will be based on class participation, group participation in a mock deposition/trial, and a research paper for R credit- the topic for the paper is to be agreed upon between the student and the course director.nnElements used in grading: Class participation, attendance, group participation in a mock deposition/trial and final paper.
Last offered: Winter 2014
| Units: 3
LAW 562:
Comparative Civil Rights
This course will compare civil rights laws in the United States to those in several other countries in Europe and the developing world. We will focus on how differing national histories, priorities, politics and demographics have led to distinct approaches to anti-discrimination as well as on how civil rights movements have influenced and borrowed from each other. Special Instructions: The course will be taught using a "flipped classroom" format: students will complete a series of on line class segments that include video interviews with experts from around the world, texts and quizzes. The on line materials will allow flexibility so that students can focus in greater depth on areas of interest as well as review foundational material on American anti discrimination law, international law and international human rights. Classroom time will be dedicated to discussion and questions. Students have the option to write papers for Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students enrolled in this class will have the option of participating in a one-week extension of the course (Law 562A) in Paris, France during spring break for an additional credit. Students may enroll for this course alone or for both this course and Law 562A. As one of the SLS overseas courses, the first eight weeks of the course will coincide with the first eight weeks of the Winter Quarter, and will be conducted at Stanford Law School. The overseas option is limited to 12 students. (See Law 562A for application instructions and deadline). Elements used in grading: Class participation, attendance and final paper.
Terms: Win
| Units: 4
LAW 562A:
Comparative Civil Rights: Paris Field Study
This is the Paris, France component of Comparative Civil Rights (Law 562). For details, see course description for Law 562. Students in this optional field study component will travel to Paris, France for one week during the spring recess. There they will meet with attorneys, government officials, activists and scholars who specialize in French and European anti discrimination law. Enrollment is limited to 12 students. Elements used in grading: TBD. APPLICATION: To apply for this course, students must complete and e-mail the Application Form available on the SLS Registrar's Office website (see Registration) to the SLS Registrar's Office. See Application Form for submission deadline.
Terms: Win
| Units: 1
LAW 563:
Beyond the Common Law: Tort Reform and Tort Alternatives
Over the past century, tort law has been under sustained attack. Using a broad mix of case law, case studies, and scholarly analysis, this seminar will interrogate those attacks--including their historical roots, their theoretical justifications, and their practical effects. We will first study "replacement reforms"--attempts to jettison the common law in favor of alternative compensation mechanisms, including workers' compensation, auto no-fault, the September 11th Victim Compensation Fund, and the Vaccine Injury Compensation Program, housed within the U.S. Court of Claims. Second, we will study modern tort reform initiatives, often dubbed "discouragement reforms," which have chiseled away at damages and chilled personal injury victims' incentives and capacity to seek relief. Finally, we will study the United States Supreme Court's own tort reform activity, including recent jurisprudence limiting punitive damages, preferencing arbitration, and granting broad preemptive effect to agency actions. Through this analysis, students will develop a deeper and richer understanding of the tort system, its contemporary operation and excesses, and the uneasy but undeniably important place tort law--and civil litigation more generally--occupies in contemporary American society. Special Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation, class attendance, reflection papers or research paper. Early drop deadline.
Terms: Spr
| Units: 2-3
LAW 564:
The Future of Finance
If you are interested in a career in finance or that touches finance (computational science, economics, public policy, legal, regulatory, corporate, other), this course will give you a useful perspective. We will take on hot topics in the current landscape of the global markets as the world continues to evolve from the financial crisis. We will discuss the sweeping change underway at the policy level by regulators and legislators around the world and how this is changing business models for existing players and attracting new players to finance. The course will include guest-lecturer perspectives on where the greatest opportunities exist for students entering or touching the world of finance today including new and disruptive players in fin tech, crowd financing, block chain, robo advising, algorithmic trading, big data and other areas. New challenges such as cyber and financial warfare threats also will be addressed. While derivatives and other quantitative concepts will be handled in a non-technical way, some knowledge of finance and the capital markets is presumed. Elements used in grading: Class Participation, Attendance, Final Paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructor(s). See Consent Application Form for submission deadline. Cross-listed with Economics (ECON 152/252), Public Policy (PUBLPOL 364), Statistics (STATS 238).
Terms: Win
| Units: 2
LAW 565:
Immigration Law: Current Constitutional and Civil Rights Issues
Issues related to the constitutional and civil rights of immigrants. Focus is on the statutory framework regulating the admission of non-citizens and the constitutional principles that govern immigration law and policy. Issues may include restrictions on federal court jurisdiction over immigration matters, detention of non-citizens, public and private discrimination on the basis of alienage, labor and workplace rights of immigrant workers, refugee and asylum law, post 9/11 issues, local and state laws targeting immigrants, and matters pending in the Supreme Court. Guest lecturers.
Last offered: Autumn 2008
| Units: 2
LAW 565:
Immigration Law and Policy
This course will examine many aspects of immigration law including the criteria for admission to the United States on a temporary or permanent basis, the grounds and processes of removal, the functions of relevant administrative agencies, the role of the courts, the nature and structure of immigration enforcement, the role of states and localities in immigration law, refugee and asylum law, the constitutional status of foreign nationals in the U.S., and citizenship. Students will be assessed on short writing assignments and a three-hour, in-class final examination. Elements used in grading: Class Participation, Written Assignments, Final Exam.
Terms: Win
| Units: 3
LAW 572:
Social Justice Impact Litigation: Issues and Strategies
This seminar is designed to examine strategic and legal issues related to litigating impact and social justice cases that advance the constitutional and civil rights of vulnerable communities. The course will be informed by the instructor's three decades of experience litigating class action and appellate cases, including in the Supreme Court, on behalf of immigrants and civil rights plaintiffs as the founder and former director of the ACLU national Immigrants' Rights Project. We will consider some key doctrinal issues as a prelude to exploring litigation strategy and approaches through a variety of case studies, pending litigation, and guest lecturers. Among the issues we may examine are: selecting and using test cases; strategic pleading; class action problems; ethical questions; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; settlement strategies; coalition litigation; use of public advocacy and media; the impact of litigation on policymakers and government officials; and the role litigation in furthering legislative action. Some guest speakers will be invited. This seminar is not appropriate for 1L students. Enrollment is limited. Grading will be based on class participation and written work of at least 18 pages. In consultation with the instructor at the beginning of the course, students will have the option of choosing either to submit a final paper or a series of reflection or analytical pieces responding to the seminar readings. All students enrolled in the course are eligible for Writing (W) credit. With the instructor's prior consent, a limited number of students may be approved for Research (R) credit for writing a substantial research paper on an approved topic. After the term begins, students approved for R credit will transfer from section (01) into section (02). Elements used in grading: Class participation (50%) and written submissions (50%). Writing (W) credit is for students entering prior to Autumn 2012. The seminar is not open to 1L students. - - - CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. There are no prerequisites but familiarity with constitutional litigation and federal jurisdictional issues is helpful. See Consent Application Form for submission deadline.
Last offered: Spring 2014
| Units: 2
LAW 573:
Legislating
Legislating- representing the voters in the making of laws-is obviously a very important part of our democracy, but it is also the least well understood. There is much greater public understanding of both the Executive and Judicial branches. And this lack of understanding unfortunately contributes to a negativism about the Legislative process which in turn deepens the unhappiness with government which has reached the level of interfering with our ability to improve the quality of our lives. This course will both describe the general nature of Legislating and describe how the process works in the US Congress and State legislating. In the case of the Congress, the discussion will focus very much on how that process has deteriorated over the past few years, and what the prospects are for reverting to a more normal, and healthier, situation. The reading will consist of accounts of Legislatures-State and Federal-dealing concretely with issues. This class will meet February 8, 9, 10, 11, & 12. Elements used in grading: Final Paper.
Terms: Win
| Units: 1
LAW 575:
International Commercial Arbitration
This course is designed to provide students with an introduction to the law, theory and practice of international commercial arbitration. It will familiarize students with the framework of international treaties and federal and state laws that undergird the international arbitral system and explore U.S. jurisprudence on the respective roles of courts and arbitral tribunals in resolving disputes subject to international arbitration. The course will cover the basics of drafting international arbitration clauses and the principal stages of arbitration, including the enforcement of the arbitration agreement. Class will meet 10:00 a.m. to 1:00 p.m., Friday, April 1, Saturday, April 2 and Sunday, April 3. Prerequisite: Alternate Dispute Resolution: Law, Practice, and Policy (LAW 545). Elements used in grading: Class Attendance, Class Participation, Written Assignments.
Terms: Spr
| Units: 1
LAW 576:
Law and Sexuality
This seminar will focus on how the law regulates sexuality. We will approach the material as an exercise in advanced constitutional law, exploring how courts have used--or might use--federal or state constitutional provisions to address issues regarding a wide array of issues involving sexuality. The core of the class will relate to contemporary controversies concerning sexual orientation and gender identity (including, for example, how sexual orientation and gender identity are defined, regulation of sexual conduct, marriage and parenting rights of same-sex couples, and religious liberty debates, among others). But we will also discuss other issues, including polygamy/polyamory and asexuality. We will maintain an interdisciplinary focus throughout as we consider how social, cultural, and political forces shape, and are shaped by, legal doctrine. All students taking the seminar for 2 credits will either write a final research paper of approximately 18 pages (for R credit) or a series of shorter reaction papers. Students who wish to write a longer R paper (approx. 26 pages) may enroll in the seminar for 3 credits. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation and paper(s).
Terms: Aut
| Units: 2-3
LAW 576:
Sexual Orientation and The Law
How the law addresses contested contemporary issues concerning sexual orientation. Constitutional, criminal, family, and anti-discrimination law. Regulation of sexual conduct, discrimination in the military and Boy Scouts, the law concerning sexual minorities as parents, conflicts between sexual and religious freedom, and the role of direct democracy in shaping sexual orientation law. Debate over same-sex marriage. Emerging sexual identities such as transsexuality and intersexuality. Interdisciplinary focus on how social, cultural and political forces shape, and are shaped by, legal doctrine. How gender structures sexual orientation debates.
Last offered: Winter 2009
| Units: 2
LAW 577:
Regulation of the Political Process
This course is intended to give students a basic understanding of the themes in the legal regulation of elections and politics. We will cover all the major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and the 2000 presidential election controversy. The course pays particular attention to competing political philosophies and empirical assumptions that underlie the Court's reasoning while still focusing on the cases as litigation tools used to serve political ends. Elements used in grading: Class participation and exam. Cross-listed with Communication (COMM 361) and Political Science (POLISCI 327C).
Terms: Win
| Units: 3
LAW 581:
Workshop in Sociology of Law
(Same as SOC 338.) Required for joint degree J.D./Ph.D. students in Sociology in the first three years of program; open to Ph.D. students in Sociology and related disciplines. Empirical, sociological study of law and legal institutions. Topics such as the relation of law to inequality and stratification, social movements, organizations and institutions, political sociology and state development, and the social construction of disputes and dispute resolution processes. Research presentations. Career development issues. May be repeated for credit.
Last offered: Winter 2008
| Units: 1-3
| Repeatable
1 times
(up to 3 units total)
LAW 583:
International Investment Law
International investment law and arbitration is one of the fastest-developing areas of international law. It is an area that combines elements of treaty and customary international law, public policy, and private dispute resolution. In the past decades, there has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment-related provisions, followed by a sharp rise in the number of disputes between private investors and sovereign states under those specialized legal regimes. The rise of international investment law and arbitration has generated a new and exciting practice area in global law firms, where teams of lawyers act on behalf of investors against sovereign states, or defending sovereign states against investor claims, before international arbitral tribunals. This course will cover four broad areas: (I) the historic, theoretical and policy grounds underpinning international investment law; (II) the substantive obligations and standards governing the investor-state relationship; (III) the growth of investor-state arbitration and its impact on international law; and (IV) the wider issues of fairness and functionality of investment treaty law and investor-state dispute resolution. The course uses materials from international investment treaty texts, case law, and commentaries to enable students to evaluate and apply legal doctrine to future situations. The course will highlight different and sometimes conflicting interpretations and decisions in the area, and invite students to analyze, discuss, and form their own views on key issues. Students may choose between a series of weekly response papers, or a larger research paper, and will serve as discussion facilitators along with the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and paper(s).
Terms: Win
| Units: 2
LAW 585:
Introduction to Transnational Law
International aspects of modern legal practice. Public and private international law, and comparative law. Case studies focus on human rights, environment, trade, and commercial law. National sovereignty in the era of globalization, the democratic deficit of international institutions, theories about why nations obey or disobey international law, how nations internalize or reject international norms, how international institutions interact with national legal systems, and the role of non-state actors in the international system.
Last offered: Winter 2009
| Units: 3
LAW 586:
Islamic Law
Topics include marriage, divorce, inheritance, ritual, war, rebellion, abortion, and relations with non-Muslims. The course begins with the premodern period, in which jurists were organized in legal traditions called "schools of law." After examining the nature and functions of these institutions, we turn to the present era to study the relationship between customary law, state law, and the Islamic legal heritage in Egypt and Indonesia. The course explores Muslim laws and legal institutions and the factors that have shaped them, including social values and customs, politics, legal precedents, and textual interpretation. Elements used in grading: Participation. Cross-listed with Religious Studies (RELIGST 201/301).
Terms: Spr
| Units: 4
LAW 588:
Sports Law
This seminar covers various legal and business aspects of professional sports, the Olympics and college athletics. Topics covered may include antitrust law, labor law, collective bargaining, torts, contracts, agency, constitutional law, administrative law and intellectual property. Class lecture and discussion will be supplemented with speakers from the sports industry, with an emphasis on current and future sports law issues. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from the exam section (01) to the paper section (02) for Research credit with consent of the instructor. Class will meet six Tuesdays. Exact meeting dates TBA. Elements used in grading: Class Participation, Attendance, Final Exam or Final Paper.
Terms: Win
| Units: 2
LAW 590:
Modern Capital Markets and the Financial Crisis
Money: Shadow Banking, Dark Financial Matter and the Future of Finance. nThis course introduces law students to the structure of the shadow banking system and related financial markets. Emphasis is placed on the securitization process, the swaps markets (including credit default swaps, total returns swaps, interest rate, and currency swaps), repo agreements, forwards, futures, and related institutions such as clearing houses and exchanges. The course will consider the role that these markets played in the recent and ongoing financial crisis, their potential implications for future crises, and several of the regulatory initiatives proposed by the Dodd Frank Act. Much of the course will operate through the lens of a series of case studies including the Greek debt crisis, Harvard's loss of $500 million in the swaps market, the AIG bailout, and JPMorgan's loss of $2 billion in its hedge book. nSpecial Instructions: If you have taken Law 559: Modern Securities Regulation (Sonsini) and/or Law 542: Modern Securities Fraud Litigation (Eth), you may take Law 590: Modern Capital Markets (Grundfest).nElements used in grading: Class attendance, participation and exam.
Last offered: Winter 2014
| Units: 4
LAW 591:
Securities Regulation: Raising Capital in U.S. Markets, from Start-up through IPO and Beyond
This course relies on Silicon Valley's venture capital process as a template and examines the legal regime governing capital formation from the earliest angel investing rounds, through billion dollar private placements, initial public offerings (IPO's), and subsequent governance as a publicly traded firm. The course also addresses emerging crowd-funding markets, secondary market mechanisms that offer liquidity to employees of privately held, VC-backed firms, as well the operation of Rule 144A markets in which large foreign firms tap US institutional investors for billions in financing without ever registering with the SEC. The course relies extensively on recent transactions including the Alibaba, Etsy, and GoPro IPOs, and Uber private placements. Students interested in a more complete appreciation of the securities regulation process are advised also to take the Spring Securities Litigation course. Elements used in grading: Final exam.
Terms: Win
| Units: 4
LAW 592:
Law, Race, and Inequality
This course will examine the application of constitutional and statutory antidiscrimination law to race related controversies across a variety of settings. After some exploration of the historical origins of statutory and constitutional antidiscrimination law, the course will then consider antidiscrimination law as applied to contemporary controversies in specific settings, which may include criminal justice, college admissions, political participation, primary/secondary education, employment, housing, hate speech, and the formation of family relationships. The readings will be varied and will include judicial opinions, scholarly commentary, and social science research. Throughout, we will aim to understand both the specific challenges of regulating race in particular contexts, and the broader (and conflicting) conceptions of racial justice that inform law, policy and morality. Students in the seminar will write a substantial research paper of either 18 pages to receive 2 units of credit or 26 pages to receive 3 credits. Elements used in grading: Class participation and research paper.
Last offered: Autumn 2014
| Units: 2-3
LAW 593:
Terrorism and the Courts
The emergence of international terrorism and governments' responses to it have led to novel questions for courts at the intersection of constitutional, criminal, international, and procedural law. This seminar will consider a series of interrelated problems that have arisen in federal courts over the treatment and punishment of suspected terrorists and compensation for victims. Topics will include habeas litigation by detainees; the creation and use of non-Article III courts such as military commissions as alternatives to criminal prosecution; congressional attempts to withdraw jurisdiction from federal courts over litigation involving terrorism; separation of powers issues involving the roles of the President, Congress, and the courts in the treatment and punishment of suspected terrorists; compensation claims by victims of terrorism (through statutory compensation funds, litigation against foreign states under the Foreign Sovereign Immunities Act, and tort litigation against individuals and entities); techniques for handling complex litigation involving terrorism; the Alien Tort Statute; and civil litigation by detainees over their treatment. The course is designed to be complementary to Professor Shirin Sinnar's Counterterrorism and the Law. Students are encouraged to take both courses. Grading will be based on class participation, a paper, and an oral presentation of the paper topic to the class. Papers meeting the requirements for Research (R) credit will be eligible for R credit with the consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Special Instructions: If the course is over-subscribed preference will be given to third year students, then to students who have relevant background in federal courts, national security, international law, or other related topics, then to second year students without such background, then to first year students. Selection within those categories will be by lottery. Students wishing to have prior coursework or experience considered in case of oversubscription should submit a short statement describing their background. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Elements used in grading: Class participation, written assignments, final paper and oral presentation. This course is open to first-year Law School students. Automatic grading penalty waived for writers. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Winter 2014
| Units: 3
LAW 599:
Climate Change Workshop
Students prepare papers to be used as technical support for problems that arise in the negotiations for the new global climate change agreement. Examples of paper subjects include analyzing the performance of proposed financial mechanisms in support of climate favoring technologies, the roles of intellectual property in facilitating or impeding technology diffusion, and the effectiveness of existing or past efforts to influence technology innovation at national or international levels. Focus is on output to those questions framed by the negotiation issues where bottlenecks may be avoided through improved technical support. (Semester schedule)
Last offered: Winter 2009
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 600:
Federal Indian Law
This course will provide an overview of the field of federal Indian law. It will consider the origins and scope of tribal sovereignty as recognized under federal law, as well as current federal law on tribal legislative, executive, and judicial authority. It will also explore the division of authority between tribal, federal, and state governments; federal statutory schemes governing Natives and Native nations; and constitutional issues affecting Natives. Additional current legal issues which may be covered include Native land claims, gaming, family law, religious and cultural rights, and natural resources. Elements used in grading: Class Participation, Final Exam.
Terms: Spr
| Units: 3
LAW 602:
Religion and the First Amendment
This course covers the major doctrines and decisions interpreting the provisions of the First Amendment affecting religion, especially the free exercise and establishment clauses. Special emphasis is placed on the historical, philosophical, and theological roots of first amendment principles, and it also studies the briefs and arguments in a case currently in litigation.
Last offered: Winter 2013
| Units: 3
LAW 603:
Environmental Law and Policy
Federal environmental laws, regulatory structures. and environmental policies. The property law roots of environmental law and current primary analytical frameworks of use in understanding environmental law and policy. Federal statutes including the Clean Air Act, the Clean Water Act, the Endangered Species Act, the National Environmental Policy Act, Superfund (CERCLA), and the Resource Recovery and Conservation Act. Case studies from environmental cases and controversies.
Last offered: Winter 2009
| Units: 3
| Repeatable
1 times
(up to 3 units total)
LAW 603:
Environmental Law and Policy
This course provides an introduction to federal environmental law, regulation, and policy in the United States. The course emphasizes the cooperative and competing roles that the federal and state governments play in implementing environmental law in the United States. The course encourages students to adopt a comparative and dynamic view of environmental protection under U.S. law. We begin with a discussion of the property law roots of environmental law. Next we briefly touch on some aspects of U.S. administrative law that are essential to understanding the material that follows (students should feel free to take this class without having taken Administrative Law). This is followed by a discussion of the risk assessment and cost-benefit frameworks essential to understanding the current U.S. approach to environmental problems. We conclude this segment with a comparison of two approaches to chemical safety regulation - the U.S. Toxic Substances Control Act and the EU REACH directive. Next, we focus on three key substantive federal environmental statutes: the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Next, we turn to the National Environmental Policy Act to understand how environmental concerns are included in the process of making agency decisions. The course concludes with a discussion of current EPA efforts to address emissions of greenhouse gases under the Clean Air Act. Special Instructions: Substantial participation is expected and class participation constitutes twenty percent (20%) of the overall grade for the course. In addition, students are expected to complete two 1000 word written assignments during the course that will constitute forty percent (40%) of the overall grade. Finally, an in-school exam will, similar in format and length to the written assignments, constitute the remaining forty percent (40%) of the overall grade. Elements used in grading: Class participation (20%), written assignments (40%) and final exam (40%).
Terms: Spr
| Units: 3
LAW 604:
Environmental Law Workshop: Clean Technology
Current research and work in environmental and natural resources field focused on clean technologies. Academics, policy makers, and business leaders from various disciplines present current research or work. May be repeated for credit.
Last offered: Winter 2009
| Units: 3
| Repeatable
2 times
(up to 5 units total)
LAW 605:
International Environmental Law
This course examines the legal, scientific, political, economic, and organizational issues associated with the creation of international environmental regimes. The principal emphasis will be on the issue of climate change, with a focus on the current regime(s) and the lead-up to the Paris Conference of the Parties to the UN Framework Convention. The course will also address the Montreal Protocol for Ozone Depleting Substances, the International Convention for Regulation of Whaling, and other multilateral agreements. The course examines the choice of legal instrument, as well as the implementation, evolution, and ultimate effectiveness of environmental regimes. Finally, close attention is paid to equity and development issues that are critical in bridging north-south divides on international environmental issues. Substantial student participation is expected and class participation will constitute twenty percent (20%) of the overall grade for the course. Elements used in grading: Class participation and final paper.
Terms: Aut
| Units: 3
LAW 606:
Supreme Court Simulation Seminar
This seminar provides students with the opportunity to analyze, argue, hear oral arguments and draft opinions in cases that are currently pending before the Supreme Court of the United States. Professor Larry Marshall will serve as the instructor in the seminar, but many of the Law School's esteemed group of Supreme Court litigators will be participating in one or more of the sessions.nnThe 18 students in the seminar will be divided into two courts. One of these courts will sit five times and the other will sit four times. During each sitting, the court will hear arguments in a case currently pending before the Supreme Court. The cases chosen will provide a mix of constitutional and statutory issues, as well as a mix between criminal and civil cases. Each student will be assigned the role of a particular Justice for the entire quarter. Each student's task while sitting on cases is to do his or her best to understand that particular justice, based on that justice's prior opinions and judicial philosophy. In this sense, the seminar is intended to help promote insight into the role of judicial personality and philosophy within the decisional process. The weekly seminars will proceed as follows: In preparation for each week's session, all students (whether they are the two students arguing that week, the nine students judging that week, or the seven students observing that week) will read the lower courts' decisions, the briefs (the party briefs and selected amicus briefs) and the major precedents implicated. During the first portion of each week's session (approximately one hour), two of the students (who are members of the Court that is not sitting that week) will present oral arguments to the nine "justices" sitting that week. The arguments will be based on the briefs that were actually filed in the case. During the second segment of each week's session (approximately 45 minutes), the "justices" who are sitting that week will "conference" the case while the other non-sitting students, students who argued,instructors and guests will observe. Again, each student will be in the role of a particular justice. At the end of the "conference," the opinion-writing will be assigned to one "justice" in the majority and one "justice" in the dissent. During the final portion of each session (approximately one hour), theinstructors, guests and students will engage in a broad discussion of what they just observed. This may include analysis of the briefing, discussion about the oral argument, reflections on the "conference," and, more generally, a discussion about the case and its significance. After each class, the student assigned to draft the majority opinion will have two weeks to circulate a draft to the "Court." The student writing the dissent will then have two weeks to circulate his or her opinion. The other sitting "justices" can join one of these opinions, request some changes as a condition of joining, or decide to write separately. Over the course of the Quarter, then, each student will argue one case, sit on four or five cases, and draft at least one opinion.
Last offered: Winter 2013
| Units: 3
| Repeatable
7 times
(up to 7 units total)
LAW 608:
Environmental Science for Managers and Policy Makers
(Same as IPER 335, OIT 338.) Core course for joint J.D. or M.B.A. and M.S. in Environment and Resources. How to apply scientific understanding to business operations, strategy, and the design of market-based environmental policy. Fundamentals of earth systems and environmental science. Spreadsheet modeling, optimization, and Monte Carlo simulation.
Last offered: Winter 2009
| Units: 3
LAW 609:
Comparative Legal Cultures: Understanding for Cross-Border Legal Practice
In the globalizing world legal practice frequently involves more than one country and more than one legal system. Rule systems are converging; and the differences between systems are no longer as serious barriers to transnational legal practice as they once were. But legal systems do change at different speeds, and require sensitivity to the variety of legal structures and cultures. This seminar explores legal practice in context, comparing in particular legal cultures in the United States, Latin America, and southern Europe. Elements used in grading: Class Participation, Written Assignments, Final Paper.
Terms: Aut
| Units: 2
LAW 610:
Trial Advocacy Workshop
This lawyering skills course gives students an orientation to and constant practice in most basic pretrial and trial advocacy skills areas. Topics include: taking and defending depositions, motion practice, trial evidence, including admission of trial exhibits in evidence and use of prior witness statements to refresh and impeach a witness, jury selection and voir dire, opening statements, direct and cross-examination of witnesses, and closing arguments. Students will try a full jury case through to verdict with use of jurors and usually before a real judge in the courthouse in Palo Alto at the end of the course. Students will also have a chance to watch the jurors deliberate and talk with them after their verdict. The course takes place during seven weeks of the Autumn Quarter with two classes (one lecture and one workshop) per week on most weeks from 4:15-9:00 (these usually occur on T, W, or Th, plus an occasional M), plus two Saturday workshops and the final weekend of jury trials, Saturday and Sunday November 14 and 15. Each day's ending time will vary; most sessions will end before 9:00. For a detailed schedule, contact Stephanie Basso at sbasso@law.stanford.edu. The format for each topic begins with a lecture/discussion featuring video vignettes of various techniques and a live demonstration by an expert trial lawyer. Following the discussion portion of each topic are small group sessions during which each student practices the skills involved. Constructive feedback is given after each exercise by two of our faculty of very experienced Bay Area litigators and judges. Most exercises are also videoed for further one-on-one critique by another faculty member. The central philosophy of the workshop is that skills are best acquired in an experiential manner by seeing and doing. Frequent short, well-defined exercises followed by immediate constructive feedback in a non-competitive, non-threatening atmosphere provide the core of the program. The workshop directors are Tim Hallahan, Judge Sallie Kim and Jeff Kobrick. Tim has taught similar programs at Harvard Law School, the University of San Francisco School of Law, Boalt Hall, the California Continuing Education of the Bar, and in private and public interest law firms around the country. Sallie is a United States Magistrate Judge in San Francisco and was a partner in a civil litigation firm and also previously taught a class at SLS and served as Associate Dean for Student Affairs. Jeff is a partner in a civil litigation firm and has taught litigation skills courses at Harvard and Stanford Law Schools for a number of years. Special Instructions: If you haven't taken Evidence you must contact Tim Hallahan before the course begins for some brief pre-course reading assignments. There are no papers or tests, but attendance at every session is required. Since we will begin our trial advocacy exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the professor.) Add-drop decisions need to be resolved at the first class; no drops will be permitted thereafter. Exceptions to this rule will be made by petition only. Mandatory attendance. Elements used in grading: Attendance and in-class assignments.
