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 developing their dissertation research proposals. Weekly colloquium sessions will include a mix of lectures and discussions on selected methodological topics, relevant to the candidates' dissertation research; guest lectures by empirical legal research scholars; presentations by and discussions with more advanced doctoral candidates; and presentations by the first year JSD candidates.
Terms: Aut, Win, Spr
| Units: 0
| Repeatable
3 times
(up to 0 units total)
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 policies that define certain market behavior as illegal because it is harmful to competition. Economic regulation refers to policies in which government controls prices and/or decides which firms can participate in a market. Other areas of regulation, such as product and workplace safety standards, are not included in this course. This course is cross-listed with the Economics Department (Same as ECON 158). Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper and Final Exam.
Terms: Win
| Units: 5
LAW 222:
Advanced Legal Research
The course is designed to prepare law students for research in practice and clerkships. The course will review who produces legal authority and how this material is organized, published, indexed and kept current. Objectives for the course: 1) to show students how to evaluate legal research sources and use them effectively, with particular emphasis on cost-effective research; 2) to expand skills in primary and secondary U.S. legal sources; and 3) to introduce students to the array of non-legal information resources that could be useful to legal practice. Since learning legal research requires a hands-on approach, students are required to complete homework assignments and in-class exercises. Each student is also required to analyze a recent California Supreme Court opinion. Special Instructions: Upon prior consent of the instructors, students will be eligible to receive Research (R) credit. Those requesting Research credit will be required to write a substantial research paper based on independent research in an area related to legal research and publishing. 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 Stanford graduate students with permission from the instructor. See "Special Instructions" in course description above. Elements used in grading: Written assignments and in-class exercises.
Terms: Spr
| 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 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 224:
Federal Litigation
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, Spr
| Units: 2
| Repeatable
2 times
(up to 4 units total)
Instructors: ;
Antognini, A. (PI);
Colgan, B. (PI);
Fenner, R. (PI);
Gilden, A. (PI);
Johnson, T. (PI);
Kobrick, J. (PI);
Matsumura, K. (PI);
Merino, J. (PI);
Pearson, L. (PI);
Wright, K. (PI);
Adan, P. (GP);
Schroeder, L. (GP)
LAW 225A:
Immigrants' Rights Clinic: Clinical Practice
The Immigrants' Rights Clinic offers students the opportunity to provide direct representation to indigent immigrants, including immigrant survivors of domestic violence, non-citizens in removal (deportation) proceedings, and asylum seekers.nn Students enrolled in the clinic participate in all aspects of case development, including interviewing clients and witnesses, investigating facts, writing pleadings, developing case strategy, conducting legal research, and/or arguing cases. Clinic students also work on a variety of multi-disciplinary legal advocacy projects on behalf of immigrants' rights organizations and community groups. Students conduct various forms of advocacy, including impact litigation, legislative and regulatory work, public education, litigation in international tribunals, and grassroots organizing. No prior substantive experience or background in immigration or immigrants' rights work is necessary. nnSpecial 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. Writing (W) credit for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 225B:
Immigrants' Rights Clinic: Clinical Methods
The Immigrants' Rights Clinic offers students the opportunity to provide direct representation to indigent immigrants, including immigrant survivors of domestic violence, non-citizens in removal (deportation) proceedings, and asylum seekers. Students enrolled in the clinic participate in all aspects of case development, including interviewing clients and witnesses, investigating facts, writing pleadings, developing case strategy, conducting legal research, and/or arguing cases. Clinic students also work on a variety of multi-disciplinary legal advocacy projects on behalf of immigrants' rights organizations and community groups. Students conduct various forms of advocacy, including impact litigation, legislative and regulatory work, public education, litigation in international tribunals, and grassroots organizing. 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. Writing (W) credit for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 225C:
Immigrants' Rights Clinic: Clinical Coursework
The Immigrants' Rights Clinic offers students the opportunity to provide direct representation to indigent immigrants, including immigrant survivors of domestic violence, non-citizens in removal (deportation) proceedings, and asylum seekers. Students enrolled in the clinic participate in all aspects of case development, including interviewing clients and witnesses, investigating facts, writing pleadings, developing case strategy, conducting legal research, and/or arguing cases. Clinic students also work on a variety of multi-disciplinary legal advocacy projects on behalf of immigrants' rights organizations and community groups. Students conduct various forms of advocacy, including impact litigation, legislative and regulatory work, public education, litigation in international tribunals, and grassroots organizing. 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. Writing (W) credit for 3Ls only.
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: Aut
| 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 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, about half of The Federalist, and overviews of the Virginia and New York 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.
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 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 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 Course Add Request Form available on the SLS Registrar's Office website (see Stanford Non-Law Student Course Registration). Elements used in grading: Class participation, attendance and final exam.
Terms: Spr
| 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. Elements used in grading: Class participation, attendance, final paper or final exam.
Terms: Aut
| 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
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 of agency decision-making, and the judicial review of agency actions. Elements used in grading: Class participation, attendance, assignments, final exam.
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 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: Spr
| Units: 4
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. Special Instructions: Writing (W) credit is for 3Ls only. 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.nnElements 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 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 242:
Corporations
This course is an introduction to the basic legal rules and principles governing the relations among 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: Statistical Inference (Law 468) and QM: Finance (Law 467) are recommended. Elements used in grading: Class participation, attendance, written assignments, midterm, final exam.