Terms: Aut
| Units: 5
LAW 611:
International Conflict Resolution Colloquium
(Same as PSYCH 283, POLISCI 403.) Sponsored by the Stanford Center on International Conflict and Negotiation (SCICN). Conflict, negotiation, and dispute resolution with emphasis on conflicts and disputes with an international dimension, including conflicts involving states, peoples, and political factions such as the Middle East and Northern Ireland. Guest speakers. Issues including international law, psychology, and political science, economics, anthropology, and criminology.
Last offered: Winter 2009
| Units: 1
LAW 612:
Constitutional Law: Speech and Religion
This is a course about the freedoms of speech, press, religion, association, and assembly under the First Amendment. Two- thirds of the course will be about freedoms of speech, press, and assembly. We will examine historical context, doctrinal development, and current caselaw. We will ask why government regulates speech (to prevent harms? to protect sensibilities? to redistribute power? to advance the interests and ideas of the politically powerful?), how government regulates speech (by aiming at messages? by aiming at markets? by aiming at when and where speech takes place? by conditioning subsidies?), and what justifications are ever sufficient for limiting speech. We will include consideration of the institutional press and new technologies including the Internet, as well as the rights of private organizations to determine their membership and organization. About a third of the course will be about religion. We will ask how the twin constraints of the Free Exercise and Establishment Clauses relate, looking especially at notions of neutrality, voluntarism, separation, and accommodation. Elements used in grading: Exam
Terms: Spr
| Units: 4
LAW 613:
Dispute Systems Design
Lawyers are often called upon to help design systems for managing and resolving conflicts that support or supplant existing legal structures. The crisis of September 11 led Congress to pass a law creating the September 11 Fund; a California Supreme Court challenge to its method of resolving health care disputes led Kaiser Permanente to reform its arbitration system; years of atrocities committed against the people of South Africa, Guatemala and many other countries led to the formation of truth commissions. Lawyers helped to structure these and many other conflict resolution systems. We'll use a case study model to survey different kinds of conflict prevention, management and resolution systems, and examine different factors in their design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of short essays and a short research paper; or Option 2 (section 02) a long research paper involving independent research. Students electing option 2 (section 02) will be graded on the H/P/R/F system and will receive Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Negotiation Seminar (LAW 615) strongly preferred but not required. Elements used in grading: Class participation, attendance, written assignments and final paper. Attendance at the first class is mandatory.
Last offered: Spring 2015
| Units: 3
LAW 615:
Negotiation
Tools and concepts for analyzing and preparing for negotiations. Role play. Issues of representation, ethics, and the place of negotiation in the legal system. Autumn section 615-04; Winter section 615-01. (Semester schedule.)
Last offered: Winter 2009
| Units: 4
LAW 615:
Negotiation
As a lawyer, you will probably negotiate more than you do anything else. You will negotiate not just over cases, but any time that you need something that you cannot get alone. You will negotiate with your boss, your clients, your secretary, and all of their counterparts (plus the lawyers) on the other side. You will negotiate with "the system" whether it is the court, the government, the structure of society, or the law. You will also continue to negotiate with your family, your friends, and yourself. This course is designed to: (1) develop your understanding of negotiation, and your awareness of yourself as a negotiator; (2) give you some tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, reflection, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory, you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system. The Negotiation Seminar is an intense, interactive course. We will require weekly preparation of readings, simulations, and written assignments. Basically, you will learn by reading about specific research and doing simulated negotiations -- figuring out with the rest of the class what works and what does not, writing about what you're learning, and trying again. Because participation in the simulations is central to the course, attendance at all classes is required. Since we will begin our simulation exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the professor.) Add-drop decisions need to be resolved at the first class; no drops will be permitted thereafter. Once you commit to the class, you must complete it or receive a failing grade. Exceptions to this rule will be made by petition only. Petitions of this type must be extraordinarily strong in order to be granted. Elements used in grading: Class participation, attendance and written assignments.
Terms: Aut, Win, Spr
| Units: 3
LAW 616:
Complex Litigation
This course will examine the variety of procedures used to develop and manage complex litigation in the U.S., including class actions, multidistrict litigation, and high-stakes one-on-one litigation. Topics include judicial case management, electronic discovery, use of expert evidence, consolidation, class certification, quasi-class actions, trying complex cases, the substitution of arbitration for litigation, and how complex cases are funded. The course will consider these topics as they have played out in current cases, including social impact litigation, mass product defect claims, financial litigation including securities class actions, patent and copyright disputes, gender, race, and other discrimination claims, assisted by guest lectures by judges and lawyers. Early in the quarter each student will choose a recent or ongoing complex litigation to investigate. (A list of candidate litigations will be provided, but students are free to choose any complex litigation that interests them.) During the quarter, students will conduct research on the litigation including, where possible, contacting key participants for information and perspective. This research will serve as the basis for in-class discussion, focusing on different aspects of the litigation as the quarter progresses. Students will hand in 2 brief papers on the litigation they are researching during the course of the quarter, for review and comment, but not for grading, and a final paper including the two previous drafts plus additional analysis by the official Fall quarter paper deadline. Regular reading assignments will be tailored to allow time for this on-going student research. Elements used for grading: Final paper and class participation.
Terms: Aut
| Units: 3
LAW 617:
Public Interest Law and Practice
This course will examine the history, theoretical frameworks, strategies and political position of public interest law practice and attorneys in the United States. We will consider the role of lawyers and the legal system in advancing social justice; different career paths of public interest lawyers; ethical issues related to working as a public interest lawyer; the personal impacts of this type of career choice; and strategies employed by lawyering in differing settings, from issue-based non-profits to government agencies, and private public interest law firms or legal services groups. Readings will include law review articles, legal pleadings and case studies that allow analysis and exploration of the tensions and challenges that exist within the legal system for public interest practitioners. Students will also be exposed to practical skills outside of litigation that social justice lawyers should understand. Students will be asked to produce several short papers throughout the quarter. For an additional credit and Research credit, students will be asked to produce a substantially longer paper on a related topic and can be excused from some of the shorter assignments. Students taking the seminar for Research credit can take the seminar for either 2 or 3 units, depending on the paper length. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, written assignments.
Terms: Win
| Units: 2-3
LAW 620A:
Criminal Prosecution Clinic: Clinical Practice
The six students enrolled in Stanford's Criminal Prosecution Clinic prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions or preliminary hearings. The cases, almost always felonies, include drug offenses, thefts, burglaries, assaults (including domestic assaults), weapons possessions, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least three full days a week at the D.A.'s office. All six students must spend all day Tuesdays and Thursdays on site. Each student also must choose a third on-site day that stays constant through the term. There generally will be two class sessions each week-a three-hour on-campus class and a lunchtime seminar in the D.A.'s office. At the beginning of the term classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term the focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. In rare cases a concurrent clinic module in evidence can fulfill this requirement. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered on a full-time basis for twelve credits. This format allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic are not permitted to enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from on-site and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) that would result in their earning more than twenty-seven clinical credits during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 620B:
Criminal Prosecution Clinic: Clinical Methods
The six students enrolled in Stanford's Criminal Prosecution Clinic prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions or preliminary hearings. The cases, almost always felonies, include drug offenses, thefts, burglaries, assaults (including domestic assaults), weapons possessions, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least three full days a week at the D.A.'s office. All six students must spend all day Tuesdays and Thursdays on site. Each student also must choose a third on-site day that stays constant through the term. There generally will be two class sessions each week-a three-hour on-campus class and a lunchtime seminar in the D.A.'s office. At the beginning of the term classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term the focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. In rare cases a concurrent clinic module in evidence can fulfill this requirement. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered on a full-time basis for twelve credits. This format allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic are not permitted to enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from on-site and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) that would result in their earning more than twenty-seven clinical credits during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 620C:
Criminal Prosecution Clinic: Clinical Coursework
The six students enrolled in Stanford's Criminal Prosecution Clinic prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions or preliminary hearings. The cases, almost always felonies, include drug offenses, thefts, burglaries, assaults (including domestic assaults), weapons possessions, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least three full days a week at the D.A.'s office. All six students must spend all day Tuesdays and Thursdays on site. Each student also must choose a third on-site day that stays constant through the term. There generally will be two class sessions each week-a three-hour on-campus class and a lunchtime seminar in the D.A.'s office. At the beginning of the term classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term the focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. In rare cases a concurrent clinic module in evidence can fulfill this requirement. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered on a full-time basis for twelve credits. This format allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic are not permitted to enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from on-site and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) that would result in their earning more than twenty-seven clinical credits during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 621:
Sentencing, Corrections, and Criminal Justice Policy
This introductory course will familiarize students with the history, structure, and performance of America's sentencing and corrections system. Sentencing is the process by which criminal sanctions are imposed in individual cases following criminal convictions. Corrections deals with the implementation and evaluation of criminal sentences after they are handed down. In fact, the two subject areas are inseparable. The course will examine sentencing and corrections from global and historical views, from theoretical and policy perspectives, and with close attention to many problem-specific areas. We will explore sentencing theories and their application, the nature, scope and function of corrections, the impact of mass incarceration on crime and communities, the effectiveness of rehabilitation, the relationship between sanctions and crime, and the consequences of prisoner reentry. These topics will be considered as they play out in current political and policy debates. Guest lectures may include presentations by legal professionals, victims, offenders, and correctional leaders. We also plan to visit a correctional facility. This course is open to 1Ls, 2Ls, and 3Ls in the Law School. Special Instructions: Grades will be based on class participation, and either: (1) three reflection papers of 5 to 7 pages each, or (2) a longer research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the research (R) requirement, with consent of the instructor. Elements used in grading: Class participation, reflection papers or research paper. Cross-listed with Comparative Studies in Race & Ethnicity (CSRE 221) & Public Policy (PUBLPOL 221).
Terms: Win
| Units: 3
LAW 622A:
Environmental Law Clinic: Clinical Practice
Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
Terms: Aut, Win
| Units: 4
LAW 622B:
Environmental Law Clinic: Clinical Methods
Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
Terms: Aut, Win
| Units: 4
LAW 622C:
Environmental Law Clinic: Clinical Coursework
Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
Terms: Aut, Win
| Units: 4
LAW 623:
Advanced Environmental Law Clinic
The Advanced Environmental Law Clinic provides students who have already taken the Environmental Law Clinic the opportunity to continue intense individual project work. Advanced students often work on matters they worked on as full-time students, but they also have the chance to work on new matters and develop new skills. Advanced students work closely with supervising faculty on their designated projects and are expected to take increasing responsibility for managing their work and representing clients. In addition, advanced students often serve as mentors to less experienced full-time students and thereby receive training in basic team building and supervision. Advanced students may arrange to receive between two and seven credits. No student may receive more than 27 total clinical credits during the course of the student's law school career.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 625:
Intellectual Property: Copyright Licensing, Principles, Law and Practice
This course will present a mix of three elements: (1) in-depth study, through reading assignments and lectures, of the US law governing copyright transactions (contract formalities and construction; recordation and title practice; termination of transfers); (2) copyright contract drafting and negotiation exercises (book publishing agreement; software license); (3) licensing policy in the context of mass license programs (the proposed Google Book settlement; orphan works legislation, proposed and enacted, in the US and abroad). Special Instructions: After the term begins, eight students accepted into IP: Copyright Licensing: Principles, Law and Practice may concurrently enroll in the Copyright Licensing Policy Practicum for an additional two units of credit with consent of the instructor. The Copyright Licensing Policy Practicum option will involve creating licensing structures for the automated licensing of photographic images as part of an ongoing Practicum project for the US Copyright Office. Elements used in grading: Class Participation, Written Assignments. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Win
| Units: 2
LAW 626:
Legislative Simulation: The Federal Budget
How does a bill really become a law? This course is about the formal and informal American legislative and budget process. The course is part lecture, part simulation. You will learn the formal processes that govern legislating and White House policymaking, including: how a President decides what policy to propose; Congressional committee markups; House and Senate floor debate, rules, and the amendment process; conference committees; and Presidential signatures and vetoes. You will then learn how legislative coalitions are built and broken, how and why bargaining occurs, the roles of interest groups and lobbyists, how an Executive Branch tries to influence Congress, how political parties and elections influence legislative behavior, and how the press and personalities influence all of the above. While this is primarily a class about policymaking process, we will learn enough about federal budget policy to make your participation in budget legislative simulations more effective. Can your class solve America's long-term budget problems when your counterparts in Washington have so far been ineffective at doing so?nElements used in grading: Class participation (for lectures and the simulations), attendance and written assignments (memos).
Last offered: Autumn 2013
| Units: 3
LAW 628A:
Oral Argument Workshop
Building on the skills developed in Federal Litigation, this simulation course will give students the unique opportunity to argue and judge pretrial motions from actual federal court cases. The instructor will provide the written briefs, and each week half the class will argue and half the class will judge a motion. Preparation will require reading the cases cited in the briefs and coming to class ready either to present an argument (attorneys) or interrogate counsel (judges). Students will critique each other both orally and in writing, and the instructor will provide oral critiques of all arguments. The goals of this class are: to train students to argue in court; to provide them with a chance to polish their public speaking skills and practice thinking on their feet; to prepare students to engage in challenging dialogue with both colleagues and future clients; and to improve self-confidence. Thus, while the context of the course is litigation, the objectives are much broader than the mastery of litigation technique. This course is not open to first year Law School students. Priority will be given to those students who commit to taking the class if given consent to enroll. Please indicate your commitment on the consent form. Elements used in grading: Class attendance, participation, and preparation. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 2
LAW 629:
Spanish for Lawyers
The Spanish for Lawyers course offers students the opportunity to enhance existing Spanish communication skills in legal practice. The course will emphasize speaking and listening comprehension through in-class presentations and dialogue. Students will also be assigned reading and writing exercises in Spanish. The course will introduce Spanish legal terminology in areas such as civil and human rights, and criminal, employment, housing and family law. Students will learn how to apply these language skills as future legal practitioners interacting with clients, colleagues and government and judicial officials who possess limited English proficiency in domestic and international contexts. Native or fluent guest lecturers will expose students to legal terminology, concepts and dialects from various Spanish-speaking countries. Student Eligibility: Students must already have basic proficiency in Spanish. The goal of the class is to strengthen existing Spanish language skills. The class is aimed at learning Spanish legal vocabulary and developing culturally competent communication skills. To verify basic Spanish proficiency, the instructor may seek to speak with students by phone prior to admitting them. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
LAW 632A:
Religious Liberty Clinic: Practice
The Religious Liberty Clinic is the only clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 632B:
Religious Liberty Clinic: Clinical Methods
The Religious Liberty Clinic is the only clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 632C:
Religious Liberty Clinic: Clinical Coursework
The Religious Liberty Clinic is the only clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 635:
The Future of Labor Law & Policy
The course covers the current and past NLRB political crises, with particular focus upon rule making initiatives; union tactics and efforts to organize domestics, home care workers, agricultural and white collar workers, independent contractors and the problems peculiar to such; right-to-work legislation, particularly recent initiatives in Michigan and Indiana; the impact of recent Supreme Court and other decisions on union ability to participate in the political process; new legislation restricting public employee union activity, with particular focus on Wisconsin and union efforts to invoke the First Amendment; the First Amendment rights of free speech in the workplace in the public sector, and social media and free speech in the private sector; new and innovative dispute resolution procedures involving union recognition and discrimination issues as well as rights and interest arbitration and mediation; the globalization of labor disputes. Students will write a final paper. There are no prerequisites to this seminar, and students need not have had basic Labor Law to take it. This course prerequisite Sports Law. Students who complete this seminar will have preference for enrollment in Sports Law when it is next offered in 2014-15. This course is open to first year Law School students. Elements used in grading: Class participation and a final paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Winter 2014
| Units: 2
LAW 637:
Advanced Legal Writing: Intellectual Property Counseling
In this course, students will develop the research, writing, and analytical skills necessary to advise clients on complex intellectual property matters. This course is designed particularly for students interested in law firm IP practice or working in-house for companies in IP-rich industries, including software, pharmaceuticals, entertainment, news media, and consumer goods. Students will be provided realistic questions from clients in these industries that raise overlapping patent, copyright, and/or trademark issues. Students will conduct their own legal research and discuss potential options for addressing their clients' concerns, including litigation, negotiation, and technological solutions, as well as the strategic and ethical dimensions of each option. Based upon this research and class discussion, students will draft client memos, demand letters, and legal briefs. Students will also be instructed in IP-focused research and analysis, including searching and interpreting documents from PTO and Copyright Office databases. Although class time may be devoted to discussing the substantive legal issues raised in student assignments, previous enrollment in Introduction to Intellectual Property or substantial intellectual property coursework is strongly recommended. This course is open to LLM students in the Law, Science & Technology program. Elements used in grading: Class Participation, Attendance, Written Assignments. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Win
| Units: 3
LAW 638:
Mediation
In recent years, individuals and their lawyers have increasingly turned to mediation to resolve disputes. In mediation, the parties to the dispute, who may be represented by lawyers, are in charge of the outcome. With the assistance of a mediator they may be able to reach agreements at any stage in a dispute, in some cases avoiding litigation altogether, in other cases agreeing when the case is on appeal. This course will introduce you to the theory and practice of mediation. You will learn about the mediation process primarily by experiencing it in roleplay and hands-on exercises. The course also includes readings and discussions, brief lectures, demonstrations, student presentations, and videotapes. You will mediate disputes based on actual cases, and be coached in small groups by Bay Area mediators. The course goals are to understand the nature of conflict and principles of conflict management, to develop the communication skills essential to effective mediation, to evaluate various mediation models and mediator styles, to consider the policy and ethical implications of the expanding use of mediation, and to develop the skills necessary to represent clients in mediation. Elements used in grading: Class participation, attendance, assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
LAW 639:
Lawyering and Social Intelligence
Building a successful legal career or practice involves both technical expertise as well as relational skills. Becoming a trusted advisor or effective advocate is essentially an interpersonal process that relies upon social and emotional skills, such as listening in ways that gain client trust and engagement or delivering tough messages in ways that reduce defensiveness and increase mutual problem solving. These skills can be learned. Unlike conceptual knowledge, they are acquired through practicing new behaviors that expand skills or undo old habits. Adult learning is strengthened through experiencing the concept in action, reflecting upon the experience and practicing it. I will construct such exercises for use in class as well as in workgroups outside of class. This course will introduce students to simple frameworks that raise awareness and understanding of social intelligence and expose them to a process of learning they can employ in their everyday interactions for continued growth and development.nSpecial Instructions: This course develops student skills and not simply conceptual knowledge. Learning will come from consistent class attendance and a willingness to participate actively - not only in occasional role plays but primarily as one's self, practicing new behaviors that build skill sets. Written assignments will be brief weekly reflections on personal learning. Since I will establish workgroups following the first day of class, all students who are interested in taking this course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the professor.) Add-drop decisions need to be made at the conclusion of the first class; no drops will be permitted thereafter as learning will depend upon intact workgroups throughout the quarter. Once you commit to the class, you must complete it or receive a failing grade. Exceptions to this rule will be made by petition only. nElements used in grading: Class participation, attendance, written assignments.
Last offered: Autumn 2013
| Units: 3
LAW 640A:
Community Law Clinic: Clinical Practice
The CLC is the closest thing to a general legal services office among Stanford's clinical offerings. Based in East Palo Alto, the CLC provides students with the opportunity to provide direct legal services to low-income residents, while thinking critically about the role of lawyers and lawyering in addressing the problems of America's so-called "working poor." The Clinic's practice is in four areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; (3) social security and disability benefits; and (4) criminal record expungement. Each student handles his or her own caseload, which is comprised of cases matters in all of the practice areas. The practice areas are selected and designed to lie at the intersection where the community's unmet legal needs and students' learning needs correspond. The clinic's docket is fundamentally a trial docket. Students have first-chair responsibility for their cases, and perform all of the lawyering tasks necessary to advance their clients' interests, including interviewing, counseling, negotiation, fact investigation, legal research, and representation in the court and agency settings that hear the clients' cases. Skills emphasized include those trial lawyering skills, as well as time management and developing client-centered lawyering practices. Students may also have the chance to participate in outreach or policy-level projects, such as representing the clinic on a state or regional committee on a substantive issue, doing community education workshops at sites around the Peninsula, and/or legislative research and advocacy. In the clinic seminar and in regular supervision, students are encouraged to interrogate the effectiveness of the legal system at delivering "justice" for their clients and to explore creative ways that legal knowledge can be deployed to attack the social problems attendant to low wages, substandard and unstable housing, and other features of low-income life in Silicon Valley. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend four or five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 640B:
Community Law Clinic: Clinical Methods
The CLC is the closest thing to a general legal services office among Stanford's clinical offerings. Based in East Palo Alto, the CLC provides students with the opportunity to provide direct legal services to low-income residents, while thinking critically about the role of lawyers and lawyering in addressing the problems of America's so-called "working poor." The Clinic's practice is in four areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; (3) social security and disability benefits; and (4) criminal record expungement. Each student handles his or her own caseload, which is comprised of cases matters in all of the practice areas. The practice areas are selected and designed to lie at the intersection where the community's unmet legal needs and students' learning needs correspond. The clinic's docket is fundamentally a trial docket. Students have first-chair responsibility for their cases, and perform all of the lawyering tasks necessary to advance their clients' interests, including interviewing, counseling, negotiation, fact investigation, legal research, and representation in the court and agency settings that hear the clients' cases. Skills emphasized include those trial lawyering skills, as well as time management and developing client-centered lawyering practices. Students may also have the chance to participate in outreach or policy-level projects, such as representing the clinic on a state or regional committee on a substantive issue, doing community education workshops at sites around the Peninsula, and/or legislative research and advocacy. In the clinic seminar and in regular supervision, students are encouraged to interrogate the effectiveness of the legal system at delivering "justice" for their clients and to explore creative ways that legal knowledge can be deployed to attack the social problems attendant to low wages, substandard and unstable housing, and other features of low-income life in Silicon Valley. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend four or five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 640C:
Community Law Clinic: Clinical Coursework
The CLC is the closest thing to a general legal services office among Stanford's clinical offerings. Based in East Palo Alto, the CLC provides students with the opportunity to provide direct legal services to low-income residents, while thinking critically about the role of lawyers and lawyering in addressing the problems of America's so-called "working poor." The Clinic's practice is in four areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; (3) social security and disability benefits; and (4) criminal record expungement. Each student handles his or her own caseload, which is comprised of cases matters in all of the practice areas. The practice areas are selected and designed to lie at the intersection where the community's unmet legal needs and students' learning needs correspond. The clinic's docket is fundamentally a trial docket. Students have first-chair responsibility for their cases, and perform all of the lawyering tasks necessary to advance their clients' interests, including interviewing, counseling, negotiation, fact investigation, legal research, and representation in the court and agency settings that hear the clients' cases. Skills emphasized include those trial lawyering skills, as well as time management and developing client-centered lawyering practices. Students may also have the chance to participate in outreach or policy-level projects, such as representing the clinic on a state or regional committee on a substantive issue, doing community education workshops at sites around the Peninsula, and/or legislative research and advocacy. In the clinic seminar and in regular supervision, students are encouraged to interrogate the effectiveness of the legal system at delivering "justice" for their clients and to explore creative ways that legal knowledge can be deployed to attack the social problems attendant to low wages, substandard and unstable housing, and other features of low-income life in Silicon Valley. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend four or five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 641:
Constitutional Litigation
This is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are actually litigated: in lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. § 1983. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; remedies for constitutional violations, including monetary and injunctive relief; structural reform litigation; and the remedial issue nearest and dearest to many lawyers' hearts: attorney's fees awards. This course is particularly useful for students who plan to clerk in Federal courts, as much of their dockets involves §1983 litigation. This course complements Federal Courts (Law 283) and students who plan to clerk will benefit from taking both courses. Elements used in grading: Participation, Attendance, Exam.
Terms: Spr
| Units: 3
LAW 642:
Advanced Community Law Clinic
The Advanced Community Law Clinic offers law students who already have some significant civil clinical experience the opportunity to work under supervision on more advanced projects and cases being handled by the Stanford Community Law Clinic, including litigation and other matters. Advanced Clinic students will also work with Clinical Supervising Attorneys to provide direction and guidance to those enrolled in the Community Law Clinic for the first time, in areas in which Advanced Clinic students have already acquired some expertise. In addition, Advanced Clinic students may function as team leaders on larger projects in which the Clinic is engaged. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Special Instructions: Completion of the Community Law Clinic (Law 640) or its equivalent is a prerequisite for the advanced clinic. Elements used in grading: Participation, reflective paper and project.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 644:
Disability: Law, Human Rights and Justice
This is a survey course of disability rights law, with an emphasis on federal and state statutes and case law, and some exposure to international human rights law and the contemporary concept of "disability justice." Areas of concentration are employment, government services, public accommodations, education, housing, mental health treatment and involuntary commitment, and personal autonomy. We will review such statutes as the Americans with Disabilities Act (ADA), Rehabilitation Act (Sec. 504), Individuals with Disabilities Education Act (IDEA), Fair Housing Act Amendments, California Developmental Services ("Lanterman") Act and the UN Convention on the Rights of Persons with Disabilities. The course examines disability from a civil and human rights perspective and has a "cross-disability" orientation insofar as it addresses the legal interests of persons with mobility and communication impairments, as well as intellectual and psycho-social disabilities. Exploration of the legal doctrine will be complemented with practical skills exercises and presentations by guest speakers. Special Instructions: Grades will be based on class participation and (1) short reflection essays on the readings and a short research paper for Writing (W) credit or (2) a long independent research paper for Research (R) credit. The student must consult with the instructor on the paper's topic, scope and format. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation (40%), short reflection essays and short research paper (60%) or a long independent research paper (60%). Writing (W) credit is for students entering prior to Autumn 2012. - - - NOTE: The first class meets on Sept. 24, Erev Rosh Hashonah (Eve of Jewish New Year). If you are unable to attend, the instructor will provide an accommodation to ensure that you are not disadvantaged. Please contact him before Sept. 17 at 510.387.3956.
Last offered: Autumn 2014
| Units: 3
LAW 645:
Reading The Constitution
This seminar is devoted to a careful reading of the entire text of the U.S. Constitution, from the Preamble to the 27th Amendment. From "We the People," through the structure of government, to the Bill of Rights, the Reconstruction amendments, and Progressive and Modern Era Amendments, the text of the Constitution tells an overall story about America's supreme law that is rich, intricate, and surprising, yet too often neglected, even in law school. In addition to the text itself, we will consult historical materials from the drafting and ratification of the parts under consideration each week. And throughout the seminar, we will occasionally step back to consider and assess various classic statements by scholars, judges, and presidents about how to best read the Constitution. The goal of the course is the title of the course: to read the Constitution with attentive and open eyes; to become familiar with its text, even the parts that are rarely litigated; to learn some of the history of its creation, even the stories that do not fill amicus briefs; to consider how the different clauses and sections may relate to each other; and to examine several different methods of reading the Constitution as a whole. nnElements used in grading: Class Participation, Written Assignments, Final Paper
Last offered: Winter 2014
| Units: 2
LAW 649A:
Cyberlaw/Fair Use Clinic: Advanced
This is a hands-on, project-oriented seminar, in which students work on a wide range of cyberlaw projects with lawyers from the Center for Internet and Society's Fair Use Project and with lawyers from the Electronic Frontier Foundation. There are significant faculty-student interactions through meetings to discuss the projects and an associated bi-monthly discussion seminar covering advanced cyberlaw topics. This clinical program provides law students with the opportunity to represent clients in cutting-edge issues of intellectual property and technology law, in the public interest. Through the hands-on experience of representing clients (under the supervision of the faculty) in various fora, students learn professional responsibility and advocacy skills, substantive law and procedural rules related to their projects, and examine the concept of the public interest in intellectual property and technology law. Clients vary widely, and may be individual artists; technologists; non-profit institutions; coalitions; etc. In the past, students have drafted amicus briefs, counseled nonprofits on public-interest initiatives, created a patent licensing scheme, represented independent and documentary filmmakers who are pursuing legislation in Congress, and counseled artists developing new technology-based art forms, among other projects. Thus, the skills each student learns also vary according to project. The classroom component explores public interest practice in tech law in various fora, and spends significant time on student projects.
Last offered: Winter 2013
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 649B:
Cyberlaw/Fair Use Clinic: Advanced
This is a hands-on, project-oriented seminar, in which students work on a wide range of cyberlaw projects with lawyers from the Center for Internet and Society's Fair Use Project and with lawyers from the Electronic Frontier Foundation. There are significant faculty-student interactions through meetings to discuss the projects and an associated bi-monthly discussion seminar covering advanced cyberlaw topics. This clinical program provides law students with the opportunity to represent clients in cutting-edge issues of intellectual property and technology law, in the public interest. Through the hands-on experience of representing clients (under the supervision of the faculty) in various fora, students learn professional responsibility and advocacy skills, substantive law and procedural rules related to their projects, and examine the concept of the public interest in intellectual property and technology law. Clients vary widely, and may be individual artists; technologists; non-profit institutions; coalitions; etc. In the past, students have drafted amicus briefs, counseled nonprofits on public-interest initiatives, created a patent licensing scheme, represented independent and documentary filmmakers who are pursuing legislation in Congress, and counseled artists developing new technology-based art forms, among other projects. Thus, the skills each student learns also vary according to project. The classroom component explores public interest practice in tech law in various fora, and spends significant time on student projects. After completing the initial 7-unit Cyberlaw/Fair Use Clinic: Advanced course, students may enroll again for either 3 or 4 credits by consent of the instructor.
Last offered: Winter 2013
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 650:
Advanced Negotiation: Public Policy
Advanced Negotiation courses are designed to take students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar, to examine many facets of negotiation complexity, both in terms of the participants and topics. This section of Advanced Negotiation will focus on multi-party negotiations, working in teams, group decision-making, and negotiating on behalf of organizations to solve complex problems. We will study negotiations and stakeholder dialogue processes involving a diverse set of public and private actors. In the context of both real and simulated case studies, we will address diverse public policy issues, both domestic (including civil rights, racial justice, economic inequality and natural resources management) and international (negotiating bilateral and multilateral agreements, including global security environmental treaties). The goals of the class are twofold, for students (1) to acquire an added theoretical base beyond what was covered in the Negotiation Seminar through which to analyze, prepare for, participate in and facilitate more complex, multiparty negotiations, and (2) to expand skills through deeper examination of various actual negotiation cases and complex simulations. Special Instructions: Attendance at and participation in the simulations is required. Passing is dependent upon active participation, submission of several assigned short reflection papers, and completion of a substantial group paper and presentation analyzing a selected case (a completed or ongoing multi-party public policy dialogue) and the team's internal negotiation process. Prerequisite: Negotiation Seminar (Law 615) or its substantial equivalent. Advanced degree students (and graduate students in other departments and programs) are encouraged to enroll provided that they have previous negotiation training or equivalent practice experience. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students approved for "R" credit will be graded on the H/P/R/F system. Elements used in grading: Class participation and engagement, including simulations; attendance; preparation for and contributions to discussion; short written assignments; final project involving group and individual components.
Terms: Win
| Units: 3
LAW 652:
Animal Law
This course presents a survey of the historical and current status of this rapidly developing specialty. In brief, animal law encompasses all areas of the law in which the nature -- legal, social or biological -- of nonhuman animals is an important factor. It is an objective and logical specialization of a challenging area -- one with a growing number of cases and laws, increasing public and practical interest, and significantly different historical, legal and philosophical foundations than most other courses. Topics covered include animal cruelty, animals as property, tort claims regarding animals, farm animals, animals in entertainment, and federal issues regarding animals. The Animal Law course has been described as intellectually stimulating and ethically challenging, and synthesizes a wide range of legal concepts, and the course materials apply traditional ideas to animals in new ways. Students have called it a great bar review class, because concepts from many areas of law are covered with respect to their application to animals and their interests. More and more firms, large and small, are providing pro bono (and paying) work in the animal law area, as the field gains momentum and reputability in the legal community. Mr. Wagman is a partner at Schiff Hardin in San Francisco, with a full-time animal law practice, representing organizations and individuals in a wide range of cases. He is one of the authors of the Animal Law casebook, and has been practicing animal law for most of his 23-year career. His practice includes litigation, consultation, legislative work, and extensive writing and lecturing on various animal law topics. The class includes regular updates on his current cases, as well as real-life experiences from the front lines of the animal law frontier. Special Instructions: Students have the option to write an independent research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Final exam or 18 page independent research paper.
Terms: Spr
| Units: 2
LAW 653:
Corporate Law: Theory and Practice
This class will bring leading academics and members of the corporate bar, business and investment communities, judges and regulators to the law school to discuss new research, as well as new practice and regulatory issues. The idea is to engage students in the theoretical and policy debates and to understand how these concerns affect business and the practice of law.
Last offered: Autumn 2012
| Units: 2
LAW 654:
Law and Biosciences Workshop
This workshop seminar will provide students with the opportunity to examine and critique cutting-edge research and work in the field of law and the biosciences presented by different speakers from Stanford and elsewhere. Although it is open to all students, the seminar is designed especially for those with an interest in the field who wish to stay abreast of current issues, work, and ideas. In each class, an academic expert, policy maker, or practitioner will present his or her current research or work and engage in a robust discussion. A second version of the class will held in winter quarter that will also be worth one unit; students may take both the fall and winter classes. This class will meet four times for two hours, 15 minutes during each of the fall and winter terms. This class is open to first-year Law School students in the winter term. Elements used in grading: Class participation, attendance, written assignments and final paper.
Terms: Aut, Win
| Units: 1
| Repeatable
2 times
(up to 2 units total)
LAW 656:
International Conflict: Management and Resolution
(Same as IPS 250, POLISCI 210R/310R, PSYCH 383.) Interdisciplinary. Theoretical insights and practical experience in resolving inter-group and international conflicts. Sources include social psychology, political science, game theory, and international law. Personal, strategic, and structural barriers to solutions. How to develop a vision of a mutually bearable shared future, trust in the enemy, and acceptance of loss that a negotiated settlement may produce. Spoilers who seek to sabotage agreements. Advantages and disadvantages of unilateral versus reciprocal measures. Themes from the Stanford Center of International Conflict and Negotiation (SCICN).
Last offered: Winter 2009
| Units: 2
LAW 656:
International Conflict Resolution
This seminar examines the challenges of managing and resolving violent inter-group and international conflicts. Employing an interdisciplinary approach drawing on social psychology, political science, game theory, and international law, the course identifies various tactical, psychological, and structural barriers that can impede the achievement of efficient solutions to conflicts. We will explore a conceptual framework for conflict management and resolution that draws not only on theoretical insights, but also builds on historical examples and practical experience in the realm of conflict resolution. This approach focuses on the following questions: (1) how can the parties to conflict develop a vision of a mutually bearable shared future; (2) how can parties develop trust in the enemy; (3) how can each side be persuaded, as part of a negotiated settlement, to accept losses that it will find very painful; and (4) how do we overcome the perceptions of injustice that each side are likely to have towards any compromise solution? Among the conceptual issues we will examine include the problem of spoilers who seek to sabotage agreements, the role of mediators, the role international legal rules can play in facilitating or impeding conflict resolution, and the advantages and disadvantages of unilateral versus and reciprocal measures in advancing conflict resolution efforts. Particular conflicts we will explore include the Northern Ireland conflict, the Israeli-Palestinian conflict, and the U.S.-Soviet Cold War rivalry.nnSpecial Instructions: Total enrollment in this course will be limited to 20. Initial Law student enrollment will be limited to 10. International Policy Studies students will be given priority to enroll in this course. The remaining spaces will be filled (and the number of Law School students to be admitted will be determined) after the first class. Students may not add this class after the first class without the consent of the instructor.nnThis course is cross-listed with the International Policy Studies and Psychology Departments (Same as IPS 250 and PSYCH 383).nnSpecial Instructions: Section 01: Grades will be based on class presentation, short presentation paper, class participation, and final paper. Section 02: Five students will have the option, to write an independent research paper for Research (R) credit, with consent of the instructor, in lieu of the final paper for section 01. Other course requirements -- class presentation, short presentation paper and class participation."nnElements used in grading: Class presentation, short presentation paper, class participation, and final paper.nnThis course is open to first-year Law School students.
Last offered: Winter 2014
| Units: 3
LAW 658A:
International Human Rights and Conflict Resolution Clinic: Clinical Practice
In the past half-century, 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, as well as the vast challenges faced by advocates in the recent past and today. Increasingly, human rights as a framework has become essential to a broad range of situations of tension and conflict. This course interrogates the nature of engagement by human rights practitioners, as well as approaches adopted by those focused on the management of violent conflict. 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? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? The course also develops advocacy skills through in-class sessions, role play exercises and engagement in, and critical assessment of clinical projects in human rights. Class sessions introduce students to human rights advocacy and conflict management techniques through discussion of the readings and related issues, as well as through student presentations critiquing their participation in supervised clinical projects. The readings and seminar sessions expose students to some of the practical manifestations of the main debates and dilemmas within the human rights and conflict resolution movement(s). These 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 western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. The readings also consider tensions within the field of conflict resolution, as well as between conflict resolution and human rights. Several class sessions will focus on fact-finding and advocacy skills. One or more of these sessions will be full-day, role play exercises. In these full-day sessions, students will engage in human rights research, documentation, negotiation and dispute management exercises, and advocacy role-playing. In some sessions, part of the class will be devoted to presentations by students and clinical 'rounds'. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the International Human Rights and Conflict Resolution Clinic. During the course of the quarter, students will also be required to draft several brief fact-finding/advocacy pieces (these will be explained in class), and write short, critical reflection papers (2-4 pages, double-spaced, or 500-1,000 words, thought pieces) on the readings. Special Instructions: - - General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.
Terms: Spr
| Units: 4
LAW 658B:
International Human Rights and Conflict Resolution Clinic: Clinical Methods
In the past half-century, 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, as well as the vast challenges faced by advocates in the recent past and today. Increasingly, human rights as a framework has become essential to a broad range of situations of tension and conflict. This course interrogates the nature of engagement by human rights practitioners, as well as approaches adopted by those focused on the management of violent conflict. 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? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? The course also develops advocacy skills through in-class sessions, role play exercises and engagement in, and critical assessment of clinical projects in human rights. Class sessions introduce students to human rights advocacy and conflict management techniques through discussion of the readings and related issues, as well as through student presentations critiquing their participation in supervised clinical projects. The readings and seminar sessions expose students to some of the practical manifestations of the main debates and dilemmas within the human rights and conflict resolution movement(s). These 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 western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. The readings also consider tensions within the field of conflict resolution, as well as between conflict resolution and human rights. Several class sessions will focus on fact-finding and advocacy skills. One or more of these sessions will be full-day, role play exercises. In these full-day sessions, students will engage in human rights research, documentation, negotiation and dispute management exercises, and advocacy role-playing. In some sessions, part of the class will be devoted to presentations by students and clinical 'rounds'. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the International Human Rights and Conflict Resolution Clinic. During the course of the quarter, students will also be required to draft several brief fact-finding/advocacy pieces (these will be explained in class), and write short, critical reflection papers (2-4 pages, double-spaced, or 500-1,000 words, thought pieces) on the readings. Special Instructions: - - General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.
Terms: Spr
| Units: 4
LAW 658C:
International Human Rights and Conflict Resolution Clinic: Clinical Coursework
In the past half-century, 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, as well as the vast challenges faced by advocates in the recent past and today. Increasingly, human rights as a framework has become essential to a broad range of situations of tension and conflict. This course interrogates the nature of engagement by human rights practitioners, as well as approaches adopted by those focused on the management of violent conflict. 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? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? The course also develops advocacy skills through in-class sessions, role play exercises and engagement in, and critical assessment of clinical projects in human rights. Class sessions introduce students to human rights advocacy and conflict management techniques through discussion of the readings and related issues, as well as through student presentations critiquing their participation in supervised clinical projects. The readings and seminar sessions expose students to some of the practical manifestations of the main debates and dilemmas within the human rights and conflict resolution movement(s). These 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 western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. The readings also consider tensions within the field of conflict resolution, as well as between conflict resolution and human rights. Several class sessions will focus on fact-finding and advocacy skills. One or more of these sessions will be full-day, role play exercises. In these full-day sessions, students will engage in human rights research, documentation, negotiation and dispute management exercises, and advocacy role-playing. In some sessions, part of the class will be devoted to presentations by students and clinical 'rounds'. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the International Human Rights and Conflict Resolution Clinic. During the course of the quarter, students will also be required to draft several brief fact-finding/advocacy pieces (these will be explained in class), and write short, critical reflection papers (2-4 pages, double-spaced, or 500-1,000 words, thought pieces) on the readings. Special Instructions: - - General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.
Terms: Spr
| Units: 4
LAW 659:
Advanced Negotiation: Transactions
Complex and multi-party negotiations permeate law, business and life. Advanced Negotiation is designed to take students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar. Advanced Negotiation: Transactions will focus on more complex negotiations, multi-party negotiations, working in teams, and negotiating on behalf of complex organizations, e.g., governments, corporations, NGOs, and unions. Simulations will include critical-path material supply agreements, cross-cultural joint ventures, airline reorganizations, big pharma workouts and big oil exploration negotiations. The goals of the class include: (1) acquisition of new theoretical bases beyond what was covered in the Negotiation Seminar, in order to better inform analysis in preparation for negotiations, and (2) to expanding skills through deeper examination of scenarios and far more challenging simulations. Special Instructions: Attendance at and participation in the simulations is required. Passing is dependent upon active participation, a series of short papers and in-class presentation. Prerequisite: Negotiation Seminar (Law 615) or its substantial equivalent, as assessed by the instructor. Elements used in grading: Attendance, participation, in-class negotiations and out-of-class preparation, and short papers.
Terms: Spr
| Units: 3
LAW 660A:
Youth and Education Law Project: Clinical Practice
The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with community groups in advocating for the provision of better and more equitable educational opportunities to their children. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational finance reform litigation. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaboration with Consortium for Public Research and Leadership (CPRL). Through the CPRL, students will work with Stanford Graduate School of Education and Graduate School of Business students to pursue research and consulting for clients on topics such as accountability, community outreach, and school climate. Moreover, students who pursue this work will do so in a broader cooperative arrangement through CPRL with other professional students from, e.g., Columbia University, New York University, Harvard University, Yale University and the University of Michigan. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the intructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. - - Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. - - Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. - - The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. - - Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. - - The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. - - For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. - - Cross listed with the School of Education. - - Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C)
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 660B:
Youth and Education Law Project: Clinical Methods
The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with community groups in advocating for the provision of better and more equitable educational opportunities to their children. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational finance reform litigation. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaboration with Consortium for Public Research and Leadership (CPRL). Through the CPRL, students will work with Stanford Graduate School of Education and Graduate School of Business students to pursue research and consulting for clients on topics such as accountability, community outreach, and school climate. Moreover, students who pursue this work will do so in a broader cooperative arrangement through CPRL with other professional students from, e.g., Columbia University, New York University, Harvard University, Yale University and the University of Michigan. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the intructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. - - Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. - - Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. - - The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. - - Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. - - The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. - - For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. - - Cross listed with the School of Education. - - Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C)
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 660C:
Youth and Education Law Project: Clinical Coursework
The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with community groups in advocating for the provision of better and more equitable educational opportunities to their children. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational finance reform litigation. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaboration with Consortium for Public Research and Leadership (CPRL). Through the CPRL, students will work with Stanford Graduate School of Education and Graduate School of Business students to pursue research and consulting for clients on topics such as accountability, community outreach, and school climate. Moreover, students who pursue this work will do so in a broader cooperative arrangement through CPRL with other professional students from, e.g., Columbia University, New York University, Harvard University, Yale University and the University of Michigan. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the intructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. - - Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. - - Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. - - The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. - - Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. - - The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. - - For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. - - Cross listed with the School of Education. - - Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C)
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 661:
Advanced Negotiation: International
This advanced seminar explores how lawyers, diplomats, members of civil society, and citizen advocates can successfully negotiate agreements and pursue conflict resolution in the public international field. The course has a special focus on conflict and dispute resolution processes that take place in contexts where governing laws may be ambiguous, contested, or unenforceable. The goal is to help students learn how to critically evaluate and prepare to participate in these kinds of processes, with special attention to what their role as lawyers or legal advisors can be. Through simulations and case studies, the course will expose students to various types of international conflict resolution processes. These processes include track 2 processes, governance/civil society engagement (particularly regarding resource management, transparency and accountability, extractive industries), transitional justice (including reparations, truth-telling, reconciliation efforts, victim-perpetrator dialogue, restorative justice), peace treaty development, and DDR (disarmament, demobilization and reintegration of armed groups). Prerequisites: Negotiation Seminar (LAW 615), its substantial academic equivalent, or substantial experience in the field. SPILS students are especially encouraged to enroll. This course is also open to cross-registration by graduate students in a variety of departments and programs including International Policy Studies, provided that they have had sufficient prior background in negotiation. Please describe prior negotiations coursework and experience on your Consent Form. Any student deemed to be lacking the required foundational knowledge may still be admitted to the course, but required to attend an intensive bootcamp in basic negotiation theory and methods prior to the first Wednesday Advanced Seminar session. Grading Criteria: The seminar requires that students do the required reading, actively participate in class and simulations, make a team presentation analyzing a case study in international negotiation process, and to submit occasional short writing assignments.
Terms: Spr
| Units: 3
LAW 662:
Advanced Youth and Education Advocacy Clinic
The Youth and Education Advocacy Advanced Clinic provides an opportunity for students who have already successfully completed the Education Advocacy Clinic to continue their advocacy work in the Clinic and/or to pursue a discrete project related to educational equity advocacy. Examples of projects include strategic policy research and management consulting for public education institutions on specific topics (e.g., accountability programs, community outreach and engagement, school climate); investigation and preparation for impact litigation; and community education and outreach on a specific education-related issue. All projects will be jointly designed by the instructor and the advanced student. Advanced students will also continue to participate in the Clinic's discussion of cases during case rounds. Special instructions: Admission is by consent of instructor. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Elements used in grading: Projects and class participation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 663:
Advanced International Human Rights and Conflict Resolution Clinic
The International Human Rights and Conflict Resolution Advanced Clinic offers the opportunity for students who have already successfully completed an International Human Rights and Development Clinic to pursue one or more specific projects in conjunction with the Clinic, either independently or in collaboration with colleague(s) enrolled in the regular clinic. Any travel will be strictly contingent on the Advanced Clinical student's availability and the needs of the project. Advanced Clinical students are expected to participate in as much of the regular clinical seminar and seminar simulations as possible given pre-existing scheduling constraints. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Elements used in grading: Project work, writing assignments, case preparation, attendance and class participation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 664:
Advanced Legal Writing: Business Transactions
This course offers students practical preparation in the skills needed to be a great transactional lawyer. Students will learn to draft clear, effective, plain language contracts and to draft and analyze other transactional writings used to manage complex business transactions. The course provides a wide range of realistic drafting problems and interactive lectures. Through them students will (i) develop sensitivity to the expectations of their clients and other attorneys, (ii) sharpen their analytical skills in the context of contracts, and (iii) learn specialized research tools related to contract provisions. The class will appeal to students interested in working in a law firm and practicing transactional law (of any type) and those interested in business litigation who would like to gain an understanding of contract provisions. SPECIAL INSTRUCTIONS: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and Degree of Study. Early drop deadline: Students may not drop this course after first week of class. Corporations (Law 242) is a prerequisite for all but LLM (CGP) students. Elements used in grading: Class participation, attendance, written assignments, and final paper.
Terms: Aut, Win, Spr
| Units: 3
LAW 665:
Advanced Legal Writing: Legislative Drafting and Analysis
This course offers practical preparation in how to draft and analyze federal legislation. The course is designed to give students realistic legislative drafting problems and an opportunity to research the legislative process of an enacted law of their choosing. Through these drafting assignments and study, students will learn in detail the dynamic and fascinating political process of how laws are enacted in the United States and how to draft effectively within such a process. Students will gain unique, foundational tools and skills necessary to draft effective, clear legislation and to analyze and interpret laws of any kind. Elements used in grading: Class participation, attendance, written assignments and final paper.
Terms: Win
| Units: 2
LAW 668:
Legal Technology and Informatics
Legal technology is rapidly transforming both the practice and nature of law. This class seeks to explore both the current trends and the future possibilities of this transformation, as we begin to train the future generation of technology savvy lawyers, and technologists who understand the intricacies and potential of what the law could be. Legal informatics could be defined as a computational perspective of law: where does legal information reside, how is it manipulated, and which algorithms and data structures are used in various legal functions? Note that there are no prerequisites for this class beyond an interest in the subject. There are numerous examples of technologically driven legal transformation. Case law search has moved from hard copy to closed digital systems such as Westlaw and LexisNexis, and into free cloud-based systems such as Google Scholar and Wikipedia. More and more statutes are available online. Changes can be seen in e-discovery, privacy, the delivery of (online) legal services, and the budding legal technology startup community. As a result, questions arise as to the proper statutory and ethical boundaries between humans and machines in implementing legal activities. Beyond the current and near-term technologies, however, are core academic and philosophical questions that will have increasing import as machines gain in sophistication and capability. For example, although the law differentiates between the responsibility assignable to minors compared to adults, we are far from identifying the point at which an agent or robot is morally responsible for its own actions, as opposed to the responsibility being assigned to its creator.
Last offered: Autumn 2012
| Units: 2-3
LAW 669:
Narrative Skills and the Law
A lawyer who communicates not only in a cerebrally persuasive way, but also in an emotionally gripping way, has an enormous strategic advantage. Judges, jurors, and clients are all human beings, susceptible to compelling stories like everyone else. This course - conducted by a television and film writer who is also a lawyer with experience in all three branches of government, private practice, political campaigns, and a labor union - teaches how to compose an engaging story and how to apply those skills to a variety of legal situations. The first part of the course will cover the art of storytelling on both a theoretical and a practical track. On the theoretical track, students will study story drive; narrative structure; beginnings, middles, and ends; openings; plot and character; exposition; and transitions. The class will have a healthy amount of assigned reading and viewing that illustrate each of these components in literature, drama, and film. On the practical track, students will undertake writing exercises that parallel the theoretical discussion, to develop a first-hand facility with those facets of storytelling. In the second part of the course, students will apply their storytelling insights and skills to specific legal situations: A criminal case. An appellate case. A legislative proposal. A labor negotiation. A public relations crisis. Students will discuss in depth their narrative approaches to these situations, along with those taken by lawyers in other cases in the respective areas. By the end of the course students will have a powerful tool few of their peers will possess, and be able to approach their day-to-day professional challenges in a more effective and confident way.
Last offered: Autumn 2012
| Units: 3
LAW 670:
White Collar Crime
This course explores the law of economic and political crimes associated with the rubric "white collar crime." The class is divided thematically between mens rea issues and substantive issues. Among the substantive areas which are covered are: obstruction of justice, perjury, bribery and gratuities, mail and wire fraud, securities fraud, and money laundering. We will study specific federal statutes in considerable detail, while also speculating about the jurisprudence underlying these crimes, and related issues of prosecutorial discretion and attorney ethics. Special instructions: Students may write a paper in lieu of the final exam for Research credit. Also, classroom participation may be taken into account to some very small degree. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and final exam or paper.
Terms: Spr
| Units: 3
LAW 671:
Critical Theory
Developments in critical theory as it relates to law and jurisprudence. The critical tradition in Western philosophy including thinkers such as Friedrich Nietzsche, Karl Marx, Max Weber, Jean Paul Sartre, and Michel Foucault. Influence of this critical tradition in American legal theory, tracing the critical turn through the Americal legal realists, critical legal studies, and the emergence of identity-based critical movements such as critical race theory, critical feminist theory, and critical approaches to sexual orientation.
Last offered: Autumn 2008
| Units: 3
LAW 671:
Critical Theory
This course will review the most important developments in critical theory as it relates to law and jurisprudence. It will begin with a brief review of the critical tradition in Western philosophy including thinkers such as Friedrich Nietzsche, Karl Marx, Max Weber, Jean Paul Sartre and Michel Foucault. We will then look at the influence of this critical tradition in American legal theory, tracing the critical turn through the American legal realists, Critical Legal Studies and the emergence of identity based critical movements such as Critical Race Theory, Critical Feminist Theory and Critical Approaches to Sexual Orientation. The class will conclude by examining the theories of Giorgio Agamben, Jacques Rancière, and Niklas Luhmann and considering their possible legal implications. Special Instructions: Students have the option to write an independent research paper for Research credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation and final paper.
Last offered: Spring 2015
| Units: 3
LAW 672:
Ending Wars: A Just Peace or Just a Peace
Much of just war theory focuses on the justifications for resorting to armed force and the conduct of hostilities. But what are the ethical and legal principles that govern ending wars and making peace? This course will explore the theory of "just peace," including such problems as when a party to war may demand the unconditional surrender of its adversary and what kinds of compromises are ethically permissible in order to end - or to avoid - armed conflict. We will also consider the terms and practices the winning party in war may impose on the loser, such as reparations and occupation (particularly transformative occupation). In addition, we will examine the topic of transitional justice, including issues related to amnesty, forgiveness, criminal and other forms of accountability, and reconciliation. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Ethics in Society (ETHICSOC 372R) and Philosophy (PHIL 372M).
Terms: Win
| Units: 2
LAW 673:
Advanced Legal Writing: Drafting and Negotiating Sports Law Transactions
This seminar focuses on the drafting and negotiation of certain sports law transaction documents. Examples of documents to be discussed in the seminar are suite license agreements, sponsorship agreements, naming rights agreements, sports team acquisition agreements and media rights agreements. This seminar is intended to be "hands-on" with all students having the opportunity to experience being a "sports law attorney." The class room environment is intended to simulate the experiences that a junior attorney would encounter in a law firm or corporate legal setting. The major emphasis of this seminar will be on how sports transaction documents are drafted, negotiated, revised and finalized. In addition to a discussion of some of the specific sports transaction documents and the drafting and negotiation techniques related to those documents, there will be general discussions of other sports law related issues. Depending on availability and timing, the seminar may also feature periodic sports practitioners (e.g., general counsel for professional sports teams or organizations) as guest speakers to discuss their sports law experiences and their perspective on some of the documentation covered by this seminar. There will be no exams but instead there will be three independent writing assignments which will require the students to draft transaction documents based on forms from actual sports transactions. The final assignment will be a group assignment consisting of drafting, negotiating and finalizing a sports transaction document. There will also be periodic negotiation sessions. Special Instructions: Attendance at all class sessions is mandatory. Enrolled and waitlisted students must attend the first class meeting to be enrolled in the course and waitlisted students must continue to attend classes until they are either enrolled or until the final determination of their waitlist status is made. Late papers are subject to grading penalties. Elements used in grading: Class participation (quality not quantity), attendance, written drafting assignments, and the final negotiation/drafting assignment. Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Winter 2015
| Units: 3
LAW 674:
Advanced Legal Writing: Litigation
Building on the skills developed in Federal Litigation, this course will give students additional practice with legal analysis, argument structure, and writing in the pre-trial litigation context. Students will draft an office memo, summary judgment brief, and pleadings in an internet school speech case. Students also will complete short writing exercises in and out of class to practice skills such as omitting surplus words, preferring active voice, using concrete words, punctuating carefully, etc. The goals of this class are to help students organize facts and principles in a succinct and logical way and to deepen their understanding of the legal reasoning process. The course should appeal to students interested in litigation practice and those wishing to hone their writing skills. Elements used in grading: Class participation, attendance and written assignments.