Terms: Spr
| 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 selected 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 in China, as well as strategies that businesses could use to overcome limitations in the Chinese legal system. Leaders from the legal and business communities will be invited to share their experiences and insights. This course is open to all students, including undergraduates who have permission from the instructor. A Stanford Non-Law Student Course Registration Form is available at http://www.law.stanford.edu/school/offices/registrar/. Grading system: Honors-Pass. Elements used in grading: Class participation (30%) and Extended Take-Home Exam (70%).
Terms: Win
| 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 and Lehman Brothers) and the effects of bankruptcy on specific industries (e.g., airlines, automotive, financial services and real estate). Finally, the course touches on various issues that often arise in a bankruptcy 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: Spr
| 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. Topics addressed will include equal protection in relation to race, gender, and sexual orientation, among others, and substantive due process in relation to procreation, sexuality, and relationships. The state action doctrine will also be covered. Elements used in grading: Class participation and exam.
Terms: Aut, Spr
| Units: 3
LAW 259:
State-Building and the Rule of Law Workshop
The State-Building and Rule of Law Seminar is a law and development course centrally concerned with bridging theory and practice. The seminar will introduce the key theories relevant to rule of law generally and state-building in particular. And it will critically examine efforts to promote rule of law in countries at a state-building stage of development. The seminar will situate rule of law programs conceptually and practically around the core challenge of the state-building enterprise: to build durable formal and informal institutions, including legal institutions, which have legitimacy and capacity and can ensure security. The seminar also will critically assess case studies as well as project documents generated by the development industry on state-building. The theoretical and applied discussions will lay the foundation for the third part of the seminar, a practicum unit where students will present draft project proposals, project work products or analytical papers. In the practicum unit, one group will build on the on-going Afghanistan Legal Education Project, another will pursue needs in the Bhutan Law and Policy Project, and another group will focus on needs in the Timor Leste Legal Education Project. Yet another group of students will develop rule of law projects for other countries within the scope of the seminar or write analytical problem oriented papers about the challenges to building the rule of law in one or more of these countries. The set of developing countries considered within the scope of this seminar is broad. It includes, among others, states engaged in post-conflict reconstruction, e.g., Cambodia, Timor Leste, 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; and least developed states that are not marked by high levels of violent conflict at all, e.g., Bhutan. <br>nnSpecial Instructions: Students have the option to receive Writing (W) credit or Research (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.nnClass participation and presentation of final written product, reaction papers, and final paper/project/proposal.nnAutomatic grading penalty waived for writers. Writing (W) credit is for 3Ls only.
Terms: Aut
| Units: 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: Spr
| 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 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.nnStudents 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.nnThe 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.nnA background in technology may be useful in some cases but is not necessary to a successful experience in the clinic.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements 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.nnWriting (W) credit is for 3Ls only.
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.nnStudents 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.nnThe 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.nnA background in technology may be useful in some cases but is not necessary to a successful experience in the clinic.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements 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.nnWriting (W) credit is for 3Ls only.
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.nnStudents 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.nnThe 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.nnA background in technology may be useful in some cases but is not necessary to a successful experience in the clinic.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements 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.nnWriting (W) credit is for 3Ls only.
Terms: Win, Spr
| Units: 4
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 a place to learn about corporate practice. We're targeted at both students seeking to explore a non-litigation, advisory-oriented practice and those planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms. 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.nnStudents 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.nnO&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $10 million, and some are considerably larger. We focus on these organizations because they are corporations that typically have meaningful governance and disclosure obligations, active boards of directors, audited financial statements, physical facilities, multiple 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.nnThe 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.nnEvaluation 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.nnInformation about prior projects is available from the instructors and on the SLS website. No prior experience in business, finance, or corporate law is necessary.nnSpecial Instructions: nnGeneral Structure of Clinical Courses nnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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. nnElements 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, and class participation in general.nnWriting (W) credit is for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 272B:
Organizations and Transactions Clinic: Clinical Methods
The O&T Clinic is a place to learn about corporate practice. We're targeted at both students seeking to explore a non-litigation, advisory-oriented practice and those planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms. 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.nnStudents 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.nnO&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $10 million, and some are considerably larger. We focus on these organizations because they are corporations that typically have meaningful governance and disclosure obligations, active boards of directors, audited financial statements, physical facilities, multiple 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.nnThe 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.nnEvaluation 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.nnInformation about prior projects is available from the instructors and on the SLS website. No prior experience in business, finance, or corporate law is necessary.nnSpecial Instructions: nnGeneral Structure of Clinical Courses nnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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. nnElements 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, and class participation in general.nnWriting (W) credit is for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 272C:
Organizations and Transactions Clinic: Clinical Coursework