Terms: Aut
| Units: 3
LAW 675:
Human Trafficking: Historical, Legal, and Medical Perspectives
This course offers an interdisciplinary approach to understanding the extent and complexity of the global phenomenon of human trafficking, including trafficking for forced prostitution, labor exploitation, and organ harvesting. In each of these areas, we will focus on human rights violations and remedies. The course aims to: 1. Provide the historical context for the development and spread of human trafficking. 2. Analyze current international and domestic legal and policy frameworks to combat trafficking and evaluate their practical implementation. 3. Examine the medical, psychological, and public health issues involved. 4. Stimulate ideas for new interventions. Instruction will combine lectures and small group discussion, and uses problem-based learning. Students interested in service learning should also enroll in History 6W/7W (FemGen 6W/7W), a two-quarter service learning workshop. Elements used in grading: Attendance; participation; written assignments; and final exam. This class is cross-listed with Feminist, Gender and Sexuality Studies (FEMGEN 5C, FEMGEN 105C), History (HISTORY 5C, 105C), Human Biology (HUMBIO 178T), International Relations (INTNLREL 105C) & School of Medicine General (SOMGEN 205).
Terms: Spr
| Units: 3
LAW 676:
Rethinking Refugee Communities
Tens of millions of people have been forcibly uprooted by conflict or persecution worldwide. Although some of these people obtain asylum in advanced industrialized countries, a far larger number remain as refugees and internally-displaced people living in hastily-built refugee communities in the developing world. This project-based, interdisciplinary class is focused on exploring alternatives to improve the planning, design, and governance of refugee communities. It considers some of the legal, design, engineering, and governance challenges associated with communities of refugees and other forced migrants. The goal is to exercise and enhance students¿ ability to deal with multifaceted complex issues by developing recommendations that can be implemented by the Office of the United Nations High Commissioner for Refugees (UNHCR).
Last offered: Autumn 2012
| Units: 2
LAW 677:
Professional Responsibility
This course introduces students to the goals, rules and responsibilities of the American legal profession and its members. The course is designed around the premise that the subject of professional responsibility is the single most relevant to students' future careers as members of the bar. These issues come up on a constant basis and it is critical that lawyers be alert to spotting them when they arise and be educated in the methods of resolving them. As such, the course will address many of the most commonly recurring issues that arise, such as confidentiality, conflicts of interest, candor to the courts and others, the role of the attorney as counselor, the structure of the attorney-client relationship, issues around billing, the tension between "cause lawyering" and individual representation, and lawyers' duty to serve the underrepresented. In addition, we will delve into some more personal ethical issues that reflect on why students have chosen law as a profession and how lawyers compose careers that promote or frustrate those goals. At the start of each session (starting with the second session) there will be a brief quiz on the material that was covered in the readings and discussion of the prior session. During the period of the course, students will also be responsible for submitting one reflection paper (three-to-five pages) on a topic that is covered in the course (one paper for the entire course). These papers will be due on the Wednesday of the last week of class. Grades will be based on the quizzes and the paper submitted, with the instructor retaining the right to take class participation into account. Attendance is mandatory and students must seek instructor approval for any absences not due to illness. This course is offered to foreign graduate students only. It is taught on an accelerated basis over the course of three weeks between August 31, 2015 and September 18, 2015. Thus, the course meets on average nine hours per week. The exact meeting times will be set once the graduate students' schedules are set. Elements used in grading: Attendance, class participation, quizzes and written memo. Limited to LLMs, JSMs and exchange students. Required for LLMs.
Terms: Aut
| Units: 3
LAW 678:
Introduction to Microeconomics
COURSE SUBSTANCE: It is no secret that economic ideas are being usednnincreasingly in law school courses, in law practice, and in a wide variety of other fields that a law school graduate might choose to pursue - antitrust, corporate, environmental, tax, labor, and securities are just some of the immediate examples that come to mind.While many Stanford Law School students have already taken courses in economics as undergraduates, or might even have majored in economics, many of you have not. This course is offered to "bring you up to speed" so that you will not be at a disadvantage in other courses at the Law School that draw on economic ideas (or, just as importantly, not be at a disadvantage when you graduate and you encounter economic ideas and arguments on the job or in life.)So, what is economics, exactly? All societies face the problem of scarcity - there are not enough resources to satisfy people's desires for all things. Economics studies how individuals and societies deal with scarcity and the mechanisms for deciding what to produce, how to produce it, and who gets the output. It is as simple and complex as that! As you can imagine, the practical applications are nearly endless. Please note that the course focus will be microeconomics - the branch of economics that focuses on the economic behavior of individual decision-making units, such as households and firms, and how these individual decisions fit together. (I will not discuss macroeconomics in this course - i.e. the behavior of the economy as a whole, particularly inflation, unemployment, and business cycles.) More specifically, I will spend the vast majority of the course taking you through the basic supply and demand model of markets - what it is, where it came from, how and when it works, and when it does not work so well. With that base, I can branch out accordingly to help you apply it to a wide variety of relevant issues. Though I will not focus specifically on how economic ideas have been used in a legal context (there is another course and seminar that does that), I will make some effort to link the economic ideas we discuss directly to legal topics. COURSE PROCEDURE: My primary goal is to teach you the fundamental principles of microeconomics by (1) providing you the relevant schema to understand the basic tools of economic analysis; and by (2) drilling you extensively with problems, cases, current events, and other applied materials so as to help you develop the ability to use these tools and truly make them your own. A heavy emphasis will be placed on building a conceptual understanding of some key economic models, looking closely at the underlying assumptions of those models, and engaging in the process of questioning and relaxing those assumptions in the context of actual "real life" issues. Please do not mistake the analytical rigor I will require, to mean that we will use sophisticated mathematics. To the contrary, I believe that most powerful economic principles should be highly intuitive and non-quantitative.
Last offered: Autumn 2012
| Units: 3
LAW 679:
The Rule of Law - The Foundation of Functional Communities
We will seek to determine a useful meaning of the notion of the rule of law to identify some measurement of adherence and to explore the importance of the rule of law in terms of economic, socio-political and human development. We will focus on accountable government; just laws; open processes for the enactment, administration and enforcement of laws and effective dispute resolution. Readings and discussion will include the works of ancient philosophers, political theorists and jurists from the 17th to the 20th century, modern political economists and contemporary scholars. This seminar will feature several experts in the field as guest lectures and requires three reaction papers from all participants. Elements Used in Grading: Class participation, written assignments and series of short reaction papers.
Terms: Spr
| Units: 2
LAW 680:
Pivotal Moments in American Institutions and Public Law, 1791-Present
(Same as PoliSci 323) American lawyers and policymakers work today in a system of institutions that are strikingly unique in comparative and historical terms. With some exceptions, that system is characterized by relatively stable political and legal institutions, low levels of explicit corruption, high bureaucratic capacity in public organizations, and relatively open, impersonal access to political, policymaking, and legal institutions. Although these characteristics are now often taken for granted, the process through which they emerged remains remarkably opaque. In the 1780s under the Articles of Confederation, the United States was a poor developing country on the fringe of the Atlantic community with limited capacity and a striking inability to provide basic public goods, such as security. One hundred years later, it well along the way to becoming the richest nation in the world. How did this transformation occur? Drawing on judicial opinions, legal scholarship, political science, economics, and history, this course explores how institutions evolved to create such a system. It traces the problem of institutional development through several critical periods in the history of American public law, including the emergence of the Constitution, the events leading up to and following the Civil War, the Progressive era, World War II, institutional changes occurring roughly during 1964-75, and the emergence of the modern administrative state. Although the primarily focus is on the American experience, we place these developments in comparative context as well.
Last offered: Spring 2013
| Units: 3
LAW 681A:
Better: Improving Decision-Making, Achievement, and Performance
This discussion group will explore how recent insights from psychology and related fields can help make us better students, better professionals, better leaders, and better people. We will consider works dealing with happiness, decision-making, learning, persuasion, success, and achievement. The reading list will include some or all of the following: Jonathan Haidt, The Happiness Hypothesis; Atul Gawande, Better: A Surgeon's Notes on Performance; Paul Tough, How Children Succeed: Grit, Curiosity, and the Hidden Power of Character; Richard Thaler & Cass Sunstein, Nudge: Improving Decisions about Health, Wealth, and Happiness; Annie Murphy Paul, Brilliant: The New Science of Smart; and Adam Grant, Give and Take. Begin in Autumn Quarter and run through Winter Quarter. Class meeting dates: Tuesday evenings from 7:30 - 9:30, exact dates TBD. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration). See Ranking Form for instructions and submission deadline.
Terms: Win
| Units: 1
LAW 681B:
Can Philosophical Insights or Empirical Knowledge Help Us Make Hard Choices?
We will explore both two overarching themes and five specific problems that I hope are intrinsically interesting. The first general question is whether philosophical inquiries on big issues - e.g. what it means to be well-off; what obligations do we have to strangers who are radically worse off than we are; when should we observe rights-based limits on our pursuit of aggregate welfare; what does it mean to coerce another party - help us make choices when it is not obvious what we should do. The second, related question is whether empirical knowledge - e.g. psychological, economic - might help us, in addition, instead, or no more than philosophical insight. The specific questions we will focus on have little in common, other than that they are not easily answered. Some refer to decisions that seem wholly self-regarding, others that seem to refer to obligations to others. Some involve acting in professional role, some out of role. Some seem plainly important, others might seem more trivial. And it is possible, of course, that you will come to believe that philosophers or empiricists may have more to say about some of the issues that we discuss than others. The five questions I tentatively plan on exploring are: (a) how a late adolescent patient (or a doctor advising that patient) ought to choose between an operation that will significantly improve various aspects of her life over the next thirty years but poses a substantial risk of leaving her wheelchair-dependent in middle age and an operation that will lead to impaired functioning for the next few decades but mobile without mechanical aids past the age of 50 (b) how we can evaluate claims that virtually all of us living in economically prosperous countries are obliged to give away a substantial chunk of our income to save the lives of very poor people around the world (c) how we should evaluate the propriety of torture designed to elicit information about planned criminal/terrorist activities that might arguably save those who would be harmed if the plans came to fruition (d) how an attorney in a big law firm ought to determine when and whether it is appropriate to ask an administrative assistant to do work that is not directly related to the production of legal services (e.g. pick up laundry from the cleaners) and whether (and if so, why) the answer to that question is sensitive to the gender of the attorney and the attorney's administrative assistant, and finally, (e) whether existing rules governing the conduct of war that draw significant distinctions between killing soldiers and killing civilians and between killing civilians intentionally rather than knowingly are sensible. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: To be determined by instructor. Elements used in grading: Class attendance at all sessions and class participation. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2015
| Units: 1
LAW 681C:
Group Behavior
This discussion group will look at how ethical choices are shaped by organizational and group cultures. We'll read about some famous psychological experiments such as the Milgram and Zimbardo experiments; and some studies of decisions made in corporate organizations, government bureaucracies, and a battalion of ordinary middle-class Germans tasked with hunting down Jews; and talk about what insights from this work may be relevant to lawyers' ethics and working lives. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: To be determined by instructor. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
Terms: Spr
| Units: 1
LAW 681D:
How Can You Represent Those People?
This discussion group will consider why a lawyer might devote herself or himself to representing people accused of crime. We will explore a range of possible answers, from guaranteeing procedural fairness to appreciating the factual indeterminacy inherent in our world to fighting racial or class-based injustice. Course materials will likely include fiction (such as Atonement by Ian McEwan); nonfiction essays; as well as a couple of recent films (Bernie and The House I Live In). Lisa Douglass, lecturer and staff attorney in the Stanford Community Law Clinic, will help lead the discussions.nClass meeting dates: To be determined by instructor.nDiscussions in Ethical and Professional Values Courses Ranking Form: To apply for this course, students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2014
| Units: 1
LAW 681E:
Human Rights and Film
This 'Discussion' group will focus on the treatment of human rights issues in films. After reviewing brief, selected readings that provide essential background, the group will view a film (one per session, for five sessions) that focuses on issues of social conflict and human rights. Several of the film showings will be held at Prof. Cavallaro's home. Afterwards, students will consider the human rights matters addressed in the film. Films likely to include 'Battle of Algiers' and 'La Historia Oficial' (The Official Story, Argentina 1985). Winter Quarter. Class meeting dates: To be determined by instructor. Elements used in grading: Class attendance at all sessions and class participation. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Terms: Win
| Units: 1
LAW 681F:
Law, Narrative, and Boundaries
As citizens and as professionals, lawyers work in a world marked and shaped by salient social boundaries. Some kinds of differences - of politics, religion/religiosity, race, ethnicity, language, wealth, gender, sexuality and other attributes - can be profoundly divisive. Broadly speaking, this class is inspired by the complex cultural and political challenge of managing these differences¿a challenge that lawyers have a unique opportunity to address. The particular lens through which we will investigate this issue involves those who cross, or reflect upon in novel ways, some of these boundaries. As we read and discuss narrative accounts, we will consider what light they shed on how social and legal boundaries are created, evolve, and take on particular meanings. We will ask how law constructs or enforces lines, and how those practices change when the line itself gets blurry. Materials will include fiction and nonfiction, prose and film, on subjects such as: stories of "passing" (involving race and gender); the Thomas Jefferson-Sally Hemings relationship; attempts by Palestinians and Israelis to live peacefully with one another in the cooperative village of Wahat al-Salam/Neve Shalom; various narratives about life on both sides of the U.S.-Mexican border; and stories about the intersection of religion and sexuality. We will supplement the narratives with some theoretical material that looks at how law can shape, define, and enforce boundaries.
Last offered: Spring 2013
| Units: 1
LAW 681G:
Searching for Balance
This discussion group will explore the topic of work-life balance, in particular how women and men in law and other demanding professions negotiate the demands of work and family. Readings will include a wide range of perspectives - current social science research, contemporary fiction, feminist theory, debate in the popular media, comparative studies of other countries. We will consider the factors that make work-life balance so elusive, including government policies (e.g., maternity leave and child care); gender roles in the family; the institutional culture and structure of particular workplaces; differences related to race, ethnicity and economic status; and individual choices that men and women make about how to lead lives that they find meaningful. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: To be determined by instructor. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
Terms: Spr
| Units: 1
LAW 681H:
Issues in Philanthropy
We will explore selected topics, encompassing some subset of the following: the roles of the philanthropic and nonprofit sectors in society; the justifications for tax-subsidized philanthropy; whether giving to the poor is morally obligatory or discretionary; barriers to the practice of strategic philanthropy; evaluating philanthropic outcomes; impact investing; the role of corporate philanthropy; and whether foundations should be designed and run to exist in perpetuity or to spend down corpus over a finite lifetime. Winter Quarter. Class meeting dates: To be determined by instructor. Elements used in grading: Class attendance at all sessions and class participation. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Winter 2015
| Units: 1
LAW 681I:
The Sea Around Us: Ethical, Physical, and Emotional Connections Between Humans and the Ocean
This colloquium examines current ocean law and policy issues through a series of readings of seminal works about ethical, physical, and emotional relationships of human beings to the marine world. Through the lenses offered by several classic readings, we will examine and reinterpret the challenges of fisheries collapse, climate change, shipping, marine spatial planning, biodiversity conservation, and the management of land-sea interactions. The course is open to all law students and will be particularly interesting for those interested in studying and solving key issues of ocean policy and management, from coastal adaptation to fisheries management to cumulative impacts assessments to the relationship of human beings and the sea. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: Exact meeting time and dates to be determined by instructor. Elements used in grading: Class attendance at all sessions and class participation. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Terms: Spr
| Units: 1
LAW 681J:
When Bad Things are Done by Good People
Some people live their lives in a manner that would lead few to declare them good people. From Tony Soprano to Saddam Hussein to Bernie Madoff, we are all familiar with individuals who have made crime and violence a constant in their lives. There are far more people, though, who try generally to live good lives, but find themselves having acted or having failed to act in ways that are widely condemned as evil. Over the course of our five meetings, we will be looking (through some books, reports and films) at case studies of such circumstances, ranging from clergy and others in authority who covered up evidence of sexual abuse, prosecutors who ignored evidence of wrongful convictions, lawyers who turned blind eyes to client misconduct, and soldiers who committed acts they would have once found unimaginable. We will also look at a contrasting case study of individuals who resisted great pressure and kept their moral compasses well-calibrated. Throughout our inquiry, we will reflect in particular on the power of institutions and authority in affecting ethical mores. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: To be determined by instructor. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
Last offered: Spring 2015
| Units: 1
LAW 681K:
Confidence, Influence and Leadership
For the past two years, the name of this reading group was Why are People So Sure? For this year, we have changed the name--and the emphasis to a degree. As in the past, we will discuss books that address the phenomenon of people having great confidence in their beliefs or opinions, even when there is a reasonable possibility that they are wrong. For example, many arguments about politics or policy involve highly complex factual assumptions and predictions. Despite the difficulty of assessing the validity of factual assumptions and forecasting the consequences of any particular decision, many people maintain great confidence in the correctness of their beliefs. Why is that? In addition, some people are very successful in influencing other people with respect to such beliefs or opinions. How do they do that, and what makes their audience susceptible to being convinced? In the extreme, what allows this sort of person to be a leader or at least a "thought leader" (to use what regrettably seems to be a new entry into our lexicon)? In this discussion group, we will read books that engage these questions in diverse ways. Students that join the group will be expected to be full participants in the discussion. Neither of us is an expert in the topic and neither of us expects to have any more to say than you will. So please join us only if you find this format appealing. Another requirement of the group will be to create a written log, or summary, of what we read and discuss. We will all share responsibility for writing this. Begin in Autumn Quarter and run through Winter Quarter. Class meeting dates: To be determined by instructor. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline..
Last offered: Winter 2015
| Units: 1
LAW 681L:
Constitutional Law and Lawyers in Context
In this discussion group, we will go beyond judicial opinions to read books about some of the leading cases in constitutional law and the lawyers who litigated them. In the course of doing so, we will discuss what insights about constitutional law and lawyering can be distilled from exploring the historical context, participants, origins and aftermaths of some major cases and issues. The books will include Gilbert King's Devil in the Grove (about Thurgood Marshall's role in defending the "Groveland Boys" against accusations of rape in Florida in the 1940's); Anthony Lewis's Gideon's Trumpet (about Gideon v. Wainwright), Dale Carpenter's Flagrant Conduct (about Lawrence v. Texas); David Garrow's Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (about Griswold v. Connecticut and Roe v. Wade) and Victoria Nourse's In Reckless Hands (about Skinner v. Oklahoma). Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: Wednesday evenings, 7:30-9:30 pm, on Jan. 21, Feb. 18, March 4, April 15, and May 13. Discussions will be held at Professor Schacter's home in Menlo Park. Elements used in grading: Class attendance at all sessions and class participation. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2015
| Units: 1
LAW 681N:
Law and Performance
From the rhetorical fireworks of the classic American trial scene to the band Pussy Riot's "aesthetic resistance" in Russia, law and performance have been entangled in more and less officially sanctioned ways. This discussion seminar will address questions at the intersection of law and performance, such as: What are the ethical implications of performance in the legal context?; When does or should freedom of performance come into conflict with the norms of a well-ordered society?; Can examining methods of musical interpretation help us to adjudicate between originalism and living constitutionalism?, and; What can drama reveal to us about the law? Among other readings will be included Jack Balkin's work on opera and constitutional interpretation, Kenji Yoshino's "The City and the Poet," Hannah Arendt's Eichmann in Jerusalem, and Desmond Manderson's "Making a Point and Making a Noise: A Punk Prayer."nSpring Quarter.nClass meeting dates: To be determined by instructor.nElements used in grading: Class attendance at all sessions and class participation.nDiscussions in Ethical and Professional Values Courses Ranking Form: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
| Units: 1
LAW 681O:
The Law of Democracy
This seminar will cover topics in the general area of law and politics, specifically the law concerning elections. The discussions will focus on the following five case studies: Redistricting; Bush v. Gore and the 2000 election; Campaign Finance; Party Primaries and Conventions; and The Voting Rights Act. Although we will discuss court cases, much of the seminar will include "war stories" from those involved in the cases or legislative battles. Students who plan to enroll in "Regulation of the Political Process" are encouraged to take this discussion seminar as well. But that class is not a prerequisite for this seminar. Note: Los Altos location is not walkable. Winter Quarter. Class meeting dates: TBD. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Winter 2015
| Units: 1
LAW 681P:
Personal Satisfaction in Legal Practice
This discussion group will explore satisfaction in professional practice. Readings will explore the conditions of current practice, with an emphasis on law firms, and what can be learned from research on happiness. Books to be excerpted may include Nancy Levit and Douglas Linder, The Happy Lawyer, Steven Harper, The Lawyer Bubble, Sonja Lyubomirsky, The How of Happiness, Daniel Gilbert, Stumbling on Happiness, Martin Seligman, Authentic Happiness, Bryant Garth, After the JD, Milton Reagan, Eat What You Kill, and Nash and Stevenson, Just Enough.nBegin in Winter Quarter and run through Spring Quarter.nClass meeting dates: To be determined by instructor.nElements used in grading: Class attendance at all sessions and class participation.nDiscussions in Ethical and Professional Values Courses Ranking Form: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2014
| Units: 1
LAW 681Q:
Failure
Lawyers are charged with prosecuting and defending the civil and criminal failings of others. In client counseling and transactional representation, we are charged with helping our clients avoid failure. And as professionals, we are enjoined to avoid failures ourselves. So we spend our careers in and around failure - anticipating it, reconstructing it, and seeking to prevent and remedy it. This seminar explores the human experience of failure in both legal and non-legal settings. What are the circumstances (structural and cognitive) that appear to lead to personal, professional, legal, political, and moral failures? How does the law shape social understandings of what failure is? What kinds of failures appear to support the belief that failure is (almost always) avoidable, and thus the fault of individuals who experience failure? Why do other failures seem inevitable? What is the narrative structure and allure of representations of failure as a condition of success? How are failure and the harms that flow from the experience of failure remembered or forgotten by individuals and groups who cause failure and those who attempt to redress it? Sources for the seminar will range from cases dealing with professional malpractice and cultural histories of professional ideology to poetry, constitutional history, theories of creative destruction, and responses to mass atrocities. Begins in Winter Quarter and runs through Spring Quarter. Class meeting dates: Five evening sessions to be determined by instructor in coordination with enrolled students. Elements used in grading: Class attendance at all sessions and class participation. To apply for this course, 2L, 3L and Advanced Degree students must complete an application form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See form for instructions and submission deadline.
Terms: Spr
| Units: 1
LAW 681R:
The Arrest, Trial, and Execution of Jesus of Nazareth
Patterned on a seminar taught by Professor Joseph Weiler at NYU Law School, this discussion seminar will study the most famous criminal case in the history of the world: the arrest, trial, and execution of Jesus of Nazareth. In five two-hour sessions at Professor McConnell's home, we will cover (1) Jesus's arrest in the the Garden of Gethsemane, (2) his trial before Jewish authorities, (3) his trial before Roman authorities, and (4) his execution, with (5) one session left for general considerations. (We will not delve into the reports of his resurrection.) We will focus on the nature of the charges against Jesus, the legal procedures employed, the evidence and the defense, the relation between imperial and local authorities, the relation between religious and secular law, the ethical roles of the individuals involved, and the mode of execution. Our primary text will be Raymond E. Brown, The Death of the Messiah (Yale University Press 2004), a scholarly two-volume study drawing on all the extant historical sources. Among the questions we are likely to discuss are: Was the trial fair by the standards of the day? Was Jesus guilty of any of the charges? What were the authorities - and particularly Pilate - trying to accomplish? What was the role of the mob? Was Roman law a constraining influence, or the opposite? What was Jesus's own perspective on the proceedings? How reliable and/or plausible are the sources? Although this subject is of religious and spiritual concern to some, including (in all likelihood) some students taking the seminar, the seminar will not consider the material in a religious way, but instead as a legal event. The instructor hopes that the class will be religiously diverse, and especially encourages non-Christian students to enroll. Discussion will, of course, be conducted in a way that is comfortable for persons of all shades of belief and disbelief. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: To be determined by instructor. Elements use in grading: Class attendance at all sessions and class participation. Discussions in Ethical and Professional Values Courses Ranking Form: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2014
| Units: 1
LAW 681S:
Plato's Republic
We will discuss Plato's Republic with a focus on its treatment of law, justice, equality, and legal institutions. After the first session, on Book One, students will take turns co-leading the discussions. Limited to eight students, the seminar will meet in the instructor's home. Begin in Winter Quarter and run through Spring Quarter. The class will meet in the evening, on a weekday. Exact meeting time and dates to be determined by consensus of the participants. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2015
| Units: 1
LAW 681T:
Law and the Humanities Discussion Seminar
There have been a number of efforts to define what "law and the humanities" comprehends, some including history and philosophy as disciplines juxtaposed with law and others insisting on a narrower version of the field. A newer movement led by Chris Tomlins has rejected the "law and" model entirely and insists instead on formulating interdisciplinary work in law as "law as." This discussion seminar will examine inductively what law and the humanities might mean and the significance of its contribution by considering a number of essays and articles that could be thought of as work in law and the humanities. Each session will be devoted to a pair of writings around topics like "Law and Literature," "Legal History," and "Law and Performance." Questions to be considered include the role of law within these projects, the audience being addressed, the larger social significance of the arguments being made, and the extent to which the pieces are grounded in a particular discipline or set of disciplines or float above disciplinary formations. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: To be determined by instructor. Elements use in grading: Class attendance at all sessions and class participation. Discussions in Ethical and Professional Values Courses Ranking Form: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students and then see Consent of Instructor Forms). See Ranking Form for instructions and submission deadline.
Last offered: Spring 2015
| Units: 1
LAW 681U:
Injuries
Very generally speaking, we try, as individuals, to avoid injuring people and, collectively, to adopt policies that minimize injury, in the sense that we don't want to make people worse off, in some hedonic sense, or deprive them of options or capacities that we think they ought to have. Moreover, our legal system frequently compensates people who are injured (and therefore must ascertain if, and how badly, they are injured.)What we get the chance to investigate and discuss in this discussion group is what we mean when we say that people are injured by some particular practices or outcomes that might seem, without much reflection, to be obviously injurious. More particularly, we will discuss five issues: (1) In our first session, we will work out the implications of an academic literature that seems to explore what I see to be one of the finest of one-line jokes ("Nothing matters, and what if it did?"). The literature on hedonic adaptation might seem to suggest that we can neither injure others nor improve their lots: very quickly, people return to a (generally mildly positive) fixed equilibrium state even when seemingly very good or very bad things happen to them. We will explore the literature and its limits. (2) In the final four sessions, we will explore four conditions or practices that seem intuitively injurious and problematic and try to figure out more precisely what might be bad about them, or whether they are actually injurious in the ways that we might at first think: we will explore what is injurious about poverty, discrimination, sexual harassment, and even the big one, death. Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: Meetings will be in the evenings. Exact meeting time and dates to be determined by consensus of the participants. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
Terms: Spr
| Units: 1
LAW 681V:
Impact Investing
There has been growing interest in investments in for-profit enterprises where investors seek particular social outcomes (e.g., health, sanitation, or financial services for the poor) in addition to or even at the sacrifice of financial return. A small but growing subset of impact investments involves social impact bonds to help finance government pay-for-success contracts with organizations seeking to problems such as recidivism, homelessness, and asthma. Foundations, including Gates, Ford, and MacArthur make such impact investments through what the Internal Revenue Code terms "program-related investments," which count toward the foundations' required annual payout. And some family offices and high net worth individuals make them out of their checkbooks. We will take a sympathetic but skeptical look at a range of impact investments to understand their potential for solving social problems and also their limitations. Two pervasive questions will be the scope of investment opportunities that sacrifice financial return, and whether and when investments that seek risk-adjusted financial returns accomplish anything that ordinary commercial investments wouldn't do anyway. The discussion seminar requires no prior knowledge of philanthropy or finance. Winter Quarter. Class meeting dates: To be determined by instructor. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
Terms: Win
| Units: 1
LAW 681W:
When Research Goes Bad
Research is the application of systematic methods for purposes of producing generalizable knowledge. In some cases, individuals research on their own; at other times, they work within a range of organizations, such as business entities, universities or other nonprofits. The products of research have powerful effects: they alter human understanding-how we see ourselves and the world; they influence government, policies, and markets; they also shape lifestyles, diets, education, and medical care. In addition, research findings may bring adulation and wealth to the researchers who produce them. Unethical research processes and false research findings ("bad research") can be extremely damaging. They may set science, medicine, business, and social policy in the wrong direction; they invariably waste money; and, directly or indirectly, they are likely to harm the very people they promise to benefit. Bad research is sometimes the result of intentional wrongdoing, but it may also stem from carelessness, "honest" mistakes, and unconscious biases. Through a selection of intriguing case studies and other accounts, this discussion group will explore instances in which research has taken a wrong turn, or is perceived to have done so. What are the consequences for society? What are the consequences for the researchers and their subjects? What ethical, legal and policy questions arise? And what institutional structures can best address these challenges? Begin in Winter Quarter and run through Spring Quarter. Class meeting dates: The class will meet in the evening. Exact meeting time and dates to be determined by instructor. DISCUSSIONS IN ETHICAL & PROFESSIONAL VALUES COURSES RANKING FORM: To apply for this course, 2L, 3L and Advanced Degree students must complete and submit a Ranking Form available on the SLS Registrar's Office website (see Registration). See Ranking Form for instructions and submission deadline. Elements used in grading: Class attendance at all sessions and class participation.
Terms: Spr
| Units: 1
LAW 682:
Advanced Criminal Law and Public Policy II: A Research Practicum
Written Work. Students will expand upon the research begun in Petersilia's Fall 2012 class, turning their fall research papers into academic journal articles, ready for submission. This course meets the SLS writing (W) graduation requirement. This course is a follow on to the Fall 2012 course taught by Professor Petersilia. In that course, each student conducted research on an aspect of California sentencing and/or corrections. The Winter 2013 class will be designed for students who wish to expand their research projects with an eye towards journal publication. This class will also devote signficiant time to developing policy recommendations and delivering formal briefings to high level policymakers.
Last offered: Winter 2013
| Units: 3
LAW 683:
The Future of Human Rights: Law, Politics, and Social Justice in a Multipolar, Multimedia World
Human rights law and practice are being transformed by geopolitical, technological and economic forces that unsettle the actors, strategies, and legal standards that dominated the field in the twentieth century. In this seminar, we will take stock of key global developments that underlie such a transformation, and analyze their impact on the future of human rights, as follows: nn1. The rise of emerging powers (such as Brazil, China and India) and the relative decline of Europe and the U.S. point to a multipolar world order. Together with the proliferation of international regulations (such as transnational corporations' codes of conduct, legal standards advanced by coalitions of NGOs, and decisions of international bodies such as the WTO and UN agencies), this trend results in a legal and political arena that is both broader and more fragmented. In this new context, states and NGOs in the Global North no longer control the creation and implementation of human rights standards, while new actors (from transnational social movements to Global South states and NGOs) emerge as influential voices. nn2. Information and communication technologies present new challenges and opportunities for human rights. As the mobilizations catalyzed by the Arab Spring have shown, tools such as social networks, video documentaries, digital reporting, online learning and long-distance education can accelerate political change, reduce the informational disadvantages suffered by marginalized groups, and bring together national, regional and global groups capable of making a direct impact on the protection of rights. nn3. The range of actors and legal and political strategies has been considerably expanded. Time-honored strategies such as naming and shaming recalcitrant states are being complemented with newer strategies for transnational research, information circulation, and training, which involve a host of different actors, including social movements, online media outlets, inter-governmental organizations, universities and virtual activist networks.nnThe seminar will be divided into three sections, each dealing with one of these transformations. Each section, in turn, will be divided into two discussion sessions and one lecture by a leading scholar and/or practitioner.nnThe seminar will revolve around the discussion of the assigned readings and materials, as well as presentations by students and guest speakers. Grades will be based on an in-class presentation and a final paper.
Last offered: Spring 2013
| Units: 2
LAW 684:
Conflicts, Ethics, and the Academy
This course looks at conflicts of interest and ethical issues as they arise within academic work. The participants will be drawn from schools and departments across the University so that the discussion will prompt different examples of, and perspectives on, the issues we discuss. Topics will include the conflicts that arise from sponsored research, including choices of topics, shaping of conclusions, and nondisclosure agreements; issues of informed consent with respect to human subjects research, and the special issues raised by research conducted outside the United States; peer review, co-authorship, and other policies connected to scholarly publication; and the ethics of the classroom and conflicts of interest implicating professor-student relationships. Representative readings will include Marcia Angell's work, Drug Companies and Doctors: A Story of Corruption, N.Y. Rev. Books, Jan. 15, 2009, and Is Academic Medicine for Sale? 342 N. Engl. J. Med. 1516 (2000) (and responses); William R. Freudenburg, Seeding Science, Courting Conclusions: Reexamining the Intersection of Science, Corporate Cash, and the Law, 20 Sociological Forum 3 (2005); Max Weber, Science as a Vocation; legal cases; and conflict-of-interest policies adopted by various universities and professional organizations. The course will include an informal dinner at the end of each session. The goal of the course is to have students across disciplines think about the ethical issues they will confront in an academic or research career. Elements used in grading: attendance, participation, and two short reflection papers. Cross-listed with Ethics in Society (ETHICSOC 301). Non-law students should enroll in ETHICSOC 301.
Terms: Spr
| Units: 3
LAW 685:
The American Legal Profession
This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA's Model Rules of Professional Conduct: demographic changes in the profession, the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the "public-interest" bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the role of the lawyer as counselor; and the export of American lawyering models abroad. Take-home examination, with option of writing a research paper. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance, final paper or final exam.
Terms: Spr
| Units: 3
LAW 686:
Advanced Legal Writing: Business Transactions, Technology and Social Enterprise
This course is designed to give students practical preparation in drafting and analyzing contracts and drafting with an eye toward addressing both client requirements and negotiation concerns. It should especially appeal to students interested in working in house and practicing transactional law (be it in a traditional for-profit or a social enterprise - with a focus on technology, telecom, social enterprise and collaborative arrangements.). The course offers a wide range of realistic legal writing and drafting problems--completed both inside and outside of class. These drafting assignments will help students improve their writing, drafting, and editing skills and develop their sensitivity to the expectations of the attorneys and clients for whom they will be working as well as the impact of their drafting on the other side. Students will also have an opportunity to collectively interview "clients" for the purpose of determining drafting priorities.In the course, students will learn the foundational tools necessary to analyze a variety of business agreements. Students will learn how to write clear, effective, plain language contracts. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and Degree of Study. Students may not drop this course after the second day of class. Corporations (Law 242) is a prerequisite for all but LLM (CGP) students. A substantial mark-up of a contract is due on the last day of class.
Last offered: Spring 2013
| Units: 3
LAW 688:
Advanced Religious Liberty Clinic
Advanced clinic allows students who have taken the Religious Liberty Clinic to continue working on cases. Participation in rounds is required. Advanced clinic may be taken for 2-7 units; general rule of thumb is 4 hours of work per week per unit. Students may not enroll in any clinic (basic or advanced) which would result in earning more than 27 clinical credits during their law school enrollment. Elements used in grading: Class participation, written assignments, and case work. Students must have taken Religious Liberty Clinic.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
3 times
(up to 7 units total)
LAW 689:
Advanced Legal Writing: The Art of the Deal
This course offers students a range of flexible and adaptive tools to develop the skills necessary for success as deal lawyers. Students will learn how to effectively structure, analyze, research, draft, and negotiate contractual provisions used in documenting complex deals at typical stages of a company's life cycle, highlighting Silicon Valley-style practices. Through drafting exercises, specialized research assignments, case studies, and interactive lectures involving realistic client situations, students will (1) gain a thorough understanding of customary agreement structures, (2) learn how to analyze, revise, and frame important contractual provisions with their client's best interests in mind, (3) recognize the links between successful outcomes and process choices involved in designing, drafting, and negotiating deals, and (4) develop sensitivity for balancing legal, strategic, operational, relational, and cultural aspects. Emphasis will be placed on advancing the goals, interests, and needs of stakeholders while maximizing the value that can be generated by the deal itself. This course will promote collaborative learning within a supportive cohort, enabling students to draw upon the knowledge, experiences, and perspectives of the instructor and their peers while enhancing and refining practical skills. Students will also engage in critical reflection around legal, strategic, and ethical dimensions of their work and their own professional development. This course is designed for students interested in working on deals, whether as a practicing lawyer, investor, or strategic advisor. SPECIAL INSTRUCTIONS: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree of study. Early drop deadline: Students may not drop this course after first week of class. Corporations (Law 242) is a prerequisite for all but LLM (CGP) students. Class size limited to 16 students. Elements used in grading: Class participation, attendance, written assignments, and final paper. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline.
Terms: Win
| Units: 3
LAW 692:
Modern Surveillance Law
This seminar provides an in depth look at modern government surveillance law, policies and practices. It is taught by Richard Salgado, director of law enforcement and information security at Google and a former prosecutor at the U.S. Department of Justice's Computer Crime and Intellectual Property Section, and Todd Hinnen, a partner at Perkins Coie and a former head of U.S. Department of Justice's National Security Division. The course will cover the technology, law and policy of government surveillance of the Internet and other communications technologies. We will focus on U.S. government surveillance for national security, criminal law enforcement and public safety purposes, but also address the relationship with other jurisdictions. Technologies and practices covered will include wiretapping, stored data collection and mining, location tracking and drones. Legal regimes will include the Fourth Amendment, the Foreign Intelligence Surveillance Act, the USA Freedom Act, USA Patriot Act, the Electronic Communications Privacy Act, and CALEA among others. Elements used in grading: Class participation, attendance, and two writing assignments, which includes a final paper.
Terms: Win
| Units: 2
LAW 693:
Law and Politics Workshop
This workshop will feature guest speakers who are political scientists or law professors specializing in the legal regulation of politics. Students will be responsible for response papers to each scholarly paper presented. On weeks without guest speakers, topics to be covered will include election law, administrative law, legislation, judicial behavior and public opinion, as well as the political science relevant to those areas of law. The final grade will be determined by class participation (10%), response papers (30%) and final research paper (60%). Students can take the course for R credit for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation (10%), Response papers (30%) and final paper of no less than 18 pages for 2 units of credit and 26 pages for 3 units of credit (60%). (Cross-listed as POLISCI 321)
Last offered: Spring 2014
| Units: 2-3
LAW 694:
The Law of War
The course explores the international law regime governing war, including the law that regulates when states may resort to force and the constraints on the conduct of warfare itself. We will begin by considering when states may permissibly use force, and how changing security threats, including terrorism, the proliferation of weapons of mass destruction, and the commission of widespread humanitarian atrocities challenge and are reshaping the legal framework on recourse to force. We will then explore the rules governing the conduct of military operations, including the constraints on the means and methods of war, the rules governing the treatment of detainees, and the protections extended to civilians and noncombatants in armed conflict. A particular focus of the class will be the application of these rules in non-traditional, asymmetric conflicts between states and terrorist and other non-state groups. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements Used in Grading: Class participation, written assignments, research paper or final exam.
Last offered: Spring 2014
| Units: 3
LAW 695:
International Human Rights: Media and Education
This course will explore the role of media and communications in the human rights field, and in particular human rights education. The central focus of the course will be the development by the students of an online education program in international human rights law, which will be made available on the Stanford Law School Human Rights Center website. Students will research effective methods of communication and presentation, as well as the applicable law and will work in small groups to develop multimedia online education modules. Enrollment is by consent of the instructor, and some prior coursework or experience in international law is required. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Elements used in grading: Class participation and written assignments.
Last offered: Spring 2014
| Units: 2
LAW 696:
Computer Security and Privacy
This seminar surveys the legal environment for technology security and privacy. We will emphasize areas of law that are frequently invoked, hotly contested, or ripe for reform. Specific topics will include trespass offenses (CFAA and DMCA), consumer protection against deficient security, breach notification, privacy policies, communications safeguards (ECPA), and compelled disclosure to law enforcement and intelligence agencies (Title III and FISA). The material will draw upon high profile and challenging cases, including the prosecutions of Aaron Swartz and Bradley Manning, the contempt citation against Lavabit, and class actions against Apple, Facebook, and Google. Students will have the option of completing a series of short written assignments or one research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. A background in computer science is not required for this course. Writing (W) credit is for 3Ls only. Elements used in grading: Class Participation, Attendance, Written Assignments.
Last offered: Spring 2014
| Units: 2
LAW 697:
Comparative Law and Society
By the mid 20th century, the legal map of the world recognized four main traditions: civil law, common law, socialist, and Islamic law. In early 21st century, the main socialist countries have disappeared and globalization has produced a pronounced convergence between common law and civil law. We also became aware that comparative law has to compare more than law and has to include the social and political context of the law. The comparative method is important, but the substance to be compared has changed. This course introduces students to the main historical experiences of law using the comparative method and law and society materials. They will find a new way of looking at Roman, medieval, or 19th century law because its "monuments" are placed in social perspective. The method will be used to reconstruct the contemporary ideas of human rights and rule of law in the context of specific countries. Students will have two writing obligations: (1) brief reflective essays on assigned readings and (2) a research paper. Starting in session 2, students will prepare brief reflective essays on the required reading (or readings) for the session and submit them to the professors and other students 24 hours prior to the beginning of the session. Assigned readings will all be in English. Additional readings may be in other languages. For the research paper the student will, with professorial approval, choose a country and a topic and discuss the work in progress with the professors at least twice during the quarter. It should not exceed 5.000 words. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: The short essays or article presentations will be one leg of the students' evaluation (50%). The other leg will be the final research essay (50%). Writing (W) credit is for students entering prior to Autumn 2012.
Last offered: Autumn 2014
| Units: 2
LAW 698:
Education Law and Policy
This seminar will explore the current state of education law and policy, with an emphasis on legal environment for charter schools. Students will have an opportunity to discuss cutting edge issues in education reform with leaders and policy-makers from charter school operators, union leaders, researchers, and innovators. Special Instructions: Grades will be based on class participation and (1) weekly reflection papers of 3-5 pages each week for each of our speakers/topics or (2) a long research paper. Writing credit is for 3Ls only. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. The course is open to first-year Law School students. Writing (W) credit is for 3Ls only. Elements used in grading: Weekly Reflection Papers or Research Paper.
Last offered: Winter 2014
| Units: 3
LAW 699:
Arbitration in America
Transactional lawyers and litigation counsel alike will face arbitration as a significant option for resolving their clients' legal disputes. This course covers the development of alternative dispute resolution in the U.S., with an emphasis on arbitration under the Federal Arbitration Act (FAA). It describes how the federal and state governments have gradually come to accept and now favor the private settlement of commercial disputes based on consent of parties. It examines the many different contexts and industries in which arbitration is conducted, including government-mandated programs for labor disputes, systems established by specific industries such as the diamond trade and professional sports associations, the construction industry, and commercial disputes in general; more controversial is the use of arbitration for consumer, class action and employment disputes. This historic reversal of power over adjudication from government to the private sector has alleviated the delays and uncertainties of judicial litigation, and has created a huge and growing legal field of attorneys, arbitrators, and service providers fashioning and administering systems ranging in complexity from the most formal mega dispute with full discovery to the resolution of mini disputes through mechanically applied algorithms. Allowing private parties to agree on the law and procedures that govern their disputes has led, moreover, to numerous clashes of interests, including evasion of public policies established by legislation. How to deal with alleged violations of public policy, errors of law, erroneous findings of fact, unfair procedures, unequal negotiating power, and arbitrator bias are among the continuing and complex difficulties currently faced by courts and legislatures. The US Supreme Court's recent attempts to deal with several aspects of these difficulties will be considered. We will also examine the less heralded but highly significant use of mediation as a relatively speedy and inexpensive method for private dispute resolution, and the recent development of hybrid systems and other innovations. Elements used in grading: Class participation, attendance, written assignments and final exam.
Last offered: Winter 2015
| Units: 3
LAW 701:
SPILS Law and Society Seminar
This seminar is restricted to students who are in the SPILS program. The seminar deals with the relationship between legal systems and the societies in which they are embedded. The materials are drawn from studies of many different societies. Among the issues dealt with are: What influence does culture have on the operation of legal systems? What are the social forces which produce particular forms of law? What impact do legal interventions have on society and on human behavior? Elements used in grading: Exam. Enrollment is restricted to SPILS program students.
Terms: Aut
| Units: 3
LAW 703:
Corporate Governance and Practice Seminar
The seminar on corporate governance meets in the Autumn and Winter quarters and forms the core of the LL.M. Program in Corporate Governance & Practice. The course, designed to be taken in conjunction with Corporations in the fall, takes an economic approach to the analysis of corporate law. In particular, we ask why American corporation law has its particular structure. We will seek to understand how the separation of ownership and control produces agency costs, and the ways in which corporate law seeks to remedy these through techniques like disclosure, fiduciary duties and shareholder litigation, voting, and hostile takeovers. We will read and discuss ongoing debates among scholars and practitioners about the agency cost framework, the merits and limits of current legal policies, and the role of institutional arrangements like activist shareholders. We will also consider the relevance of these disputes, and the effectiveness of corporate law and governance more generally, in the context of a variety of real-life incidents, including the collapse of Enron and the 2008 financial crisis. No knowledge of economics is presupposed, so the course will also introduce basic economics and finance concepts necessary to understand these concepts. Some course sessions, largely in the Winter, will feature outside speakers who will complement the discussions with real-world examples drawn from practice. Attendance and active participation are important to the success of the seminar and an important factor in the overall grade. Students are expected to have carefully read and reviewed assigned materials in advance of each session. Students may be also asked to prepare brief presentations to help guide discussions. Students will be required to submit reflection papers (2 to 3 pages in length) that evaluate, critique, and discuss some or all of the key topics reviewed in the previous week's session. Elements used in grading: Class participation, attendance and assignments. This course is required for and limited to students in the Corporate Governance and Practice LL.M. Program.
Terms: Aut, Win
| Units: 2
| Repeatable
3 times
(up to 6 units total)
LAW 704:
Law, Science, and Technology Colloquium
The Law, Science & Technology Colloquium offers students in the Law, Science & Technology LLM Program the opportunity to discuss cutting-edge legal issues at the intersection of law and technology with leading experts in the field, including Stanford faculty, visiting scholars, technology and IP lawyers, entrepreneurs, and executives from Silicon Valley technology companies. During most class meetings, an invited guest lecturer will present research, a paper, or their experiences to the class on a specific topic related to law, science, and technology. Following these presentations, all students will participate with the lecturer in a class discussion based on assigned readings, the presentation, and students' own experience in the area. Attendance and preparation are vital to the success of the Colloquium and, accordingly, will constitute an important factor in the overall grade. Also, each student will individually write weekly commentary papers that evaluate, critique, and/or discuss key issues from the assigned reading. Elements used in grading: Class participation, attendance and weekly commentary papers. Satisfies the colloquium requirement for Law, Science, and Technology LLM (LST) candidates. Open to LLM students.
Terms: Aut, Win
| Units: 2
| Repeatable
2 times
(up to 4 units total)
LAW 705:
SPILS Masters Thesis
The writing of a work of original scholarship in the area of research that each student chooses is necessary requirement of the JSM degree. During the winter quarter students are expected to submit two draft chapters: 1) any chapter of the fellow's choice in early February; and 2) a draft of the empirical research result's chapter in early March. During the spring quarter students are expected to finalize their research project, and write and submit their final thesis. Towards that end, students must complete and submit a draft of the whole thesis in early April. The final version, revised in response to the adviser's comments, must be submitted by the end of the quarter. The exact dates will be informed in advance by the teaching fellow. Elements used in grading: Thesis. This course is exclusive to SPILS students. The thesis is required for JSM graduation.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
Instructors: ;
Cavallaro, J. (PI);
Friedman, L. (PI);
Gil McCawley, D. (PI);
Gordon, R. (PI);
Granick, J. (PI);
Grundfest, J. (PI);
Hensler, D. (PI);
Kessler, A. (PI);
Klausner, M. (PI);
Martinez, J. (PI);
Sinnar, S. (PI);
Sklansky, D. (PI);
Triantis, G. (PI);
Brown, G. (GP)
LAW 706:
Environmental Law and Policy Colloquium
The Environmental Law & Policy Colloquium offers LLM students the opportunity to discuss cutting-edge legal topics related to, among others, the environment, natural resources management, or energy policy. The colloquium meets in all three quarters. During the autumn quarter, students will engage in group policy discussions. During the winter quarter, a leading expert in the field - a faculty member, a lawyer, a public official, a member of an advocacy groups, or an entrepreneur - will present his or her research, a paper, or his or her experiences to the class on a specific topic. Following these presentations, all students will participate with the lecturer in a class discussion based on assigned readings, the presentation, and students' own experience in the area. During the spring quarter, the students will present their research papers focused on the solution of an environmental or energy issue. Attendance and active participation are important to the success of the seminar and an important factor in the overall grade. Students are expected to have carefully read and reviewed assigned materials in advance of each session. During the first quarter, students will work in teams and will have to submit memos in preparation for the policy discussion. During the second quarter, students will individually write weekly commentary papers to be submitted before the lecture evaluating, critiquing, and/or discussing key issues from the assigned reading(s). In the third quarter, students are expected to present their papers and comment on the other students' research. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. This course is required for and limited to students in the Environmental Law & Policy LL.M. Program.
Terms: Aut, Win, Spr
| Units: 2
| Repeatable
3 times
(up to 6 units total)
LAW 707:
SPILS Research Methods Workshop
This is a mandatory course for SPILS Fellows as part of the program's core curriculum. Its main goal is to offer students an interdisciplinary perspective about socio-legal research, and research tools for implementing their individual research projects. This Winter term workshop will complement the Research Design for Empirical Legal Studies Seminar taken in the Autumn by 1) expanding and elaborating on some of the methods analyzed during the seminar; and 2) assisting students in using such methods towards their individual research project. The workshop will consist of specialized sessions, most of them tailored towards the work of empirical research that occurs after the data collection phase. During the quarter the fellows are expected to submit drafts of different chapters of their thesis. If appropriate, the workshop may also include group and/or individual sessions designed to address the very specific needs of the research undertaken by the SPILS Fellows. Elements used in grading: Class participation, attendance and written assignments. Enrollment is restricted to SPILS fellows. The seminar is required for JSM graduation.
Terms: Win
| Units: 2
LAW 708:
Advanced Legal Writing for American Practice
This course orients advanced degree students and upper class JD students to a range of legal writing genres used by lawyers in practice in American law offices and before American courts. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis. The course presents students with realistic legal writing scenarios that they address in and out of class. Students perform legal research and analysis as they complete assignments designed to incorporate methods that American lawyers use to analyze typical legal problems while advocating on behalf of a hypothetical client in a litigation matter. Class Participation, Attendance, Written Assignments.
Terms: Win
| Units: 3
LAW 709:
Introduction to American Law
This course is designed to introduce international students in the Exchange and Advanced Degree Programs (LL.M. and SPILS) to the key principles of American law. The course provides an overview of distinctive features of the U.S. legal system, including its history, procedures and institutions. Topics include: Precedent role in the Common Law; the Branches of the U.S. Government and the Separation of Powers; Federalism; Due Process; and Equal Protection. The course is offered before the start of the regular Law School quarter. Special Instructions: Required for LL.M. but optional for the SPILS and Exchange Program students. Open to LL.M., SPILS and SLS Exchange Program students only. The class starts on August 31 and runs through September 18. Final exam will be scheduled on Friday, September 18. Elements used in grading: Class attendance, participation, short written assignment and final exam. LLM/SPILS students only.
Terms: Aut
| Units: 3
LAW 712:
Research Design for Empirical Legal Studies
Empirical legal studies have become popular in the U.S. and are now spreading to non-U.S. law faculties as well. Usually the term applies to analyses of quantitative data and the researcher relies on data collected by others. But the term "empirical" properly encompasses both qualitative and quantitative data, including interviews, legal documents, survey research and experimental results. Analysts interested in using such data need to understand how they were collected, in order to decide what data can appropriately be used to answer different kinds of questions. Often to answer the questions of interest, a researcher needs to collect new data, which poses challenging questions about how to design an empirical research study. Answering these questions appropriately is important to ensure publication in a peer-reviewed journal, which is becoming increasingly important to legal academia. This seminar will introduce students to the wide range of research methods that can be used to answer empirical questions, provide a framework for choosing among methods, and explain how to use the methods. The project for the quarter is to design an empirical research study on a topic of your choice. Special Instructions: JD students can take the class for 3-4 units. SPILS students must take this class for 4 units. Students taking the course for 4 units must attend the additional session on Thursday, which is optional for others. After the term begins, JD students accepted into the course can transfer from section (01) into section (02), which can potentially satisfy the R requirement, with consent of the instructor. Consent Application for JD students: To apply for this course, JD students must e-mail Robert MacCoun at maccoun@law.stanford.edu and Diego Gil McCawley at dgil@stanford.edu. This course is REQUIRED for all SPILS fellows and BY CONSENT for all other students. Elements used in grading: Class participation, attendance, written assignments and final paper.
Terms: Aut
| Units: 3-4
LAW 715A:
How to Ask a Question
Asking questions is at the core of the role of an attorney. Whether it is interviewing a potential new client, interrogating a witness in a deposition, or conducting a direct or cross examination at trial, knowing how to ask a question is an essential lawyering skill. We'll explore textual materials and real life case examples in transcripts, videotape, and cinema to determine the principals and best practices for questioning. We'll learn how to prepare for questioning, how to focus, narrow, and broaden an examination, how to obtain key admissions, how to deal with a difficult opponent, when to stop asking, and how to use what's been obtained in court or otherwise to win for your clients. This course will give you the skills and tools needed for the critical roles of understanding your clients and your cases and successfully representing their causes. There is no exam or paper. Class attendance is required. Grading will be based on attendance, preparation for class by reading and considering the assigned course material and participation in class. Shanin Specter is a founding partner of Klein & Specter, P.C., in Philadelphia, concentrating in catastrophic injury litigation. He has obtained more than 200 settlements or verdicts in excess of $1 million and is a member of the Inner Circle of Advocates, whose membership is limited to the top 100 plaintiffs' attorneys in the United States. Special Instructions: This class will meet on Friday the first three weeks of Autumn Quarter (September 25, October 2 and October 9). Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Class Participation, Attendance.
Terms: Aut
| Units: 1
LAW 715B:
Strategic Litigation for Racial Justice
Recent events in our country have dramatically highlighted the fact that we are not a post-racial society, and that structural racism and implicit bias are as harmful to people and institutions as intentional discrimination. Currently, plaintiffs can only show a violation of the Equal Protection Clause of the 14th Amendment - and several other antidiscrimination laws - by proving intentional discrimination. This seminar will examine this "intent standard" and its significant barriers to racial justice litigation. The course will review social science research, including studies on implicit bias, racial anxiety, stereotyping, and other concepts, to explore how contemporary discrimination manifests. We will address how legal advocates and the law can utilize such research to challenge and remedy discrimination through strategic litigation. We will examine real-world examples of this, including in the context of school discipline and the school-to-prison pipeline. Special Instructions: This class will meet on Friday the second three weeks of Autumn Quarter (October 16, October 23 & October 30). Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Written assignments (reflection papers) and class participation.