The O&T Clinic is a place to learn about corporate practice. We're targeted at both students seeking to explore a non-litigation, advisory-oriented practice and those planning to do M&A, finance, securities, IP licensing or other corporate or transactional work at major firms. 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.nnStudents 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.nnO&T clients are all established Northern California nonprofit corporations. Most of the clients generate annual revenues in the range of $1 - $10 million, and some are considerably larger. We focus on these organizations because they are corporations that typically have meaningful governance and disclosure obligations, active boards of directors, audited financial statements, physical facilities, multiple 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.nnThe 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.nnEvaluation 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.nnInformation about prior projects is available from the instructors and on the SLS website. No prior experience in business, finance, or corporate law is necessary.nnSpecial Instructions: nnGeneral Structure of Clinical Courses nnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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. nnElements 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, and class participation in general.nnWriting (W) credit is for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 273:
Deals I
This course applies economic concepts to the practice of structuring contracts. Our goal is to understand common problems and solutions that arise in complex deals. The course extends over two quarters, meeting three hours per week the first quarter and two hours per week the second quarter. Students enrolled in the course must take both quarters. The first quarter will be spent in a traditional classroom setting, discussing economics articles and case studies of actual contracts that illustrate the concepts described in the articles. We focus on the issues arising from transaction costs, adverse selection, moral hazard, problems of enforceability, agency problems, and contracting over time. During the second quarter, we will explore the connection between economic theory and contracting practice by studying specific deals. Students, divided into groups, will study a deal and give a class presentation based on their deal. A lawyer or another participant in the deal will also lead a class discussion of that deal. When it works, the students' and the practitioners' analyses are mutually enlightening. In the past, we have studied movie financings, biotech alliances, venture capital financings, cross-border joint ventures, private equity investments, and corporate reorganizations. This course is capped at 30 Students, 12 GSB, 18 Law School students. Students enrolled in the course must take both quarters. The course is open to first-year Law School students. Writing (W) credit is for 3Ls only. No exam in Winter Term. An In-School exam will be given at the conclusion of the course in the Spring Term. Elements used in grading: Attendance, class participation, presentation, written assignments, a group paper, and exam. Grades will be given at the end of the second quarter and will be applied to both quarters. This course is cross-listed with GSBGEN 304. 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
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. Writing (W) credit is for 3Ls only.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
6 times
(up to 12 units total)
LAW 275:
Deals II
This course applies economic concepts to the practice of structuring contracts. Our goal is to understand common problems and solutions that arise in complex deals. The course extends over two quarters, meeting three hours per week the first quarter and two hours per week the second quarter. Students enrolled in the course must take both quarters. The first quarter will be spent in a traditional classroom setting, discussing economics articles and case studies of actual contracts that illustrate the concepts described in the articles. We focus on the issues arising from transaction costs, adverse selection, moral hazard, problems of enforceability, agency problems and contracting over time. During the second quarter, we will explore the connection between economic theory and contracting practice by studying specific deals. Students, divided into groups, will study a deal and give a class presentation based on their deal. A lawyer or another participant in the deal will also lead a class discussion of that deal. When it works, the students' and the practitioners' analyses are mutually enlightening. In the past, we have studied movie financings, biotech alliances, venture capital financings, cross-border joint ventures, private equity investments, and corporate reorganizations. This course is capped at 30 Students, 12 GSB, 18 Law School students. Students enrolled in the course must take both quarters. The course is open to first-year Law School students. Writing (W) credit is for 3Ls only. No exam in Winter Term. An In-School exam will be given at the conclusion of the course in the Spring Term. Elements used in grading: Attendance, class participation, presentation, written assignments, a group paper, and exam. Grades will be given at the end of the second quarter and will be applied to both quarters. (Cross-listed as GSBGEN 508)
Terms: Spr
| 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. nSpecial Instructions: This class will meet the first three weeks of the quarter only.nElements used in grading: Class attendance and participation, reading the assigned material, and four short papers (no longer than 3 pages each) reacting to the readings.
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.
Terms: Win
| 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 natural gas extraction (fracking). 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.
| Units: 3
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 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.nElements used in grading: Class attendance, class participation, take home exam and short paper.
Terms: Win
| Units: 4
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. Students may consult course materials and their own notes, 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 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
This course will examine the international trading system and focus primarily on the architecture and functioning of the World Trade Organization (WTO). It will explore the WTO's interaction with regional trade regimes, like the North American Free Trade Agreement (NAFTA), as well as Bilateral Investment Treaties and analyze relevant U.S. constitutional and statutory provisions concerning international trade. We will consider the theoretical foundations of the international trade regime, its current institutional and legal design, and its political and social implications (e.g., environmental, representativeness or economic development). We will conclude by exploring the interaction of trade and the global economic system. Elements used in grading: Class participation, attendance, written assignments, final exam.
Terms: Spr
| Units: 3
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.nPlease note that the California Bar Examiners have posted this announcement:nApplicants 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.nThis evidence course covers only the Federal Rules of Evidence and does not address the California Evidence Code. Although similar principles of law govern the California Code and Federal Rules, the two sets of rules are not identical. Students preparing for the California Bar Exam will have to learn some new material.nIn-School Exam: one-half essay and one-half multiple choice.nThis course is open to first-year Law School students.
Terms: Win
| Units: 5
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 Clause. Please note that the California Bar Examiners have announced that "[t]he scope of the subject titled 'evidence' will include the California Code of Evidence." It appears that "include" means that the bar examination addresses both the Federal Rules of Evidence and the California Evidence Code. This evidence course covers only the Federal Rules of Evidence and does not address the California Code. Although the same principles of law govern the California and Federal rules, the two sets of rules are not identical, and students preparing for the California Bar Exam will have to learn some new material. Elements used in grading: Class participation, attendance and 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.nElements used in grading: Class participation (is a small factor and only in the positive direction) and final exam.nThis 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 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. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, brief writing exercises, team contract negotiation and drafting projects.