Terms: Aut
| Units: 1
LAW 715C:
Fundamentals of Structuring Private Equity Deals
This course will cover the essential elements of representing private equity funds, entrepreneurs, and senior management in venture capital, growth equity and leveraged buyout transactions. Emphasis will be placed on structuring equity arrangements that are characteristic of venture capital and other private equity transactions, understanding business and legal issues that commonly arise in negotiating investment and acquisition agreements, and tax planning. Basic financial and accounting principles will be discussed. Special Instructions: This class will meet on Friday the first three weeks of Spring Quarter (April 1, April 8 and April 15). Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Grading will be based on class participation and written assignments. Prerequisites: Corporations and Taxation 1.
Terms: Spr
| Units: 1
LAW 715D:
Digital Currency and Cybercrime
The way that we transact is ripe for disruption given the advent of digital currencies. How does and will the law treat this disruptive technology? This course will study digital currency and other alternative payment mechanisms. Interest in this topic has exploded in recent years, as Bitcoin and numerous brands of competitors have risen in value and are gaining increasing acceptance as payment devices. Proponents of Bitcoin herald it as a better payment mechanism: lower transaction costs, international, more secure, the opportunity to bank the "unbanked," and with a set protocol for increase in supply. However, there are also legitimate and serious concerns about their use, including the worry that the anonymous nature of digital currency facilitates illegal transactions and money laundering. These concerns have triggered a growing number of government actions. The course will cover topics such as the origin and function of Bitcoin; examine the legal and regulatory treatment of digital currencies; and review recent enforcement trends in the criminal arena. It is also anticipated that the course will take account of new developments in this rapidly evolving topic. If time allows, there would also be the possibility of prominent guest speakers or outside events in the community given SLS's proximity to Silicon Valley housing digital currency companies. This class will meet on Friday the first three weeks of Winter Quarter (January 8, January 15, and January 22). Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Class Participation, Attendance, Final Paper.
Terms: Win
| Units: 1
LAW 715E:
The European System of Human Rights Protection
This course deals with the European human rights system. The European Court of Human Rights (based in Strasbourg, France) is a success story in many respects. Founded after the Second World War the Court is the only guarantor and last instance for 47 countries from Russia to Switzerland. Since its' creation in 1950, it has delivered nearly 20,000 judgements. The 'living instrument' character of the European Convention has allowed the Court to generate expansive legal interpretations in a diverse array of cases, often on politically sensitive topics. This constant evolution has prompted the European human right system to mature over the years. Today, the Court faces important challenges, such as an increasing workload and government resistance, which this course will examine. The course will be divided into 3 parts: 1) Introduction to the European System and its institutions. The course begins with a general presentation of the Council of Europe, the European Court of Human Rights and the European Convention of Human Rights. It gives an overview of the values, structure and achievements of the Council of Europe; it presents the organization, structure and procedure of the European Court of Human Rights; it outlines the rights and freedoms guaranteed by the Convention and key concepts essential to the understanding of European Convention system. 2) A short overview of the most important cases. The course will introduce the students into the case law of European Court of Human Rights. Cases concerning the rights guaranteed by the Convention will be presented through the perspective of the "living Instrument" character of the Convention. The issue of extraterritoriality will be also examined. 3) In the last part, the course will examine the challenges that the European Court of Human Rights is being faced with. The course will look at the evolution of the Court's position when dealing with controversial topics, its' increasing case load and respective measures, the potential adhesion of the European Union, as well as challenges related to the execution of judgements by reluctant governments. This class will meet Friday, April 29, Saturday, April 30 and Sunday, May 1. Elements used in grading: Class Participation, Attendance, Final Paper.
Terms: Spr
| Units: 1
LAW 717:
Intermediary Liability
This course will focus on the liability of intermediaries such as Internet service providers, search engines, and web sites for content created or posted by others. Topics will include intellectual property, tort, and criminal liability. The course will cover international as well as U.S. liability. Students are expected to write and present a research paper during the course of the quarter. Special Instructions: For reasons of pedagogy, students on the waitlist for the course will be admitted if spots are available on the basis of priority, degree of study and class level. Elements used in grading: Class Participation, Attendance, Final Paper.
Terms: Win
| Units: 3
LAW 718:
Advanced Legal Writing: Appellate Litigation
This course will improve one's writing skills and develop the habits needed to become an effective and powerful legal writer. We will study advanced grammar and usage, typography, pronunciations, classical rhetoric, drafting and editing, and examples of great legal writing. The class will emphasize appellate litigation and appellate brief writing, and should be useful to students seeking appellate-court clerkships at any level. Grading will be based on a final exam and an appellate brief that the student will write. Elements used in grading: Attendance, Final Paper, Final Exam.
Terms: Spr
| Units: 3
LAW 719:
Legal Design Lab: Consumer Contracts
A persistent and central challenge in consumer contracts remains the fact that consumers enter into contracts without reading or being otherwise aware of the terms to which they are agreeing. This problem is exacerbated in the current world of increasingly smart, small and interconnected devices, where it has become even more difficult and annoying for consumers to read the terms and conditions before downloading software, using a new piece of hardware, or accessing a new web service. Moreover, consumer relationships over the internet often require individuals to disclose and relinquish control over personal data (about health, finances, and location), making the problem of informed consent even more consequential. It has become increasingly clear that simply mandating more textual disclosure is not a solution, particularly in a world where individuals struggle to sift, sort and process the vast amounts of information now available at low or zero cost. This presents a challenge that we address in this legal design lab: how can we present the complex and important information in a contract to lay people, so that they engage with it, comprehend and act on it in their own best interests? In this class, students will tackle this consumer-contract design challenge. In the first half of the course, they will study and discuss principles of contract design, theories of consumer consent, communication design, privacy scholarship, and behavioral economics to understand the dynamics of how lay people interact with legal text and choices, particularly in digital environments. In the second half, they will work in teams to address a specific design challenge, engage knowledgeable experts from industry and generate new strategies and interfaces. They will engage in a design process beginning with discovery, to prototype, to testing their designs of consumer-facing contracts. Elements used in grading: The course grade will be based on the instructors' evaluation of: 1) individual responses to short-answer assignments based on the class readings, 2) class and team participation 3) the contract design, report and end-of-quarter presentation. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 2
LAW 720:
The Business of Intellectual Property: When Patents, Technology, Competition and Finance Converge
From President Obama deriding patent trolls in a State of the Union address to the smart phone patent wars regularly making headlines in mainstream press, patents are no longer a topic relegated to engineers, scientists and patent attorneys. Now a critical area for the C-suite, board rooms, trading floor, political arenas and beyond, today's debate encompasses a range of complex topics, including the role of patents in promoting innovation, protecting market share and shaping technology; how patents can drive strategic and competitive advantage; proper valuation of assets; patent assertion entities that arose to take advantage of inefficiencies in the system; and what a balanced patent system requires. As a framework for our class discussion of these topics, we will examine the market, legal and competitive forces that drove five major tech companies (Apple, Blackberry, Ericsson, Microsoft and Sony) to form a consortium called Rockstar to buy for $4.5B the the bankrupt technology giant Nortel Networks' massive patent portfolio. Their move kept the patents out of the hands of another bidding consortium (Google and Intel), and Google's response to the loss included an acquisition of Motorola and its extensive patent portfolio for $12B. We will then follow Rockstar's ensuing licensing campaign that led to eight patent lawsuits and nearly 30 patent validity challenges involving major competitors. With dozens of additional offensive and defensive actions looming, industry observers predicted Armageddon as corporate relations continued to fray. Instead, a groundbreaking resolution was brokered that all sides considered a success. In what is recognized as the industry's most complex and innovative intellectual property deal, RPX, a public company focused on reducing patent risk, brought together a cross-industry syndicate of over 40 US and foreign licensee participants, including Google and Cisco, to purchase from Rockstar for $900M its remaining patent assets, resulting in a dismissal of all actions and a wind down of Rockstar forever. This case study will be the basis of an interdisciplinary look at how patents, technology, competition and finance converge in the real world, including corporate, marketplace, policy and regulatory dynamics. Instruction: The class will be led by instructors Mark Chandler and Mallun Yen who will provide a unique insiders' view of the transaction and overall patent ecosystem as it intersects with business, technology and competition. Guest speakers, including senior executives who were involved at each stage of the transaction, will provide even greater visibility into real-world dynamics and the players' intrinsic and extrinsic motivations. Additional guest speakers who are the foremost experts in their fields will drop in to discuss how similar challenges play out in their disciplines, including the nuclear arms race, providing further opportunity to deepen understanding as we explore ways in which the patent system might evolve to better address modern technology and business needs. Subject Matter Covered: Students will gain practical insights into how patent, business, competitive, and marketplace dynamics interplay in the real world, as well as participate in deal structuring, consortium-building, and valuation exercises. No technical or legal background is required. Class Format: The expected class format will include a focused substantive discussion followed by either a senior executive guest speaker or a class exercise. Special Instructions: This class is limited to 25 students, with an effort made to have students from SLS (15 students will be selected by lottery) and students from the Graduate School of Business and the School of Engineering (10 students). Non-Law students may apply for this class by submitting a Non-Law Student Add Request Form available at http://www.law.stanford.edu/organizations/offices/office-of-the-registrar/registration/non-law-students. Elements used in grading: Class Participation, Written Coursework & Attendance.
Terms: Spr
| Units: 3
LAW 721:
Private Equity Investing: Quantitative Skills Seminar
This course has been created to supplement Law 522, Private Equity Investing. The focus will be on the quantitative aspects of private equity investing. The primary pedagogical objective is to have students learn the skills required to do financial analysis and spreadsheet modeling. Students will develop a thorough understanding of "the time value of money" and the concepts of present value, internal rates of return, and the discounting of cash flows and annuity streams. The key principles of entrepreneurial finance and deal arithmetic will be presented, including the implied valuation of an investment, blended returns, the math of multitiered capital structures, contingent claims analysis, DCF valuation techniques, investment fund economics, option mechanics and variable pricing mechanisms. Mastery of these fundamentals will allow students to develop and strengthen their ability to prepare forecasts, craft deal structures and run the numbers on real world transactions. Special Instructions: In order to enroll in PEI: Quantitative Skills students must concurrently enroll in Private Equity Investing (LAW 522). In other words, no student may enroll in either Law 522 or Law 721 without also enrolling in the other. Students accepted to enroll in Private Equity Investing (for which a Consent Application Form is required) will automatically be able to enroll in LAW 721. Law 721 will be graded on a Mandatory Pass/Restricted Credit/Fail (MP/R/F) basis. Elements used in grading: class attendance, participation and written assignments.
Terms: Win
| Units: 1
LAW 722:
Contracts: American Law
This course will provide advanced-degree students with coverage of Contracts law comparable to the fall course offered for first-year JD students. The course will identify the scope and purpose of the legal protection accorded to interests predicated on contract. We will focus on problems of contract formation, enforceability, interpretation, performance and excuses for non-performance, and remedies for breach. The course will cover both the U.S. common law of contracts and the basics of UCC Article 2 (sales of goods). We will spend considerable time discussing contract law from a law and economics perspective. Not open to JD students. Open only to students in the SLS Advanced Degree Programs. Elements used in grading: Class Participation, Attendance, Final Exam.
Terms: Spr
| Units: 4
LAW 724:
Ethics On the Edge: Business, Non-Profit Organizations, Government, and Individuals
The objective of the course is to explore the increasing ethical challenges in a world in which technology, global risks, and societal developments are accelerating faster than our understanding can keep pace. We will unravel the factors contributing to the seemingly pervasive failure of ethics today among organizations and leaders across all sectors: business, government, and non-profit. A framework for ethical decision-making underpins the course. The relationship between ethics and culture, global risks (poverty, cyber-terrorism, climate change...), leadership, and the law and policy will inform discussion. Prominent guest speakers will attend certain sessions interactively. A broad range of international case studies might include: Ebola; Facebook's mood manipulation research; anonymous social media; Google's European "right to be forgotten"; driverless cars; Space X (Elon Musk's voyages to Mars); ISIS' interaction with international NGOs; sexual assault on US University campuses and in the US military; the ethics of corporate social responsibility (through companies such as Loreal, Whole Foods and Wal-mart); European migration; Human Rights Watch's questions of consent; corporate and financial sector scandals. Final project in lieu of exam on a topic of student's choice. Attendance required. Class participation important (with multiple opportunities beyond speaking in class). Strong emphasis on critical thinking and testing ideas in real world contexts. There will be a limited number of openings above the set enrollment limit of 40 students. If the enrollment limit is reached, students wishing to take the course should contact Dr. Susan Liautaud at susanl1@stanford.edu. The course offers credit toward Ethics in Society, Public Policy core requirements (if taken in combination with Public Policy 103F), and Science, Technology, and Society and satisfies the Ways of Thinking requirement. The course is open to undergraduate and graduate students. Undergraduates will not be at a disadvantage. NOTE: This course does not meet the SLS Ethics requirement. Elements used in grading: Class Participation, Attendance, Written Assignments, and Final Paper. Cross-listed with Ethics in Society (ETHICSOC 234R), Public Policy (PUBLPOL 134, PUBLPOL 234).
Terms: Spr
| Units: 2
LAW 726:
Negotiation on the Ground: Discussions at the Intersection of Theory and Practice
We can read any number of books about negotiation, but how do the concepts and principles play out in the real world? This dinner colloquium will meet with distinguished negotiators working in a variety of fields to reflect on and draw lessons from their deep and diverse experience. Guests for last year spoke on: studio and talent perspectives in entertainment negotiations, business and legal perspectives in biotechnology companies, public/private policy negotiations in natural resource management, criminal justice, and California health policy. Pre-Requisite: Negotiation Seminar or substantial equivalent. Schedule: Wednesday, 5:30-8:00pm. There will be five presentation/dinner discussion sessions during the Winter Quarter, of which students are required to attend four. Elements used in grading: Class participation, reading, preparation and submission of questions for discussion, and attendance.
Terms: Win
| Units: 1
LAW 727:
Health Law: Quality and Safety of Care
Concerns about the quality of health care, along with concerns about its cost and accessibility, are the focal points of American health policy. This course will consider how legislators, courts, and professional groups attempt to safeguard the quality and safety of the health care patients receive. The course approaches "regulation" in a broad sense. We will cover regimes for determining who may deliver health care services (e.g. licensing and accreditation agencies), legal and ethical obligations providers owe to patients (e.g. confidentiality, informed consent), individual and institutional liability for substandard care, and various proposals for reforming the medical malpractice system. We will also discuss the Patient Protection and Affordable Care Act (aka, "Obamacare"), which is launching many new initiatives aimed at assuring or improving health care quality. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Exam or Final Paper. (Cross-listed with School of Medicine - MED 209)
Last offered: Spring 2015
| Units: 3
LAW 728:
Stolen Art
Public fascination with stolen art is evident from its almost daily coverage in the media, including the New York Times, the Wall Street Journal, the Art Newspaper, the Art Crime Journal, and numerous online sources. What is less evident is the extent to which apparently disparate art, cultural heritage and law topics share a significant stolen art interest. The course will deal with five currently lively stolen art topics: Imperialism; the Holocaust; Indigenous Art; Collectors and Museums; and the Illicit Trade in Antiquities. Law students and graduate students in other fields at Stanford (Art History, Anthropology, Archaeology, Classics, and others) will be eligible to take the course. Grades will be based on research papers (up to five students may write research papers) or final examinations. Special Instructions: Students have the option to write a research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Final Exam or Final Research Paper.
Last offered: Spring 2015
| Units: 2
LAW 729:
Legal Informatics
The legal system is undergoing rapid change due to - among other forces - expanding use of information technology in legal services as well as globalization of the legal industry. This class offers an overview of how technology is used in legal today's legal practice and how it will be changing the landscape of the legal profession and the law more broadly in the foreseeable future. Through this class students gain an understanding of the unique challenges and opportunities the legal system and the legal industry are facing and learn about innovative new systems seeking to address them. Students will be introduced to technologies that are commonly used for legal research, as well matter management and client management by law firms as well as in-house departments. Students will also be familiarized with the next generation of innovative systems and platforms that challenge the way law has been practiced to date, but also promise to increase the efficiency of our legal system. The class modules include: (i) Legal Document Management (including electronic legal research, e-discovery, specialized legal databases), (ii) Legal Infrastructure (including: case management, legal lead generation, managing the firms legal business process and legal process outsourcing), and (iii) Computational Law (including: legal expert systems, computable contracts, and unauthorized practice of law issues). Expert guest-speakers from academia and industry will provide for a diverse and interdisciplinary experience. Successful legal technology entrepreneurs and thought leaders in the legal technology space will provide a practical angle to the discussion. Special Instructions: Grades will be based on class participation including class preparation (25% of grade) and one of the following two options: Option 1 (section 01): Legal Technology Project (individual or group). Students will be presented with a series of research problems posed by industry partners of CodeX - The Stanford Center for Legal Informatics (http://codex.stanford.edu). Students can select a project and, individually or as part of a team, address the posed problem in form of a written report or by preparing a technical demonstration project/prototype that aims to solve the problem posed by the industry partner (75% of grade); or Option 2 (section 02): independent research paper (75% of grade). Students shall write an independent research paper on a legal informatics topic. You are invited to propose a topic and a working title and to discuss your topic ideas with us. The topic and the working title of the research paper must be approved by the instructors, before you start your detailed research. Independent research papers require by definition that students include other research materials besides the introductory and advanced readings for class. Students electing option 2 will receive Research (R) credit. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the length of the research paper. If you wish to earn 2 units, the research paper shall be at least 18 pages in length (double-spaced, 12-point font size, 1-inch margins). If you wish to earn 3 units, the research paper shall be at least 26 pages in length (double-spaced, 12-point font size, 1-inch margins). Each student can choose one of the above two options, whichever he/she prefers. After the term begins, students electing option 2 can transfer from section (01) into section (02), with consent of the instructor. There are no prerequisites for this class. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Cross-listed with Computer Science (CS 204).
Terms: Spr
| Units: 2-3
LAW 730:
Advanced Legal Writing: Technology Transactions
This course covers the foundations of drafting contracts in a modern commercial setting, primarily through weekly hands-on writing exercises that illustrate business problems commonly found in today's technology transactions law practice. Topics to be addressed will include basic contract anatomy, common clause ambiguities, structuring for readable "flow", and drafting-for-negotiation techniques. Final examination will involve crafting a full-length technology license agreement from a rough term sheet that appears to have been pecked out on some sort of mobile device. No prior business law coursework, intellectual property background, or martial arts proficiency required. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Exam.
Terms: Spr
| Units: 3
LAW 731:
Current Issues in Network Neutrality
Do we need network neutrality rules and, if yes, what should they be? After more than ten years, this question is still hotly debated around the world. Network neutrality rules allow users to decide how they want to use the Internet without interference from Internet service providers. After a long, public fight that mobilized more than 4 million people in the US, the Federal Communications Commission adopted strong net neutrality rules in February 2015. But the debate over net neutrality is far from over. The FCC's net neutrality rules are under attack in Congress and in Court. At the same time, Internet service providers like Comcast, AT&T, Verizon, or T-Mobile are pushing the boundaries of the FCC's rules by exempting select applications from users' data caps -- a practice known as "zero-rating" --, by degrading quality or requesting fees when data enters their networks, or by trying to evade the FCC's rules in other ways. At the same time, Facebook and Wikipedia are arguing that exceptions from net neutrality rules are necessary in developing countries to bring the next billion people online. In all of these cases, policy makers need to decide what the right policy should be. Through a mix of lectures, class discussions, and guest speakers, this seminar provides an introduction to net neutrality and explores some of the net neutrality issues that policy makers around the world are currently grappling with. Students are expected to attend all sessions of the class and participate in the class discussion. The class is open to law students and students from other parts of the university. Students don't need to have any technical background to participate in the class; any necessary background will be taught in class. Elements used in grading: Short written assignments, class participation, attendance. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 2
LAW 733:
Topics in American Legal Practice
This course is designed to introduce international students to American legal practice. To do this, the course begins in the spring quarter by working with students to look ahead to their summer experience and begin to identify ways in which the culture or norms of the practice setting might be distinctive, or otherwise differ from the legal, political, or workplace culture of their home country. Then in the fall quarter, students are asked to write a 10-page paper, situated in the relevant literature(s), that uses the summer experience to examine one such set of issues. Elements used in grading: Final Paper.
Terms: Aut, Spr
| Units: 1
LAW 734:
Introduction to Antidiscrimination Law
This course will focus on the statutory legal rules (primarily federal) governing discrimination on the basis of race, national origin, sex, disability, and other protected classifications. With a rotation of instructors including and beyond Ford and Anderson, the course will include modules regarding: employment discrimination (including sexual harassment), fair housing law, voting rights, and disability law. Note: The course will be designed to minimize overlap with Ford's Employment Discrimination course, and thus students are welcome to take both. Elements used in grading: Class Participation, Attendance, Final Exam.
Terms: Aut
| Units: 3
LAW 735:
Cities in Distress
In 2013, the City Detroit became the 28th city to declare municipal bankruptcy or to enter a receivership for fiscal crisis since late 2008, a window of time that has seen five of the six largest municipal bankruptcies in American history. This course will focus on these cities and the legal tools available to facilitate their restructuring and recovery. Subjects will include: (1) the basics of local finance; (2) an introduction to the primary causes of local fiscal distress; and (3) tools for state and federal governance of city finances and financial distress (including audits and other oversight mechanisms, state regulation, municipal bankruptcy, and state receiverships). The course will feature readings focused on law and cities across the country, including in California, Pennsylvania, Michigan, and North Carolina. A special unit in the course will focus squarely on the city of Detroit's bankruptcy. Grades will be based on class participation and (1) weekly reflection papers of 3-5 pages each week for each of our speakers/topics or (2) a long research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements Used in Grading: Class Participation, Attendance, Written Assignments, Final Paper.
Last offered: Autumn 2014
| Units: 2-3
LAW 736:
Comparative Venture Capital - China
This course is taught in conjunction with Law 736A. Students may enroll for this course alone or for both this course and Law 736A. Law 736 is intended to introduce students to the legal and financial principles underlying venture capital investment in start-up enterprises and innovative technologies. A special emphasis of this course will be a comparative analysis of the ways in which the various legal and financial structures employed by venture capitalists are replicated in other legal environments, with a focus on the largest venture capital and IPO market in the world - China. The first eight weeks of the course will coincide with the first eight weeks of Winter Quarter, and will be conducted at Stanford Law School. Class sessions will be comprised of lectures regarding the basic concepts and structures, as well as seminar discussions with venture capital industry participants. Elements used in grading: Final exam, attendance and class participation. Special Instructions: Enrollment in the Beijing option is limited to 12 students (See Law 736A for application instructions and deadline).
Terms: Win
| Units: 2
LAW 736A:
Comparative Venture Capital - China: Field Study
This is the Stanford Center at Peking University in Beijing component of Comparative Venture Capital - China (Law 736). For details, see course description for Law 736. During spring break 2016, the course will be held at the Stanford Center at Peking University in Beijing, and will consist of meetings and seminars with lawyers, entrepreneurs, and venture capitalists active in the Chinese venture capital market. Students will also tour start-up enterprises made possible with venture investments. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and a visa to travel to Beijing. Elements used in grading: class participation and short writing assignments. APPLICATION: To apply for this course, students must complete and e-mail the Application Form available on the SLS Registrar's Office website (see Registration) to the SLS Registrar's Office. See Application Form for submission deadline.
Terms: Win
| Units: 1
LAW 738:
American Constitutional History from the Civil War to the War on Poverty
This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with History (HISTORY 155).
Terms: Spr
| Units: 3
LAW 739:
International Deals: The Economic Structure of Business Transactions
This course applies economic theory to the practice of structuring contracts. In the first part of the course, we read economics articles and case studies, focusing on problems of imperfect information. In the second part, we explore the connection between economic theory and contracting practice by dividing into groups to study a current deal. Groups examine a deal in detail and make a presentation to the class. We then hear from the lawyer or principal who worked on that deal. When it works, the students' and the practitioners' analyses are complimentary and enlightening. This year, we will focus on deals with an international component. In the past, we have examined cross-border joint ventures, movie and television financings, biotech alliances, venture capital financings, private equity investments, and architectural services. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Exam. Prerequisite: Corporations. If necessary, Corporations can be taken concurrently.
Last offered: Autumn 2014
| Units: 4
LAW 740:
Guns, Drugs, Prisons, and Other Empirical Debates in Law and Policy
Empirical debates are often crucial to decisions by judges and policymakers. This course will focus on some of these debates with the goal of both informing students on the substantive issues and helping them to develop the ability to understand and evaluate empirical studies by reading major studies on the issues of guns, drugs, prisons and a variety of other hotly contested empirical issues in law and policy. Although we will be reading actual statistical/econometric studies, there is no pre-requisite for the class since it is not a hard-core quantitative empirical methods class, but rather is designed to develop the ability to be a thoughtful consumer of empirical research. The goal is to provide information that judges, litigators, policymakers, and informed citizens would find useful in understanding the strengths and weaknesses of empirical evidence. The final in-class exam will involve a critique of an actual empirical paper. One page comment papers will be written for each class. Depending on the size of the class, we may also have student presentations of certain papers.
Last offered: Autumn 2014
| Units: 2
LAW 741:
Introduction to Law and Economics
This course will introduce students to the "law and economics" way of thinking about the legal system. It is designed primarily for students who have little or no prior training in economics and who are unlikely to take more advanced courses in the field (such as the 3 unit Law 528, "Economic Analysis of Law"). This class will meet for six 1.5 hour sessions during the first part of the quarter. We will focus on the core bodies of law taught to first-year law students: tort law, contract law, property law, criminal law, and civil procedure. For each of these bodies of law, the economic approach will be described in non-technical terms and then this approach will be used to examine a key case or key issue within that body of law. First-year law students are especially welcome in this course. There are no prerequisites to take this course. Elements used in grading: Five short take-home exercises (graded on a mandatory pass-fail basis).
Terms: Win
| Units: 1
LAW 742:
Federalism
This course is an overview of legal and policy issues connected to federalism. We will examine a set of core theoretical questions - the values federalism serves; the relationship of federalism and individual and minority rights; and the role of judges in enforcing federalism through judicial review - across a wide range of contemporary legal debates (e.g., same-sex marriage, health care, immigration, voting rights). While much of the seminar will focus on the United States, we will also consider federalism in comparative context by examining the constitutions and legal doctrines of other regimes. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Written Assignments or Research Paper.
Terms: Win
| Units: 3
LAW 743:
Advanced Legal Writing for American Courts
This course orients LLM, advanced degree students, and JD students to a range of legal writing genres used by lawyers in practice before American courts and by courts in their decision making. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis. The course presents students with realistic legal writing scenarios that they address in and out of class. Students perform legal research and prepare an analytical memorandum advising a hypothetical judge and write a short letter brief. These assignments are designed to help students adapt their writing skills by incorporating methods that American lawyers use to analyze typical legal problems and to advocate on behalf of their clients and that American judges use to evaluate the cases before them. Elements used in grading: Class Participation, Attendance, Written Assignments.