Terms: Spr
| 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 exchange traded derivatives markets. Derivatives are not 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. 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, as well as how conduct of business rules and disclosures may shift. 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.nnElements used in grading: Attendance, written assignments and final exam.
Terms: Aut
| Units: 2
LAW 300:
Securities Litigation
This course examines private enforcement of the securities laws through class action litigation. The course will analyze the elements of the key causes of action under the securities laws-materiality, causation, and damages-and the ways in which each is proven. A central element of proof in these cases is expert testimony based on an econometric technique called an "event study." An economist who specializes in this type of work will teach this methodology to the class, and the class will conduct such a study in teams. The course will also cover procedural requirements that are unique to securities class actions, including class certification and pleading requirements. Finally, we will cover the dynamics of settlement and the role of rules governing indemnification and insurance for defendants. The course concludes with an assessment of the public policy issues bearing on private securities litigation. Elements Used in Grading: Class assignments and final exam.
Terms: Spr
| Units: 3
LAW 301:
Labor Law
This course will consider the fundamental legal principles affecting collective labor relations in the private sector workplace, with particular attention to the National Labor Relations Act. Students will consider the strategies adopted by labor groups, employers, and legal actors in response to evolving economic and social conditions. The course will emphasize union organizing, the collective bargaining process, and related topics, including the scope of statutory coverage, interference with union rights, elections, negotiations, strikes, picketing, secondary boycotts, arbitration, and individual employee rights in the labor-management context. There is no prerequisite for the course. Special Instructions: Regular, punctual attendance is required. If you expect (or are unexpectedly forced) to miss more than two classes, please consult with the instructor as soon as possible, as exceptions will be considered on a case-by-case basis. Elements used in grading: Final Exam. 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. Class is cancelled on Thursday, April 3rd. A makeup class will be held from approximately 12:30-2 p.m. on Friday, April 18th at which a (free) lunch will be served.
| 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.nnSpecial Instructions: This course can satisfy either the Writing "W" or Research "R" requirement. The instructor and the student must agree whether the student will receive "W" or "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.nnThis course is cross listed with Program in Writing and Rhetoric (PWR 194).nnElements used in grading: Class participation, attendance, assignments, final paper.nnAutomatic grading penalty waived for writers. Writing (W) credit is for 3Ls only. This course is open to first year Law School students.
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 a presentation 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, which will satisfy the writing requirement. 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. Writing (W) credit is for 3Ls only. 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 (see Stanford Non-Law Student Course Registration). Elements used in grading: Class participation, attendance, written assignments, final paper, short reflection papers and class presentation.
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 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, the function and meaning of codes versus precedent, constitutional courts, judicial review, and criminal procedure and punishment. 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, church and state, and the relationship between European institutions, on the one hand, and national legal systems, on the other.
| Units: 2-3
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, Fifth, and Sixth Amendment rules regulating the police in these endeavors. It also incorporates some of the new statutory law of investigation under the USA Patriot Act and other laws relating to national security. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.)
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.
Terms: Spr
| Units: 4
LAW 317:
The Criminal Trial Jury
This seminar, which is taught by a local state court judge, 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 the practical importance of plea bargains as an alternative to jury trials. Students will observe portions of actual jury trials occurring at the Palo Alto Superior Court courthouse. 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. The course will culminate in a discussion of potential reforms to the jury system, with each student proposing a reform based on his or her in-person observations and review of the relevant literature.nnThis course will combine a 2 hour seminar with a mandatory 1 hour per week ¿practicum¿ involving time spent at court.nnSpecial Instructions: Grades will be based on class participation and Option 1 (section 01) a series of short assignments; or Option 2 (section 02) a final paper for Research ¿R¿ credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. nnElements used in grading: Class participation and a series of short assignments or a final paper.
Terms: Aut
| 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. Any student may write a paper in lieu of the final exam with consent of instructor. 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. This course is cross-listed with HISTORY 152 (consent of instructor required) & HISTORY 352B. Automatic grading penalty waived for writers. Elements used in grading: Final exam or paper. (Cross-listed as HIST 352B)
Terms: Spr
| 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 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.nElements used in grading: Class participation an final exam.
Terms: Win
| Units: 3
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
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 324:
Intellectual Property: Copyright
Copyright law protects music, film, video games and books, software, dance, architecture, design and dozens of other forms of creative work. This course examines all of the traditional corners of copyright doctrine, and also the challenges and opportunities--from BitTorrent to iTunes and beyond--that the Internet presents for the exploitation of copyrighted works, online and off. nThere are no prerequisites for this class.
Terms: Aut
| Units: 3
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
This course is a comprehensive introduction to patent law, the patent system, and the way patents are deployed by businesses and other patent owners. We cover the core concepts of U.S. patent law, as they relate to (1) patent validity; (2) infringement; and (3) remedies. We draw on traditional case law under the 1952 Patent Act, as well as recent legislation (particularly the America Invents Act of 2011) and contemporary case law (both Federal Circuit and Supreme Court). We will emphasize two main themes: (a) practical aspects of the patent system, of interest to inventors, entrepreneurs and patent owners; and (b) issues that pose challenges to the patent system, such as the purchase and sale of patent portfolios and current trends in patent litigation.
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.nnElements used in grading: Class Participation, Attendance, Written Assignments, Final Paper
Terms: Win
| Units: 4
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.
Terms: Win
| 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
The course will provide an introduction to the international protection of human rights. In addition to the history and theoretical framework of human rights, the course will discuss the various charter-based and treaty-based mechanisms of the United Nations (Human Rights Council, Human Rights Committee and other treaty bodies) and relevant regional organizations, above all the Council of Europe, the Organization of American States, and the jurisprudence of the European and Inter-American Courts of Human Rights. Human Rights will also be put in the broader context of international peace, human security, and human development.nConsent 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.nElements used in grading: Class participation, attendance, written assignments, final research paper or final exam.
Terms: Win
| 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
Theories and research on heuristics and biases in human inference, judgment, and decision making. Experimental and theoretical work in prospect theory emphasizing loss and risk aversion. 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. Special Instructions: This course is part of the Master in Public Policy (MPP) Core Curriculum. Instructors in the MPP core curriculum will assume that students are familiar with calculus, intermediate undergraduate microeconomics, and introductory statistics and probability. Ideally, student preparation will equal or exceed the material covered currently at Stanford in Math 41, Econ 1 102A or Stat 60, and Economics 50. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, midterm exam, and final paper. This course is cross-listed with School of Humanities & Sciences (Cross-listed as PUBLPOL 305A and IPS 207A).
Terms: Spr
| Units: 4
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 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.
Terms: Aut
| 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. A written problem will be distributed during each week of the Quarter. During the course of the Quarter, each student is responsible for submitting a series of written memos (three-to-five pages each) analyzing and resolving five of these problems. Each memo will be due two weeks after the problem is distributed. (Thus, by the end of the course, each student will have written on his or her choice of five of the nine problems distributed.) Special Instructions: Grades will be based on the memos submitted, with the instructor retaining the right to take class participation into account. Attendance is mandatory. Elements used in grading: Class participation, attendance and written assignments.
Terms: Spr
| Units: 3
LAW 335:
Legal Ethics
This course is a survey overview of the American legal profession, some of its leading institutions and fields of practice, and the ethical, legal, and administrative regimes that govern the practice of law. Topics will include overviews of the history and sociology of the profession; the role of lawyers as advocates in the adversary system, as counselors and as gatekeepers; obligations to clients, courts, adversaries, and third parties; obligations of competence, loyalty, and confidentiality; and modes of regulation.nThe course is in part designed to satisfy the American Bar Association's requirement that every law student have some instruction in professional responsibility and legal ethics. The course provides an introduction to and an overview of the ABA's Model Rules of Professional Conduct. (Most of the states - California is the major exception - base their ethics codes largely on the Model Rules, with modifications varying from state to state.) But the course also reflects the view that it is of limited use to learn the ethics rules in the abstract. Lawyers in different practice contexts face very different pressures and incentives to engage in unethical conduct; and develop very different norms and customs about how to interpret the rules. In any case, as we'll see, the Rules are wholly inadequate guides to practice. They are silent or vague on many of the important dilemmas lawyers face and they are only one of many sources of law governing lawyers.nThe "legal profession" is really many different sub-professions, segmented by education, practice institutions (e.g. large firms v. small and solo practices), practice specialties, and types of represented parties (e.g. plaintiffs or defendants, individuals or corporate entities, governments or private parties). Much of this course is given to descriptions and analyses of some of these various practices and of the organizations and incentives that structure lawyers' work. So, for example, we will be looking at large law firms representing and counseling corporate clients; plaintiff's lawyers representing individuals in personal-injury tort or mass-tort class-action litigation; prosecutors and criminal defense lawyers; and "public interest" lawyers.nCourse requirements may be satisfied in one of two ways: (1) A take-home examination given at the end of the course; or (2) A research paper on a topic within the scope of the course, based in significant part on primary source materials. A maximum of 10 students will be permitted to write the paper for R credit. After the term begins, 10 students may 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 research paper for R credit, a lottery will be run to determine the 10 students accepted in section (02).nElements used in grading: Attendance, class participation, take-home exam or research paper. nPreference for 3Ls.
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, and legal education. Special attention will also focus on the profession's public obligations in areas such as access to justice and pro bono service.nSpecial 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).nBecause this class is designated as fulfilling the Ethics requirement (and a W or R requirement) and substantially oversubscribed, admitted students are asked out of courtesy to those on the waitlist to commit to whether they are taking the course by the end of the second class.nElements used in grading: Attendance, class participation, short reflection essays on the readings and short research paper.nPreference will be given to 3Ls. This course is open to first-year Law School students. Writing (W) credit is for 3Ls only.
Terms: Win
| Units: 3
LAW 337:
Intellectual Property: Trademark and Unfair Competition Law
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).nElements used in grading: Class participation and attendance, course exercises and written assignments.
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.
Terms: Spr
| 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 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, the Family and Medical Leave Act, 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.nSpecial Instructions: Regular, punctual attendance is required. If you expect (or are unexpectedly forced) to miss more than two classes, please consult with the instructor as soon as possible, as exceptions will be considered on a case-by-case basis. 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. Elements used in grading: Final Exam
Terms: Aut
| Units: 3
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.