Last offered: Spring 2015
| Units: 3
LAW 744:
Moral Minds
Recent psychological advances in our understanding of the cognitive and social origins of morality cast a new light on age-old questions about ethics, such as: How did our moral sense evolve in our species? How does it develop over our lifetime? How much does our culture, religion, or politics determine our moral values? What is the role of intuition and emotion in moral judgment? How "logical" is moral judgment? How do other people's moral choices affect us? Does character matter or is behavior entirely dictated by the situations we find ourselves in? If it is purely situational, are we morally responsible for anything? How far will we go to convince ourselves that we are good and moral? We will review empirical answers to these questions suggested by behavioral research, and explore their implications for ethics. Open to all graduate students, including advanced degree candidates at the professional schools (law, business, medicine, computer science, education, etc.). Enrollment limited to 16 by consent of instructors. Elements used in grading: Class Participation, Attendance, Readings. CONSENT APPLICATION: Students enrolled in the course will be selected through an application process. The application can be found at http://web.stanford.edu/~arnewman/MoralMinds.fb, and is due at 11:59 p.m. on November 14, 2014. Cross-listed with Ethics in Society (ETHICSOC 304) and Psychology (PSYCH 264).
Last offered: Winter 2015
| Units: 2
LAW 745:
Intellectual Property: International and Comparative Copyright
Music, motion pictures, books and computer programs are protected instantly upon their creation and without further ado under the copyright laws of 180+ countries. Few copyright licenses today fail to reach across borders, and copyright litigation increasingly calls for a general understanding of foreign law. One great challenge for lawyers is to determine who owns the rights to these works across countries with differing legal systems. Another challenge is to determine what rights and remedies attach to these works, and what exceptions to rights apply, across countries that assign different policy weights to the interests of creators and users. This course will focus on the counselling considerations that surround the exploitation of foreign and domestic copyrighted works, respectively, in US and foreign markets through licensing, litigation, or both. The course will survey the principal legal systems and international treaty arrangements for the protection of copyrighted works as well as questions of jurisdiction, territoriality, national treatment, and choice of law. There will be no exam in the course, but rather four problem sets that will be discussed in separate class sessions. Students may select which three of the problem sets they wish to have graded. Elements used in grading: In-class problem sets.
Terms: Win
| Units: 3
LAW 746:
Climate Change Policy: Economic, Legal, and Political Analysis
This course will advance students' understanding of economic, legal, and political approaches to avoiding or managing the problem of global climate change. Beyond focusing on economic issues and legal constraints, it will address the political economy of various emissions-reduction strategies. The course will consider policy efforts at the local, national, and international levels. Theoretical contributions as well as empirical analyses will be considered. Specific topics include: interactions among overlapping climate policies and between new policies and pre-existing legal or regulatory frameworks; the role that jurisdictional or geographic scale can play in influencing the performance of climate policy approaches; and numerical modeling and statistical analyses of climate change policies. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Economics (ECON 159).
Last offered: Spring 2015
| Units: 4
LAW 747:
Law, Slavery and Race
This course will explore the interaction of law, slavery and race in the United States, as well as from a comparative perspective. We will read original documents, including excerpts of trial transcripts, appellate opinions, treatises, codes, and first-person narratives. We will study the way law, politics and culture interacted to shape the institution of slavery and the development of modern conceptions of race. Course lectures and discussions will focus on questions such as: Did different legal regimes (Spanish, French, British) foster different systems of race and slavery in the Americas? How did/does law work "on the ground" to shape the production of racial hierarchy and creation of racial identities? In what ways did slavery influence the U.S. Constitution? How has race shaped citizenship in the U.S., and how can we compare it to other constitutional regimes? The course will begin with the origins of New World slavery, race and racism, and move chronologically to the present day. All students will be required to read and to participate in classroom discussion (obviously, attendance is required). Students will prepare two questions for discussion for 12 out of 20 class meetings; participation and discussion questions together will count for 25% of the grade. For students taking the exam, there will be a one-day take-home essay exam. Alternatively, students may write a final paper based on original research, of approximately 26 pages in length. A prospectus and rough draft will be required, for 5% and 10% of the grade respectively. The final exam or paper will be worth 75% of the grade (including the prospectus and rough draft). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper or Final Exam. Cross-listed with African & African American Studies (AFRICAAM 254D), Comparative Studies in Race & Ethnicity (CSRE 154D) and History (HISTORY 254D) & (HISTORY 354).
Last offered: Winter 2015
| Units: 3
LAW 748:
Comparative Class Actions
Although many lawyers regard the class action as a quintessential U.S. procedure, more than two dozen countries in North and South America, Northern, Central and Western Europe, Australia, Asia, Africa and the Mid-East have adopted some form of modern representative class action, and the number of jurisdictions with class actions is continuing to increase. Although the U.S. Supreme Court has steadily narrowed the scope for U.S. class actions, other jurisdictions see the procedure as appropriate for resolving securities, antitrust, consumer and personal injury claims. Some jurisdictions have invited business to resolve trans-national claims against them in their own domestic courts, and plaintiff attorneys who cannot obtain class certification in U.S. courts coordinate non-class mass actions with class action attorneys outside the U.S. Stanford is collaborating with the University of Windsor (Ontario) and Tilburg University (the Netherlands) law schools to offer a 1-credit seminar on these developments. Using a combination of synchronous and a-synchronous on-line communication, faculty and students at the 3 law schools will describe and analyze differences and similarities among the 3 countries (quite different) class action regimes. The class will meet weekly (sometimes separately by school and sometimes with faculty and students from the 3 schools together virtually) and SLS students will work with students at the other 2 institutions to research issues that cut across all three jurisdictions. This is a great opportunity to discover how lawyers in non-U.S. jurisdictions think about problems that arise trans-nationally, and some of the student you encounter in the seminar may be the practitioners you will litigate besides or against in future global litigation. Elements used in grading: Class Participation, Attendance, Written Assignments. CONSENT APPLICATION: Students interested this course should contact Professor Hensler directly via email at dhensler@stanford.edu.
Last offered: Autumn 2014
| Units: 1
LAW 749:
Global Litigation
A securities class action is resolved in the NJ federal court for US investors and in the Amsterdam Court of Appeals for all other investors world-wide. Apple sues Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. Merck is sued for injuries arising from its prescription drug, Vioxx, in the U.S., Canada and Australia, and the Australian lawyers are directed to challenge an otherwise unproblematic judicial ruling because of its possible impact on the U.S. litigation; meanwhile class certification is denied in the U.S. but granted in Canada. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. Lawyers who received a $9 billion judgment from Ecuadorian courts against Chevron for environmental damage fight to enforce it in courts in Argentina, Brazil and Canada while Chevron's lawyers file a RICO suit against the plaintiff lawyer in the federal court for the N.Y.S.D. With the globalization of the economy we are seeing the globalization of litigation and the emergence of a new class of "global lawyers" who advise clients on litigation risks and opportunities in jurisdictions with different substantive law, procedural rules and legal and judicial cultures. This seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and meet some of the lawyers who are creating a new virtual international court system for the resolution of global disputes. Special Instructions: Students in this course may if they wish also register for a 1-credit course on comparative class actions (Law 748), which will be taught collaboratively with faculty and students in U. Windsor (Ontario) and Tilburg University (the Netherlands). Elements used in grading: Class Participation, Attendance, Final Paper.
Last offered: Autumn 2014
| Units: 3
LAW 750:
Topics in Complex Litigation
This course is an introduction to complex litigation and institutional design in the contemporary American legal system including the general move away from regulation and toward litigation in recent decades, the legal and policy implications of that trend, and contemporary efforts to retrench or remake the system.
Last offered: Spring 2014
| Units: 1
LAW 751:
Just and Unjust Wars
War is violent, but also a means by which political communities pursue collective interests. When, in light of these features, is the recourse to armed force justified? Pacifists argue that because war is so violent it is never justified, and that there is no such thing as a just war. Realists, in contrast, argue that war is simply a fact of life and not a proper subject for moral judgment, any more than we would judge an attack by a pack of wolves in moral terms. In between is just war theory, which claims that some wars, but not all, are morally justified. We will explore these theories, and will consider how just war theory comports with international law rules governing recourse to force. We will also explore justice in war, that is, the moral and legal rules governing the conduct of war, such as the requirement to avoid targeting non-combatants. Finally, we will consider how war should be terminated; what should be the nature of justified peace? We will critically evaluate the application of just war theory in the context of contemporary security problems, including: (1) transnational conflicts between states and nonstate groups and the so-called "war on terrorism"; (2) civil wars; (3) demands for military intervention to halt humanitarian atrocities taking place in another state. Enrollment will be limited to 20 students -- 10 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Ethics in Society (ETHICSOC 205R), (ETHICSOC 305R) & Philosophy (PHIL 205R), (PHIL 305R).
Last offered: Winter 2015
| Units: 2
LAW 752:
International Criminal Justice
The establishment of a global system of international justice reveals that the promises made during the Nuremberg era are not mere history. Over the past decade, the international community has undertaken a considerable investment in enforcing international criminal law in conflict and post-conflict situations with the establishment of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, East Timor, Cambodia, and Lebanon. As these ad hoc institutions wind down, the International Criminal Court (ICC) has become fully functional, although it is plagued by challenges to its legitimacy, erratic state cooperation, and persistent perceptions of inefficacy and inefficiency. Moreover, the global commitment to international justice remains inconsistent as calls for criminal accountability for the situations in Sri Lanka, South Sudan, and Syria-among others-go unanswered. This intensive mini-course in the new September Term will introduce students to the law, institutions, and actors that constitute the system of international criminal justice and to the political environment in which it operates. The classroom component (offered at Stanford during the first week of the course) will offer an elemental analysis of international crimes as they have evolved in international law and focus on the challenges of interpreting these norms in a criminal prosecution. Jurisprudence from the various international tribunals will be scrutinized with an emphasis on understanding the prosecution's burden, available defenses, and sources of proof. The course will culminate in a visit to The Hague in the second week of the course, during which time students will meet with principals from the tribunals, including prosecutors, judges, administrators, and members of the defense bar. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning, law-making, and institutional design. It will complement existing courses at the Law School covering comparative law, international organizations, international human rights, and public international law. Elements used in grading: The course grade will be based on a series of short papers and active in-class engagement with the assigned materials. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Last offered: Autumn 2014
| Units: 2
LAW 753:
Intellectual Property: Patent and Technology Licensing
This course covers the fundamentals of the law and practice of licensing of patents and technology. Licensing is the principal means by which rights in patents and technology are shared, exploited and monetized. It is fundamental to business models throughout the technology industry and beyond, including in software, mobile, consumer devices, semiconductors and pharmaceuticals. We cover (1) the business drivers and models for licensing patents and technology, (2) the core concepts and current trends of licensing law (both Federal Circuit and Supreme Court), and (3) key issues in structuring, drafting and negotiating patent and technology licenses. We will emphasize the practical aspects of licensing patents and technology, and licensing in its broader context in relation to corporate, litigation, intellectual property and antitrust practices. Elements used in grading: Class Participation, Final Exam.
Terms: Spr
| Units: 3
LAW 754:
Current Issues in Corporate Governance
Corporate governance has become a constant fixture of the legal and policy debates of our time. It not only figured prominently in the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act of 2010, the sweeping regulatory reforms of the last decade, but its reach has been far broader at both domestic and international levels. For a vast array of economic and social problems - from economic growth and systemic risk to rising inequality - improved corporate governance surfaced as a favored policy response. This seminar explores the central debates in this area with respect to issues such as board independence, shareholder voting and the role of proxy advisors, institutional investor activism, executive compensation, the question of short-termism, and board diversity. We will read works from the legal and economic literature and focus on current controversies. Special Instructions: Students have the option to write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. Elements used in grading: Class Participation, Written Assignments and Final Exam or Final Paper.
Last offered: Autumn 2014
| Units: 2
LAW 755:
Deals in Latin America
This course is an introduction to the law, institutions and practice of business transactions in Latin American, with particular emphasis on Chile. It provides an overview of corporate governance practices, entrepreneurship and deal structures in the region. This is an offering in the series of overseas study courses that combines a Stanford classroom component (10 hours during the winter quarter) and one week's visit to Santiago for joint classes with students from the law school at Catholic University of Chile. The joint classes will be based on case studies of business transactions. During the visit, we will also meet with general counsel and executives of prominent multinational corporations, leading business lawyers and with high-level government regulators and other lawmakers. Meeting dates: Beginning February 5, the class will meet at SLS the last five Fridays of winter quarter and in Santiago during spring break 2016. Elements used in grading: The course grade will be based on two essay responses (one each at the end of the Stanford and Santiago segments) and on students' preparation and participation in classes and site visits. APPLICATION: To apply for this course, students must complete and e-mail the Application Form available on the SLS Registrar's Office website (see Registration) to the SLS Registrar's Office. See Application Form for submission deadline.
Terms: Win
| Units: 2
LAW 757:
Corrections, Punishment, and Public Policy
This introductory course will familiarize students with the history, structure, and performance of America's corrections system. Corrections deals with the implementation and evaluation of criminal sentences after they are handed down. This course will cover probation, jails, prison, parole, and prisoner reentry. We will also discuss special populations (e.g., mentally ill, sex offenders), mass incarceration, and how the widespread impacts of America's prison expansion. The course will examine corrections from global and historical views, from theoretical and policy perspectives, and with close attention to many problem-specific areas. We will explore correctional theories and their application, the nature, scope and function of corrections, the impact of mass incarceration on crime and communities, what works in rehabilitation, and how to help offenders reintegrate after a prison term. These topics will be considered as they play out in current political and policy debates. Guest lectures may include presentations by legal professionals, victims, offenders, and correctional leaders. We also plan to visit a correctional facility. This course is open to 1Ls, 2Ls, and 3Ls in the Law School. Students who have previously taken Petersilia's Sentencing and Corrections course (SLS 621-0-01) should not enroll in this class, as it would be duplicative. Students are asked to write two reflection papers (dates will be specified in the syllabus). Those two reflection papers constitute 50% of the grade; the final one-day take home exam constitutes the other 50%. Class participation will be used as a "tipping factor."
Last offered: Spring 2015
| Units: 3
LAW 758:
Introduction to Financial Institutions
Introduction to financial institutions reviews a broad range of institutions that accept money from savers and invest that money in stocks, bonds or other assets. The course will explain how each of these institutions provide services to their clients and how each is regulated by government agencies. The course will cover pass-through institutions where the savers receive the return on their investments minus management expenses -- mutual funds, hedge funds and sovereign funds. It also covers institutions offering savers some form of guaranteed returns -- banks, insurance companies and Fannie Mae. Finally, the course will cover pension plans, both defined contribution and defined benefit plans. The course is geared to the non-financial expert with background notes as well as case studies on actual institutions. The course is taught from the viewpoint of someone advising or dealing with these institutions, as well as a public official deciding upon regulatory policy. Elements used in grading: Class Participation, Attendance, Final Exam. The instructor will bring to the course years of experience as head of two global financial companies.
Last offered: Winter 2015
| Units: 3
LAW 759:
Law, Leadership, and Social Change
This course will examine the responsibilities and challenges for those who occupy leadership roles and for those seeking to use law as a vehicle for social change. Topics will include characteristics and styles of leadership, organizational dynamics, forms of influence, decision making, conflict management, innovation, diversity, ethical responsibilities, scandal, civil and human rights, and public interest law. . Materials will include cutting-edge research, case histories, problems, exercises, and media clips. Class sessions will include visitors who have occupied leadership roles. Requirements will include class participation, and either short written weekly reflection papers (2 to 3 pages and a short research paper (about 5 pages) or (2) a long paper (approximately 26-30 pages). After the term begins, students can transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Last offered: Spring 2015
| Units: 3
LAW 760:
Law and Visual Culture
Why doesn't the Supreme Court allow video cameras in oral argument? Why do jurors find video recordings more believable than live testimony? Is a computer generated re-enactment evidence? This course tracks the legal reception of modern visual representation from the confusion about the admissibility of photographs in the late 19th century (is it like a drawing? is it like eyewitness testimony?) to the debate about cameras in the courtroom in the late 20th century (do judges and jurors decide differently when the proceedings are subject to public scrutiny?) to the frequent and strategic deployment of visual media in pretrial and litigation practice today. We will pursue a variety of approaches to the topic, ranging from the discussion of film theory to guest lectures by practicing attorneys. Elements Used in Grading: Class Participation. Attendance, Written Assignments, Final Paper. Automatic grading penalty waived for writers.
Terms: Win
| Units: 3
LAW 761:
Introduction to Legal Design
Intro to Legal Design is a 9-week course for law students & other graduate students to reimagine how legal services are delivered, & learn how to use human-centered design methods to create breakthrough solutions to complex problems. The students will work with project partners - including legal aid groups, courts, and private law firms -- on 2 legal service challenges to help the partners solve real problems they & their users face. For each challenge, students will work on interdisciplinary teams, with close coaching from designers, engineers & lawyers. Students will learn design methods and use their respective expertise to design new innovations that make legal services more accessible & engaging. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline. Elements used in grading: Class Participation, Attendance, Written Assignments.
Last offered: Spring 2015
| Units: 4
LAW 762:
Health Law: Improving Public Health
This course examines how the law can be used to improve the public's health. The major themes explored are, what authority does the government have to regulate in the interest of public health? How are individual rights balanced against this authority? What are the benefits and pitfalls of using laws and litigation to achieve public health goals? The course investigates these issues as they operate in a range of specific contexts in public health, including the control and prevention of infectious disease; laws aimed at preventing obesity and associated noncommunicable diseases; tobacco regulation; ensuring access to medical care; reproductive health; lawsuits against tobacco, food, and gun companies; and public health emergencies. In these contexts, we will ask and answer questions such as, what do the Constitution and key statutes permit? What makes a good public health law? What does public health evidence tell us about the likely effectiveness of particular legal interventions? What ethical and economic arguments justify government intervention to shape individuals' and companies' health-related behaviors? Instruction is through interactive lectures with a significant amount of class discussion and some group exercises. Class Participation, Written Assignments, Final Exam. Cross-listed with Medicine (MED 237).
Last offered: Spring 2015
| Units: 3
LAW 763:
International Trade and Development in the Global Economy
This course focuses on the intersection of two key objectives of the international order and international economic law: the promotion of central rules, regimes and policies for the stabilization and liberalization of international trade; and the encouragement of economic growth and development in poor countries. The course begins with the primary multilateral trade organization, the World Trade Organization (WTO), and its predecessor, the General Agreement on Tariffs and Trade (GATT). The course then proceeds to regional trade and investment regimes: agreements affecting particular areas of the developing world, with special emphasis on U.S. trade law and policy in respect of those regions. Throughout, the course will examine high-profile case studies, as well as consider current events, such as U.S. negotiations on the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership. Elements used in grading: Class Participation, Written Assignments, Final Exam.
Last offered: Autumn 2014
| Units: 3
LAW 764:
Current Issues in Insurance Law
This seminar will consider a range of important issues involving tort and contact aspects of insurance law. Each week will focus on a different topic. Topics may include the application of contra proferentem and reasonable expectations doctrines, bad faith litigation, duty to settle, prominent issues in asbestos litigation, remedies for misrepresentation, limitations on insurability, and the proper role for regulation of insurance policies. Readings will consist of a mix of important cases and academic articles. After the first week, students will take the lead in class discussion of each topic. Grading will be based on a combination of class participation and, at the student's option, (1) weekly response papers or (2) a single longer paper. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments or Final Paper.
Last offered: Spring 2015
| Units: 2
LAW 765:
The Welfare State
Much has been written in recent years about the decline of the welfare state. Numerous adjectives have been applied to describe a trend toward austerity -- death, demise, withering, reversal. One writer suggested that the welfare state had not died, it had merely "moved to Asia" along with industrialization. This seminar introduces students to the key literature, questions, and debates about the modern welfare state. We will consider the emergence, growth, and current status of the welfare state, primarily in Western Europe and North America. The course will examine classical theories about markets and the emergence of social provision. We will also consider the leading theoretical and empirical research addressing the emergence of the welfare state, looking at the American case in comparative perspective. Attention will be paid to social and political factors on state development including political parties, labor markets, gender, demographic change, and immigration. We will then turn to the trend toward austerity and retrenchment, and the effect of globalization for the future of the welfare state. Course Requirements. Participation/Discussion (25%). Students are responsible to complete all readings and to come to class prepared to actively participate in discussion. Each student is responsible to lead a portion of the discussion twice per quarter. Short Reaction Papers (25%). All students must complete 5 reaction papers related to the weekly readings of 2 to 3 pages in length. Reaction papers will include a list of questions to be addressed in that week's discussion. All reaction papers must be posted to coursework in advance of class so that the student(s) leading that week's discussion can incorporate the questions into that week's discussion. Final Options (50%). Students have the option of completing one final paper of 20 pages in length OR 4 essays of 5 -6 pages each addressing the readings in weeks that the student did NOT complete reaction papers. Topics for 20 page papers must be approved by me in advance, and may be related to a student's dissertation or master's research or may be a stand-alone topic. Papers may take the form of a research proposal and need not contain original empirical research. Shorter papers should engage thoroughly with the literature on the selected topic, and should bring additional sources other than those read for class to bear on the topic of choice. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline. Cross-listed with Sociology (SOC 254 & SOC 354).
Last offered: Winter 2015
| Units: 3-5
LAW 766:
Going Global: Advising Clients in a Global Economy
Lawyers are increasingly asked to advise clients with global operations. This course will provide a foundation for understanding the types of challenges faced by business entities that operate around the world and that are therefore subject to multiple and sometimes inconsistent national laws. We will review some of the laws that apply to cross-border, multinational and foreign transactions and how variations in culture and legal systems affect the substance and application of those laws. We will also examine how treaties, international agreements and informal or political norms can constrain or supplement these laws and review the risks of doing business in communities whose laws are ineffective or unreliable. And we will consider some of the ways in which companies that do business in multiple nations can adapt to the challenges they will face. Elements used in grading: Class Participation, Assignments.
Terms: Spr
| Units: 3
LAW 767:
Internet and Society: The Technologies and Politics of Control
This course offers an intensive introduction to the field of cyberlaw. We will investigate the evolving nature of online architecture and activities, and the ways in which the legal toolbox has been, and will be, leveraged to influence them. Course themes include the complex interaction between Internet governance organizations and sovereign states, the search for balance between the ease of disseminating information online and the interest of copyright holders, privacy advocates, and others in controlling that dissemination, and the roles of intermediaries and platforms in shaping what people can and cannot do online. By application. Please note special compressed meeting times. No prerequisites. Special Instructions: The course will run from Sunday, January 4, 2015 to Friday, January 16, 2015. It will comprise 10 students from Stanford Law School and 10 students from Harvard Law School, including any cross-registrants from other Stanford or Harvard schools. There will be an opening Sunday set of activities; one approximately two-hour session each weekday in that period; and potentially one Saturday session, including field trips. Students enrolled in the course from both schools will be selected through an application process. CONSENT APPLICATION: The application can be found at http://brk.mn/InternetandSociety, and is due at 11:59 p.m. on Friday, October 10, 2014. Elements used in grading: Class Participation, Attendance, Final Paper.
Last offered: Winter 2015
| Units: 2
LAW 768:
Environmental Justice
This course will introduce environmental justice as a social movement, including its central substantive concerns (the needs of humans in the built environment rather than the need to protect the environment from humans) and its methods (community-based political organizing rather than professionalized judicial or legislative action). The bulk of the course will then pursue a broader conception of environmental justice today by using social science research, theory, and case studies to investigate the civil rights and poverty aspects of environmental safety and natural resources. The course will include units on: (1) toxic exposure and public health disparities stemming from the disproportionate siting of locally-unwanted land uses in poor neighborhoods of color; (2) access to natural resources and basic public services, including clean water, wastewater disposal, and open space; (3) tools in environmental justice advocacy (including community-based lawyering, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, common law nuisance actions, and transactional lawyering); (4) environmental justice issues in Indian Country, and (5) environmental justice issues in climate change policy. Much of the course material, including student presentations, will be grounded in the experiences and advocacy histories of specific communities, both urban and rural, across the country. Grades will be based on class participation and (1) weekly reflection papers of 3-5 pages each week for each of our topics or (2) a long research paper. After the term begins, students accepted into the course can transfer from section (01) into section (02) which meets the R requirement, with consent of the instructor. Students who opt for a long research paper may, if they so choose, conduct substantial legal research responsive to a non-profit environmental justice organization's legal needs. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Last offered: Spring 2015
| Units: 3
LAW 769:
Copyright and Content in the Digital Age
The digital age has brought about unprecedented opportunity and upheaval in the creation and distribution of content. This seminar will examine digital disruptions to the business models of content creators and industries, and the corresponding impact of the Internet on copyright law, largely through the lens of the litigation involving Google Books. That litigation, which has been active in the courts for almost a decade, is a microcosm of the vast issues that have faced content owners and consumers in the digital age: new technologies to reproduce and distribute works, evolving concepts of fair use, changing consumer norms, massive disruptions to economic interests, increased access to information, concerns about piracy, and threats to competition. We will examine issues related to copyright and content in the digital age by focusing not only on legal claims and defenses, but also litigation strategy, business strategy, policy strategy and public relations strategy, all of which play an important part in the art of lawyering today. The seminar will explore in depth the many contours of the Google Books litigation, including transformative fair use, the problem of orphan works, the rise of ebooks, non-display use and the proposed class action settlement of the case, which was rejected by the district court in 2011. We will also examine digital developments in other content industries (movie, music and newspaper) and focus on two related book issues: the ebook antitrust case against both publishers and Apple and the frequent disputes between publishers and Amazon. The seminar will include visitors who have been involved in the issues being studied. Grading will be based upon weekly reflections, class participation and (for those opting for Research credit) a long paper based on independent research. Some copyright experience is recommended. The course is open to graduate students throughout the university, especially the Graduate School of Business, the Department of Communication and the Journalism Program, by consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructor. See Consent Application Form for submission deadline. Elements used in grading: Class Participation and Written Assignments or Research paper.
Last offered: Spring 2015
| Units: 3
LAW 771:
Indigenous Cultural Heritage: Protection, Practice, Repatriation
This new interdisciplinary seminar explores challenges and avenues for furthering protection of the cultural heritage rights enshrined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Using an innovative combination of in-class lectures and videos of interviews with renowned experts, including Indigenous leaders, scholars, artists and performers and museum professionals from around the world, this seminar will analyze current and potential tribal, domestic and international legal and ethical frameworks for indigenous cultural heritage protection and repatriation. Among other subjects, we will discuss and problematize: the impact of colonialism, urbanization and other political, legal, economic, religious and cultural forces on understandings and definitions of "indigenous" and "cultural heritage"; the development of international law relating to Indigenous peoples' cultural rights; domestic heritage protection and repatriation legislation such as the 1990 US Indian Arts and Crafts Act and Native American Graves Protection and Repatriation Act; past and present Western museum practices relating to display, preservation, provenance research and repatriation of Indigenous peoples' cultural material; the meaning of repatriation to Indigenous peoples and other stakeholders; and resolving repatriation disputes, including by alternative dispute resolution (ADR) processes. While case studies will relate primarily to Indigenous peoples of North America, including the Arizona Hopi and Northwest Coast First Nations, comparisons will be drawn with the situation of Indigenous peoples in other regions, such as Oceania and Russia. The overall seminar experience will involve discussions of lectures and video content, assigned readings, a class visit to the Cantor Center Native Americas collection, and visits to our classroom by renowned experts, including Dr. Morten Rasmussen, who participated in the recent DNA analysis of Kennewick Man/The Ancient One. Students who have taken this course are eligible to join a guided weekend trip to Hopi territory tentatively planned for Spring Quarter 2016. Elements used in grading: class participation, attendance and a final project (one-day take-home exam or research paper). After the term begins, SLS students who have received the instructor¿s consent to write a research paper should transfer from LAW 771 section (01) to section (02), which meets the R requirement. Registration: SLS or graduate student status, or consent of the instructor. Any non-law students who wish to enroll in LAW 771 should complete the Course Add Request form at: http://2pe0o743k0s82lo5l6trs9j1-wpengine.netdna-ssl.com/wp-content/uploads/2015/04/Non-Law-Student-Add-Request-Form-_Autumn-Quarter-2015-2016_-11.pdf and send it to the instructor by email (sjdenant@stanford.edu) or bring it to class. Cross-listed with Art History 90 and Art History 490A.