Terms: Win
| Units: 2
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 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.nSpecial Instructions: Students may enroll in this seminar for either W or R credit. You may write a series of short commentaries on the guest speakers' papers, of which there will be four. This will satisfy the Law School's Writing requirement. 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.nThere 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).nThis seminar is cross-listed with the Economics Department (same as Econ 354). This course is open to first-year Law School students. Writing (W) credit is for 3Ls only. 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
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.nSpecial Instructions: Students may enroll in this seminar for either W or R credit. You may write a series of short commentaries on the guest speakers' papers, of which there will be four. This will satisfy the Law School's Writing requirement. 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.nThere 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).nThis seminar is cross-listed with the Economics Department (same as Econ 354).n Elements used in grading: Four commentaries or one research paper.nWriting (W) credit is for 3Ls only. 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
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.nSpecial 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. Automatic grading penalty waived for writers.nElements used in grading: Class participation, attendance, written assignments and final paper.nWriting (W) credit is for 3Ls only.
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
Representations of law in 20th-century American film, particularly Westerns, gangster films, and courtroom dramas. Themes 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 law and culture. Convergence of narrative, visual, aural, and dramatic practices in legal proceedings and cinematic productions.
Last offered: Winter 2009
| 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.
Terms: Win
| Units: 3
LAW 348:
Health Care Regulation, Finance and Policy
This course provides the legal, institutional, and economic background necessary to understand the financing and production of health services in the U.S. Potential topics include: health reform, health insurance (Medicare and Medicaid, employer-sponsored insurance, the uninsured), medical malpractice and quality regulation, pharmaceuticals, the corporate practice of medicine, regulation of fraud and abuse, and international comparisons. nThe syllabus for this course can be found at https://syllabus.stanford.edu. nThis class is crosslisted with HRP 391, PublPol 231, and MGTECON 331.nElements used in grading: Participation, attendance, class presentation, and final exam.nThis course is open to first-year Law School students.
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. nnCovered 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. nnIn 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.nnElements used in grading: Class participation and exam.
Terms: Aut
| Units: 3
LAW 351:
Corporate Income Taxation
Overview of the fundamental tax rules and principles regarding the taxation of domestic corporate entities. Course will address choice of entity (C corporation, S corporation and non-corporate pass-through entities), capital structure and formation issues, corporate operations, including cash and property distributions and shareholder exit transactions. Approximately half of the course will be devoted to taxable and non-taxable acquisitions, dispositions and reorganizations, including planning and structuring strategies; a portion will address current tax policy considerations. The student's final grade will be based on a final exam, although class participation may improve a student's grade. Elements used in grading: Class Participation, Final Exam.
| Units: 3
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.nnElements used in grading: Final exam
Terms: Win
| Units: 4
LAW 355:
Taxation I
This class teaches the fundamentals of the federal income tax as applied to individuals. It considers what is taxed as income and what is deductible, timing issues, and the taxation of capital gains and losses. The class considers the politics of tax reform as well as fundamental policy issues, such as whether the income tax should be progressive or a flat tax or whether alternative tax systems (like a consumption tax) would be a better way to pay for the federal government. It also considers a variety of issues relating to tax avoidance. Elements Used in Grading: Final Exam
Terms: Spr
| Units: 5
LAW 355:
Taxation I
This course provides an overview of the federal income tax.nnElements use in grading: Class participation and final exam.
Terms: Aut
| 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 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. nSpecial Instructions: Grades will be based on either (A) class participation and memos responding to the discussion questions for any five of the sessions or (B) class participation and a research paper on a topic of your choosing (subject to our approval). Option A is Writing (W) credit and 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.nElements used in grading: Class Participation, attendance and written assignments.nSee "Special Instructions" in course description above. Writing (W) credit is for 3Ls only.
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.
Terms: Win
| 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.
Terms: Spr
| 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 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 368:
Law and Biosciences: Neuroscience
(Same as HRP211) This seminar examines legal, social, and ethical issues arising from advances in the biosciences. This year it will focus exclusively 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 seminar in past years may receive additional credit for taking this year's class.
| Units: 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 372:
Legal History Workshop
(Same as HISTORY 307A). 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 presents his or her current research for discussion. Speakers are chosen not only for the quality of their work, but also with the aim of exposing students to a broad array of topics and methodologies within legal history. In the week prior to a given speaker's presentation, the class meets as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students then read the speaker's paper in advance of the following week's workshop presentation.
| Units: 2-3
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.
| Units: 3
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?nnElements used in grading: Class participation, attendance, final exam.
Terms: Aut
| 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 393:
Remedies
The remedy is arguably the most important part of any lawsuit, and often the most neglected. This course considers the question of what plaintiffs are entitled to when they win a case and why. It will cover damages, punitive damages, restitution, unjust enrichment, and injunctive relief. While we will consider public remedies in constitutional cases, the majority of the course will focus on remedies in private law civil actions.
Last offered: Autumn 2012
| 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).
Terms: Aut
| Units: 3
LAW 397:
Law and Economics of Death Penalty
This course 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. This course is open to first-year Law School students. Elements used in grading: Written assignments and final paper.nWriting (W) credit is for 3Ls only.
Terms: Win
| 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 instructornDirected 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: ;
Alexander, J. (PI);
Bankman, J. (PI);
Brodie, J. (PI);
Cole, G. (PI);
Dauber, M. (PI);
Engstrom, N. (PI);
Fina, S. (PI);
Fisher, G. (PI);
Goldstein, P. (PI);
Grundfest, J. (PI);
Guttentag, L. (PI);
Hensler, D. (PI);
Ho, D. (PI);
Kessler, D. (PI);
Klausner, M. (PI);
Lemley, M. (PI);
Martinez, J. (PI);
McConnell, M. (PI);
Meyler, B. (PI);
Persily, N. (PI);
Petersilia, J. (PI);
Rhode, D. (PI);
Russell, K. (PI);
Sassoubre, T. (PI);
Sivas, D. (PI);
Spaulding, N. (PI);
Triantis, G. (PI);
Weisberg, R. (PI);
Abarbanel, S. (GP);
Brown, G. (GP);
Pualuan, M. (GP)
LAW 401:
Venture Capital II
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. You will be required to present a business plan to a panel of 3-4 people, at least one of which will be Dan Siciliano or John Rodkin. The presentation, including Q&A, should be approximately 60 minutes. In addition to the oral presentation (with accompanying slides), you'll need to turn in a written mini-plan (executive summary, lead generation, sales, and marketing) (no more than 5 pages), a capitalization table (current and after at least two more future rounds of financing), a long term financing plan with corresponding milestones for each round of investment, and written follow-up for any unanswered questions during the presentation. (Don't worry if you don't yet understand all of these terms - that's why we have the course!). 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. Special Instructions: Prerequisites: QM Finance or equivalent modest background in finance and Venture Capital (or Venture Capital I) are recommended but not strictly required. Elements Used in Grading: Class participation (10%), several short reflection papers and/or short problem sets (25%), and a 60 minute oral business plan presentation with accompanying slide deck and written business plan (65%).
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 the Autumn and Winter terms. Autumn term will be dedicated to brief writing and completion of the written portion of the Competition; the oral 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 as class attendance is not required Autumn term and students must only participate in scheduled oral arguments Winter term. nPrior 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 videotaping 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 score and oral advocacy score. The final round of the Competition is held before a panel of distinguished judges and the entire Law School community is invited to attend. nSpecial 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 in the Spring. 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. nEnrollment in both the Autumn and Winter terms is required. The final grade for both the Autumn and Winter terms, and the Writing and Professional Skills credit will be awarded upon the completion of the course in the Winter Term. nConsent Instructions: Instructions on how to register for Moot Court competition are sent out to students each year in spring quarter for the coming academic year.nWriting (W) credit is for 3Ls only.nElements used in grading: Attendance and written assignments.
Terms: Aut
| Units: 2
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 the Autumn and Winter terms. Autumn term will be dedicated to brief writing and completion of the written portion of the Competition; the oral 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 as class attendance is not required Autumn term and students must only participate in scheduled oral arguments Winter term. nPrior 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 videotaping 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 score and oral advocacy score. The final round of the Competition is held before a panel of distinguished judges and the entire Law School community is invited to attend. nSpecial 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 in the Spring. 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. nEnrollment in both the Autumn and Winter terms is required. The final grade for both the Autumn and Winter terms, and the Writing and Professional Skills credit will be awarded upon the completion of the course in the Winter Term. nConsent Instructions: Instructions on how to register for Moot Court competition are sent out to students each year in spring quarter for the coming academic year.nElements used in grading: Attendance and written assignments.
Terms: Win
| Units: 1
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 Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.nElements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404C:
Foreign Legal Study: Centro de Investigación y Docencia Económicas
This course is for J.D. students who have been approved by the Law School to study at Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.nElements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
LAW 404E:
Foreign Legal Study: European University Institute
This course is for J.D. students who have been approved by the Law School to study at Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.nElements used in grading: Satisfactory evaluation of course work at the exchange institution.nThis course is for J.D. students who have been approved by the Law School to study at Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.
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 Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.nElements 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 Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.nElements 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 Bucerius Law School (Hamburg, Germany), European University Institute (Florence, Italy), Waseda University Law School (Tokyo, Japan), CIDE - Centro de Investigación y Docencia Económicas (Mexico City, Mexico), Peking University Law School (Beijing, China), or the National University of Singapore (Singapore). See SLS Foreign Legal Study Exchange Program at http://www.law.stanford.edu/program/centers/spil/foreign_study/ for details.nElements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut, Win, Spr
| Units: 9-14
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: 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 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%).
Terms: Aut
| Units: 2
LAW 408A:
Criminal Defense Clinic: Clinical Practice
Students in the Criminal Defense Clinic will represent indigent criminal defendants in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students will be California Bar Certified and thus will be bound by the rules and ethics of the profession, notably zealous advocacy on behalf of clients. Students will take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with the prosecutor, drafting and arguing motions, and trying cases before judges and juries. Common charges include drug possession, public order offenses, assault, theft, and weapons possession. While students will have primary responsibility for all aspects of their cases, all trial work will be closely supervised.nnIn addition to casework, there will be weekly workshop sessions. These classes will focus both on case-rounds and on broader systemic issues. The goal of the clinic is to train students how to try a criminal case from beginning to end while engaging in thoughtful reflection on the role of the criminal defense attorney in the criminal justice system. 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.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements used in grading: Class participation, attendance, written assignments and case work and professionalism.nnWriting (W) credit is for 3Ls only.