Terms: Aut
| Units: 2
LAW 772:
Career Development: Alchemy, Law, and Practice
Career development is a embedded in life development. This course offers a space and time for each student to consider both through course materials, class interactions, and a series of reflection papers. The course includes one class facilitated in collaboration with the Office of Career Services focusing on a formal assessment via one or more psychological tests offered to each student. The materials for other class meetings are thought provoking works that have proven to be salient for considering career and life direction. Images and material from alchemy that embody what many consider to be a primary set of symbols for personal transformation provide a backdrop for the course. The course benefits from the collaboration of Michael Guasperini, a mythologist and lawyer whose primary vocation is working intimately with lawyers and firms during periods of personal and institutional transition. Mr. Guasperini has deep experience with the personal lives of hundreds of lawyers at various ages and levels of professional development, providing a valuable and practical perspective for self-reflection. Elements used in grading: Written Assignments (reflection papers).
Terms: Spr
| Units: 2
LAW 773:
Law and Society in Late Imperial China
Our purpose in this colloquium is to understand how law in the Qing dynasty (1644-1912) functioned as an instrument of autocratic power, a field of interaction between state and society, and a vital feature of social life. To this end, we shall survey Qing law "from the top down" (the perspective of the imperial center, its ideology, and its political imperatives), but also "from the bottom up" (the perspective of quotidian practice at the local level). We shall explore the friction between ideology and practice within the dynasty's formal legal system, but also the field of customary practice that flourished outside the formal system, sometimes in conflict with it. Readings have been selected to introduce the work of major historians (in English) and to cover a range of basic concepts and problems in this field. One important theme is how scholarly interpretation and debate have changed over time, especially as a result of the opening of Qing legal archives for research. Another theme is the question of what concepts and vocabulary are most appropriate for this field of study. What are the advantages and disadvantages of analyzing the Chinese legal tradition in comparison to the West? Is it possible to understand it "on its own terms"? Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Cross-listed with History (HISTORY 392B) & Chinese Literature (CHINLIT 392B).
Last offered: Autumn 2014
| Units: 3
LAW 774:
Clean Energy Project Development and Finance
This case study-oriented course will focus on the critical skills needed to evaluate, develop, finance (on a non-recourse basis), and complete standalone utility-scale energy and infrastructure projects. The primary course materials will be documents from several representative projects - e.g. solar, wind, storage, and carbon capture - covering key areas including market and feasibility studies, environmental permitting and regulatory decisions, financial disclosure from bank and bond transactions, and construction, input, and offtake contracts. Documents from executed transactions are highly customized. By taking a forensic and cross-disciplinary approach, looking at several different deals, we can learn how project developers, financiers, and lawyers work to get deals over the finish line that meet the demands of the market, the requirements of the law, and (sometimes) broader societal goals, in particular climate change, economic competitiveness, and energy security. Elements used in grading: Class Participation (35 %), Lecture-based Assignment (15 %), Group Project (50 %). Absences affect grade. Also open to engineering graduate students. Cross-listed with Graduate School of Business (GSBGEN 335).
Terms: Win
| Units: 3
LAW 775:
Information Privacy Law
Today almost all modern businesses need advice about information privacy law. While the roots of privacy law in the US started with a right to be let alone, modern business models, the needs of the administrative state, law enforcement priorities, and our own behavior complicate approaches based solely upon seclusion or secrecy. This course will explore the roots of US privacy law, its evolution in the 20th century, and the challenges of regulating information in the modern era where institutions and individuals need and reveal information constantly, but also seek basic dignity and safety from harm. Privacy law is comprised of torts, contracts, constitutional law, statutory law, soft law norms, and emerging technologies. We will discuss all of these things, as well as incorporate developments in the news. Elements used in grading: Class Participation and Final Exam.
Terms: Spr
| Units: 2
LAW 776:
U.S. and International Issues in the Changing Arctic
This seminar will explore domestic and international issues that are arising in the Arctic, including territorial rights; energy development in the Arctic (including the role of multi-national oil companies, country-specific regulatory standards and response capabilities); the rights of indigenous peoples; mutual aid agreements; and climate change impacts, including the opening of new shipping routes, increased coastal erosion, the loss of permafrost, impacts on traditional subsistence activities, and the like. The seminar is particularly timely, as the U.S. will be taking over Chairmanship of the 8 nation Arctic Council next year and setting a substantive agenda for the international community. Special Instructions: Students in Section (01) will write reflection papers on topics of interest. After the term begins, students accepted into the course can transfer from section (01) into section (02), and have the option to write a longer paper for Research (R) credit with consent of instructor. Elements used in grading: Class Participation and Reflection or Research Papers.
Last offered: Autumn 2014
| Units: 3
LAW 778:
Launching Moonshots: Legal Counseling for New Technologies
This seminar course will explore some of the most interesting and challenging legal issues involved in launching new and innovative technologies from the perspective of an in-house counsel. These include issues of international law, privacy and security, products liability, and regulation of cutting-edge products such as self-driving cars, drones, the internet of things, and other "moonshot" technologies. The course will feature guest presentations by practicing lawyers and technologists in the field. Through advanced case studies, students will gain an understanding of the significant legal and policy issues raised by these technologies, as well as gain exposure to real-world product counseling in a dynamic sector. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Terms: Aut
| Units: 2
LAW 779:
Transition to Practice: Selected Topics
This course is designed to explore issues of professional identity for students transitioning into the legal profession. It will begin in the spring quarter and continue into the fall quarter, and will require the writing of a paper. Elements used in grading: Final Paper.
Terms: Spr
| Units: 1
| Repeatable
2 times
(up to 2 units total)
LAW 780:
Advanced Three Strikes Project: Criminal Justice Reform & Individual Representation
NOTE: Only students who have previously enrolled in the Three Strikes Project may apply to enroll in the Advanced Three Strikes Project in Spring Quarter 2016. This seminar offers an opportunity for students who have already participated in the Three Strikes Project to continue with ongoing projects involving research, litigation, and policy analysis. As with the basic Three Strikes Project seminar, the advanced class concentrates on the the history, politics, practical considerations and legal regulation of sentencing in the United States with a special focus on recent reforms in California, including the Three Strikes Reform Act of 2012 and Safe Neighborhoods and Schools Act of 2014. The Project is an ongoing, fast-paced organization that depends on the hard work and contributions of law students enrolled in the seminar. This course offers the opportunity to take a deeper look into both study the theory behind the law, and to hone legal research and policy analysis skills as well as practical litigation and advocacy skills in and out of the courtroom. Students will meet with Project director Mike Romano each week to discuss work on ongoing projects at a time TBD. CONSENT APPLICATION: Interested students must apply to enroll in the seminar by sending a short statement of interest describing the proposed ongoing work with the Project to Mike Romano (mromano@stanford.edu) with the subject line "Advanced Application." Applications will be considered on a rolling basis. Elements used in grading: Class Participation, Attendance, Written Assignment.
Terms: Spr
| Units: 1-2
LAW 781:
Philanthropy and Civil Society
Associated with the Center for Philanthropy and Civil Society (PACS). Year-long workshop for doctoral students and advanced undergraduates writing senior theses on the nature of civil society or philanthropy. Focus is on pursuit of progressive research and writing contributing to the current scholarly knowledge of the nonprofit sector and philanthropy. Accomplished in a large part through peer review. Readings include recent scholarship in aforementioned fields. May be repeated for credit for a maximum of 3 units. Cross-listed with Education (EDUC 374), Political Science (POLISCI 334) and Sociology (SOC 374).
Terms: Aut, Win, Spr
| Units: 1
| Repeatable
3 times
(up to 3 units total)
LAW 782:
U.S. Human Rights NGOs and International Human Rights
Many US human rights non-government organizations, including the US philanthropic sector, work on international human rights. The US government also engages with the private sector in "partnerships" that twins US foreign aid human rights action with corporate expertise. This weekly series will feature speakers who lead these human rights NGOs, philanthropic enterprises, and corporate partnerships, and also policy experts and scholars, to explore the pro's and con's of this scenario. Cross-lsited with Ethics in Society (ETHICSOC 15R), International Policy Studies (IPS 271A), Medicine (MED 225) and Political Science (POLISCI 203).
Last offered: Winter 2015
| Units: 1
LAW 783:
Lawyering and Leading in Transitional Societies
As societies transition from authoritarian regimes to liberal democracies, public interest lawyers are seeking to transform law from a means of state control to an instrument for the common good. Public interest lawyers practicing in these transitional countries, where the pace of political and economic change is accelerating rapidly are called upon to occupy unique and critical leadership roles. These leaders face an increasingly complex tapestry of economic, political, and social challenges. This course will examine the leadership challenges and opportunities faced by both domestic and international public interest lawyers in transitional societies. Guest speakers who have led international NGOs and foreign NGOs advocating for social justice in transitional societies will anchor many of the class discussions. Readings will largely focus on practitioner-oriented case studies and evaluations. Themes addressed will include: * Globalization is advancing rapidly. Leaders must understand how new rules of the game for global governance will affect organizations. They must develop the technical and political skills to be heard in international arenas at the same time that they mediate the impact of global change on the economic and social futures of their countries. * Decentralization of decision-making authority creates more challenges. Leaders in times of transition must understand how to build coalitions and negotiate across multiple layers of government and networks of interested parties. * Democratization and political participation are increasing. Public interest legal organizations and a variety of other organizations in civil society must develop the skill sets necessary to make claims on government at all levels and are hold leaders more accountable for their actions. Increasing political participations requires effective movement building skills which are often underdeveloped in these societies. * Knowledge is expanding exponentially. Leaders must spend more time acquiring knowledge for informed decision making and must guide their organizations in adapting new technologies and new knowledge to improve performance and responsiveness to the needs of their constituencies. * Regulatory environments are uncertain. Leaders of NGOs in transitional societies are often operating in an environment of rapidly changing regulatory environments with respect to legal compliance and governance for NGOs. * Overwhelming numbers of critical priorities compete for organizational time and resources. In transitional societies there are typically very few NGOs and many pressing needs with respect to representing and serving marginalized communities and expanding political participation across the board. Organizational leadership can succumb to mission creep and burnout. Guest speakers will include: Dmitri Holtzman, Founder and Executive Director of the Equal Education Law Centre (EELC). EELC is dedicated to advancing the right to basic education through strategic litigation and advocacy in South Africa. Prior to his work with EELC, Dmitri worked with Equal Education, a movement seeking to address poor quality and inequality in education. Hou Ping, Hou Ping is the founder and Vice President of LesGo, a nonprofit organization working on LGBT rights in China. LesGo advocates for recognition of and equality for the LGBT community in Suzhou and surrounding areas. In her role as Vice President, Ping focuses on community research and rights. Students will be asked to produce several short papers throughout the quarter. For Research credit, students will be asked to produce a substantially longer paper on a related topic and can be excused from some of the shorter assignments. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, written assignments.
Terms: Aut
| Units: 2
LAW 784:
Critical Race Theory
This course will consider one of the newest intellectual currents within American Legal Theory -- Critical Race Theory. Emerging during the 1980s, critical race scholars made many controversial claims about law and legal education -- among them that race and racial inequality suffused American law and society, that structural racial subordination remained endemic, and that both liberal and critical legal theories marginalized the voices of racial minorities. Course readings will be taken from both classic works of Critical Race Theory and newer interventions in the field, as well as scholarship criticizing or otherwise engaging with Critical Race Theory from outside or at the margins of the field. The class will meet 7:15PM to 9:15PM on January 4, 5, 6 and 11, 12. Elements used in grading: Class Participation, Written Assignments.
Terms: Win
| Units: 1
LAW 785:
Current Issues in Tax Practice
This course will introduce students to major issues in tax practice. Each class will be co-taught by one or more leading practitioners in the tax bar, with other members of the bar attending. Subjects include international tax, intellectual property and tax, tax litigation, state and local taxation, working for the government in tax, tax lobbying and working in a corporate tax department. Class will meet at my home (with take-out dinner provided). The class offers students a good opportunity to connect their SLS tax courses to real-world tax issues and practitioners. Elements used in grading: Class Participation, Attendance, Written Assignments.
Terms: Spr
| Units: 2
| Repeatable
3 times
(up to 6 units total)
LAW 786:
International Justice
This course will examine the arc of an atrocity. It begins with an introduction to the interdisciplinary scholarship on the causes and enablers of mass violence-genocide, war crimes, terrorism, and state repression. It then considers political and legal responses ranging from humanitarian intervention (within and without the Responsibility to Protect framework), sanctions, commissions of inquiry, and accountability mechanisms, including criminal trials before international and domestic tribunals. The course will also explore the range of transitional justice mechanisms available to policymakers as societies emerge from periods of violence and repression, including truth commissions, lustrations, and amnesties. Coming full circle, the course will evaluate current efforts aimed at atrocity prevention, rather than response, including President Obama's atrocities prevention initiative. Readings address the philosophical underpinnings of justice, questions of institutional design, and the way in which different societies have balanced competing policy imperatives. Elements used in grading: Class Participation, Final Paper. Cross-listed with International Policy Studies (IPS 208A).
Terms: Win
| Units: 3
LAW 787:
Reinventing American Criminal Justice Systems
The scandal of criminal justice in the United States is by now a familiar one, its facts well known. As the late William J. Stuntz wrote in The Collapse of American Criminal Justice: "Rule of law has vanished in America's criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants." There is no controversy that change is needed, and many believe we are now at a policy turning point. For the first time in nearly 40 years, prison populations are declining and a variety of forces-fiscal, political, and evidentiary-have finally come together to create broad-based support for reconstituting components of the American criminal justice system. But good intentions are not enough, and a policy opportunity is not the same thing as a policy success. This historic opportunity requires a thoughtfully planned, multidisciplinary effort. This seminar is designed to engage in that effort. Each student will be asked to select a particular area of potential reform (e.g., police, prisons, prosecution, sentencing, plea bargaining, parole release, risk prediction, juvenile justice, mental health, drug policy, racial disparities, parole), and to offer a comprehensive concrete proposal for change. The final paper will offer plans for reconstituting that particular component of the criminal justice system. The concrete proposals must be justified in terms of the pertinent legal and empirical research. The goal of each paper is to provide policymakers with a practical blueprint for choosing a different criminal justice future. This course is designed for students who wish to delve deeply into specific areas of criminal justice reform, and have an interest in policy reform, empirical research, and advocacy. Elements used in grading: Final Paper. Automatic grading penalty is waived. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 3
LAW 788:
Race, Policing and Prosecutors: Perspectives, Problems, and Possibilities
Prompted by the killings of Tamir Rice in Cleveland, Ohio, Michael Brown in Ferguson, Missouri, and Eric Garner in Staten Island, New York, this 1 unit mini-course will draw on a wide array of materials to examine the challenges and injustices that arise at the intersection of race and policing in the United States. The first part of the course will consider alternative accounts of the central problems at the intersection of race and law enforcement, and will explore the roots of distrust between minority communities and law enforcement agencies. The course will examine the social, psychological, historical and institutional roots of these problems. The second part of the course will survey various reform proposals. What are the possibilities and limits of civil rights actions? Is reform best undertaken by courts or legislatures? By the federal government or by states? Some reforms focus on prosecutors, e.g. limiting prosecutorial discretion, eliminating grand juries. Other reforms focus on policing, e.g. racial sensitivity or procedural justice training, requiring body cameras, creating more racially representative police forces. To what extent should solutions be pursued through new forms of democratic oversight and accountability (such as police civilian review boards) or through community organizing efforts. Does racially just and effective policing require controlling and constraining the police, or working collaboratively with law enforcement agencies? This 1 unit course is Mandatory Pass/Fail, and will meet only three times during the course of the quarter. Attendance and participation at each class session is required. Prior to each class session, each student will post questions, observations or reflections that will provide the basis for class discussion. The class will meet from 2-5 pm the following Fridays: January 16, February 6, and February 27. Elements used in grading: Class Participation, Attendance & Written Assignments.
Last offered: Winter 2015
| Units: 1
LAW 789:
Transnational Corporations and Human Rights
Apple's use of child labor; Goldcorp's operations in Guatemala; the complicity of Dow Chemical/Union Carbide in the Bhopal chemical disaster; Shell's involvement in the executions of activists protesting the company's environmental and development policies in Nigeria. These are just a few examples of alleged corporate malfeasance that have emerged on the international stage. The purpose of this seminar is to introduce students to the debate concerning the accountability of transnational corporations that are complicit in rights-violating activities. At the international level, there has been a striking new strategy in the protection of human rights: a transition from focusing solely on rights-violations committed by governments to a detailed examination of transnational corporate conduct. Indeed, it has now become trite to say that particular corporations have directly or indirectly participated in violations of human rights. In order to address the fundamental question of whether corporations should in fact be socially responsible, the seminar will begin with an introduction to corporate theory. Students will then explore some of the key issues in the debate. Namely, whether transnational corporations can properly be included under the international law of state responsibility; mechanisms for self-regulation (e.g. voluntary corporate codes of conduct); the utility of the U.S. Alien Tort Claims Act; the advantages and disadvantages of U.N. initiatives (e.g. the work of the former U.N. Special Representative on Business and Human Rights); and the relevance of domestic corporate and securities law mechanisms (e.g. shareholder proposals and social disclosure). The course will provide a comparative analysis of the U.S. and Canadian experiences, in particular. Special Instructions: The use of laptop computers (or other similar electronic note-taking devices) is not permitted. Elements used in grading: Grading will be based on class participation (including student presentations) and a final research paper.
Last offered: Spring 2015
| Units: 2
LAW 790:
Separation of Powers and Executive Branch Legal Interpretation
This course will explore the parameters of the executive-congressional relationship, with a special focus on the mechanisms through which the Executive Branch engages in legal interpretation. We will examine the case law that structures the relationship between the political branches, as well as congressional efforts to constrain executive power, such as through appropriations and oversight. But we will be most concerned with how the Executive conceptualizes and implements its "Take Care" responsibilities and its relationship to Congress, through its own forms of constitutional interpretation and when implementing statutes and exercising enforcement discretion. We will begin with the question-what is executive power? We then will study the work of different interpreters within the Executive Branch, such as the Office of Legal Counsel, the White House Counsel, OIRA, and the agencies, mindful of the fact that the branch is a "they," not an "it." We will conclude by studying various policy dilemmas that have required the Executive to conceptualize and assert a view of its authority within the constitutional system, including its use of prosecutorial discretion and its foreign affairs, war, and Commander-in-Chief powers. Readings will consist of executive branch and congressional documents, case law, and secondary literature. Elements used in grading: Grades will be based on class participation and each student's choice of either (1) series of 3-5 page reflection papers or (2) final research paper of approximately 5000 words for "R" (Research credit). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor.
Last offered: Spring 2015
| Units: 2
LAW 791:
Implications of Post-1994 Conflicts in Great Lakes Region of Africa: an American Perspective
Seminar will explore the post-1994 conflicts in the Great Lakes Region from the perspective of the former US Special Envoy to the region. Particular emphasis will be placed on the intensified regional and international efforts to resolve these conflicts since the M23 rebellion of 2012. It will consider the implications these activities have for the region, legal accountability, international peacekeeping and the conduct of American foreign policy. The seminar will include the following segments: 1) the origins and nature of the post-1994 conflicts and recent efforts to resolve them with particular attention to the relationship between modern Congolese history and the Rwandan genocide and the peace-making efforts initiated by the Peace, Security and Cooperation Framework agreement of February 2013; 2) accountability for conflict-related crimes committed in the region including sex and gender-based crimes and the legal and other regimes established to address conflict minerals; and 3) the broader implications of the conflict for American foreign policy in Africa, in particular, and in general, and lessons learned about the way in which such policy is formulated; as well as the implications of this conflict for international peace-making and peace-keeping efforts. The course is cross-listed for IPS and law school students. Special instructions: The class will be limited to 12 IPS students and five law students. Elements used in grading: Class participation, Attendance, Final Paper. Cross-listed with International Policy Studies (IPS 252).
Last offered: Spring 2015
| Units: 3
LAW 792:
Advanced Legal Writing: Public Interest Litigation
Public-interest litigation is often an uphill battle. Civil rights plaintiffs have difficulty prevailing even when their fact-patterns are sympathetic, as can be seen in contexts from sexual harassment lawsuits to wage to hour claims and from police brutality and prison conditions cases to transnational human rights complaints. Yet when public interest impact litigation does succeed it can enable or even galvanize social movements-both domestic and international-and meaningfully change the legal landscape. This class will focus on the skills necessary to litigate public interest lawsuits, and, in particular, public interest impact litigation. We will focus on marrying research and analysis of statutory text and case law and harnessing the creativity necessary to win such lawsuits by using those research and analytical results to write two briefs from the perspective of public interest or pro-bono advocates. Along the way, we will examine some of the most important briefs of the twentieth and twenty-first centuries in various public interest contexts to unpack the rhetorical and analytical skills needed to persuade judges across the ideological spectrum. Grading will be based on a Mandatory P/R/F system, taking into account research and writing as well as class participation. SPECIAL INSTRUCTIONS: Students on the waitlist for the course will be admitted if spots are available on the basis of priority. Early drop deadline: Students may not drop this course after first week of class.
Last offered: Spring 2015
| Units: 3
LAW 793:
Constitutional Litigation and Public Policy: Race and Criminal Justice
This course will examine the ways in which race and perceptions of race influence our criminal-justice system, with an emphasis on interactions between individuals and the police. Topics will include racial profiling, stop-and-frisk tactics, police use of force, the over- and under-policing of communities of color, and the impact of the war on drugs on these communities. We will discuss the doctrinal, policy, and practical issues that these topics raise, as well as the question of how to effectively use litigation and other types of advocacy to address problems within the criminal-justice system. My goal is for students in the course not only to gain an understanding of the subject matter but also to develop their litigation, writing, and advocacy skills. Readings will include Michelle Alexander's The New Jim Crow, Randall Kennedy's Race, Crime, and the Law, as well as cases and articles. Students will be required to write a number of short papers. Grades will be based on those papers and on class participation.
Last offered: Spring 2015
| Units: 2
LAW 794:
Introduction to Finance
This course is a basic introduction to the principles of finance and is intended as a primer on principles of valuation that are useful in everything from settlement negotiations to family law. No prior knowledge of finance will be assumed. If you want an introduction to corporate finance and won't take the full 3 credit course, this is for you. The first part of the course (approximately 6 weeks) will consist of on-line modules and problem sets that you will complete on your own and in small groups. We will cover topics such as: earnings, cash flows, income statements, interest rates, time value of money, estimating firm value, risk and return and the cost of capital. We will provide a framework for answering questions such as: how much is this project (or firm) worth? How should the firm raise money for a new investment? There will be weekly problem sets and you will get experience with building a simple model (excel spreadsheet) that will help you estimate the value of a potential new project. The second part of the course will consist of in-class discussions of case studies that apply these valuation principles to particular legal settings: e.g. valuing settlement offers, merger proposals, appraisal proceedings, and the efficient capital markets hypothesis. We hope that this flexible format will allow more students to take finance. If you wish, you can take this course and then later take Corporate Finance 1. The class will meet (TBA). Additional small group meetings will be scheduled with the instructor. On-line component. Elements used in grading: Written Assignments, Final Project.
Terms: Aut
| Units: 2
LAW 795:
Youth Law and Policy: How the Law Sees and Ignores Children and Youth in Contemporary America
This course examines current issues in youth law and policy with a focus on the potential and collateral effects of law on certain subpopulations of vulnerable youth. Substantively, the course focuses on case law and statutes in delinquency, dependency, education, public benefits, and health access with an attention to cross-section themes of poverty, economic justice, race, and youth voice. By the end of the course, students will have developed a better understanding of how litigation, legislation, and policy in youth law come about through examining recent developments in the field and the tools advocates have used to enact change. Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from the exam section (01) into paper section (02), with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments; Exam or Final Paper.
Terms: Aut
| Units: 2
LAW 796:
Intellectual Property: International and Comparative Patent Law
Patentable goods and services are increasingly important in today's global information economy, and they frequently cross national borders, physically or electronically. This course will include a comparative examination of the major national patent systems, a survey of the principal international patent treaties, and discussions of related transnational patent issues. We will examine these topics both from the perspective of global patent practitioners - who face challenges such as securing large international patent portfolios and strategizing multinational patent litigation - and from the perspective of the academics and policymakers who are engaged in ongoing patent harmonization debates. Prerequisites: Introduction to Intellectual Property or another patent-related course or consent of instructor. Elements used in grading: class participation and either several short writing exercises (section (01)) or an independent research paper to be presented in class (section (02)). Special instructions: With the instructor's consent, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement. Early drop deadline. Elements used in grading: Class Participation, Written Assignments or Final Paper.
Terms: Aut
| Units: 2
LAW 797:
Criminal Justice and the Rights of Noncitizens
This course will explore a broad set of issues relating to noncitizens and the criminal justice system, including: the immigration consequences of criminal convictions, the effect of citizenship status on criminal justice processes and outcomes, procedural rules and norms governing the policing of crimes of migration, the policing of immigrant communities more generally, the punishment of noncitizens and the extraterritorial reach of the criminal law. The focus will be primarily domestic but we we will pay some attention to comparative developments. Elements used in grading: Class Participation, Written Assignments.
Terms: Win
| Units: 2
LAW 798:
Education Law & Policy
This survey class will examine the development of education law and policy in the United States, focusing on the related issues of equity and access. Specific topics covered include who has access to what kind of education, quality and accountability in provision of education, disparate effects of education policies on different groups, and both discipline and its consequences. At the completion of the course students will have gained a deeper understanding of the complex relationships among the law, the student experience, culture, and politics, and of the history of education reform efforts. Elements used in grading: Class Participation, Written Assignments, Final Exam.
Terms: Win
| Units: 3
LAW 799:
Regional Human Rights Protections: The Inter-American System
This course provides an in-depth introduction to the doctrine, practice and critiques of the Inter-American Human Rights System ("IASHR"). Students will examine the major instruments for human rights protections in the IASHR, the Inter-American Court and Commission's procedure and jurisprudence, as well as the obstacles and opportunities that civil society, victims, and advocates encounter when engaging the inter-American system. The Course will consider issues of implementation, and the types of measures and forms of relief that can be sought from the Court and the Commission. The inter-American system has played a crucial role in opening spaces for debate on human rights protections in Latin America and the Caribbean, increasing protections at the domestic level, and supporting civil society in its quest for accountability for massive human rights violations. The system has also played a role in civil society efforts to bring the human rights debate home, including in the United States. Students will have an opportunity to cast a comparative look at the inter-American and the European Human Rights systems and to consider the comparative advantages, disadvantages and complementary potential of regional human rights systems and universal international human rights and criminal justice bodies. Cross Registration: This Course is open to graduate students across the university, with permission of the instructor. Preference for cross-registration by non-Law School students will be given to students enrolled in the Master of Arts program in Latin American Studies. Elements used in grading (Evaluation): Class Participation, Attendance, Final Exam. CONSENT APPLICATION: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration) to the instructors. See Consent Application Form for submission deadline.
Terms: Aut
| Units: 3
LAW 802:
TGR: Dissertation
Terms: Aut, Win, Spr
| Units: 0
| Repeatable
for credit
Instructors: ;
Banks, R. (PI);
Engstrom, D. (PI);
Engstrom, N. (PI);
Friedman, L. (PI);
Goldstein, P. (PI);
Greely, H. (PI);
Hensler, D. (PI);
Klausner, M. (PI);
Lemley, M. (PI);
MacCoun, R. (PI);
Martinez, J. (PI);
Polinsky, A. (PI);
Simon, W. (PI);
Sklansky, D. (PI);
Thompson, B. (PI);
Triantis, G. (PI);
Wara, M. (PI);
Weiner, A. (PI);
Koos, K. (GP)