Terms: Aut, Win
| Units: 4
LAW 408B:
Criminal Defense Clinic: Clinical Methods
Students in the Criminal Defense Clinic will represent indigent criminal defendants in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students will be California Bar Certified and thus will be bound by the rules and ethics of the profession, notably zealous advocacy on behalf of clients. Students will take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with the prosecutor, drafting and arguing motions, and trying cases before judges and juries. Common charges include drug possession, public order offenses, assault, theft, and weapons possession. While students will have primary responsibility for all aspects of their cases, all trial work will be closely supervised.nnIn addition to casework, there will be weekly workshop sessions. These classes will focus both on case-rounds and on broader systemic issues. The goal of the clinic is to train students how to try a criminal case from beginning to end while engaging in thoughtful reflection on the role of the criminal defense attorney in the criminal justice system. 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.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements used in grading: Class participation, attendance, written assignments and case work and professionalism.nnWriting (W) credit is for 3Ls only.
Terms: Aut, Win
| Units: 4
LAW 408C:
Criminal Defense Clinic: Clinical Coursework
Students in the Criminal Defense Clinic will represent indigent criminal defendants in a wide range of misdemeanor cases in Santa Clara and San Mateo counties. Students will be California Bar Certified and thus will be bound by the rules and ethics of the profession, notably zealous advocacy on behalf of clients. Students will take the lead role in all aspects of case development, including interviewing clients and witnesses, investigating facts, developing case strategy, negotiating with the prosecutor, drafting and arguing motions, and trying cases before judges and juries. Common charges include drug possession, public order offenses, assault, theft, and weapons possession. While students will have primary responsibility for all aspects of their cases, all trial work will be closely supervised.nnIn addition to casework, there will be weekly workshop sessions. These classes will focus both on case-rounds and on broader systemic issues. The goal of the clinic is to train students how to try a criminal case from beginning to end while engaging in thoughtful reflection on the role of the criminal defense attorney in the criminal justice system. 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.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements used in grading: Class participation, attendance, written assignments and case work and professionalism.nnWriting (W) credit is for 3Ls only.
Terms: Aut, Win
| Units: 4
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.
Terms: Spr
| Units: 3-4
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 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.nn 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. nnSpecial Instructions: A Directed Writing project may count as the equivalent of a "W" (Writing - For students entering prior to Autumn 2012) course with the approval of the supervising faculty member. A Directed Writing project may not count as the equivalent of a "PW" (Professional Writing - For students entering Autumn 2012 and thereafter) course.
Terms: 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.
Terms: Aut, Win, Spr
| 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.
Terms: Aut
| 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.
Terms: Aut, Win
| 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.
Terms: Aut, Win
| 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 Olin-Searle 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 responsibility will be to identify and code patent plaintiffs by type. Though voluntary, Professor Lemley and Dr. Miller will encourage and aid students in utilizing this experience and the database for their own scholarly work. 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, 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 instructors. See Consent Application Form for submission deadline.
Terms: Aut, Win, Spr
| Units: 2
| 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.nElements used in grading: Class Participation, Attendance, Written AssignmentsnConsent 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 dhensler@law.stanford.edu and janmartinez@law.stanford.edu. See Consent Application Form for submission deadline.
Terms: Aut, Win
| 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.
Terms: Aut, Win
| 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.
Terms: Win, Spr
| 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.
Terms: Aut, Win
| 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.
Terms: Win, Spr
| Units: 2
| 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.
Terms: Aut, Win
| 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.
Terms: Aut, Win
| Units: 2
| Repeatable
4 times
(up to 8 units total)
LAW 413N:
Policy Practicum: Court Online Mediation Service Practicum
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 the San Mateo Superior Court develop and implement an online mediation process for the Small Claims and Family Law divisions. Students will work with the instructor, Court staff and Modria Inc. (a mediation software provider that is donating the technological platform we will be using), as well as other relevant stakeholders. The students will transform the off-line mediation process to an online flow (including procedural simplification and adaptation), creating the supporting legal and procedural educational materials for disputants and mediators, and developing an evaluation protocol to measure the success of the program and inform its future improvement. Special Instructions: Enrollment in Thinking Like a Policy Analyst (Law 444) strongly encouraged. Preference given to students who have taken LAW 615 Negotiation, LAW 613 Dispute System Design, LAW 545 ADR Law Policy & Practice, or demonstrate substantial equivalent coursework or experience in ADR, or law and technology. 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. 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, Attendance, Written Assignments.
Terms: Aut
| 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. 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, 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.
Terms: Win, Spr
| 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.
Terms: Win
| 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.
Terms: Win
| 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.
Terms: Spr
| Units: 2
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.
Terms: Win, Spr
| Units: 2
| Repeatable
2 times
(up to 8 units total)
LAW 413T:
Policy Practicum:Human Rights & Conditions of Detention in the Americas in the Inter-American System
In this practicum, students will contribute to an analysis of the current state of human rights and the criminal justice system in one or more countries in the Americas, with particular attention to pretrial detention and prison overcrowding, with particular attention to pretrial detention and prison overcrowding. Students will become familiar with international and regional standards in human rights and, in particular, on pretrial detention and prison conditions. Working independently and/or in teams, they will prepare short reports on violations as well as best practices across the region, with a focus on issues affecting persons deprived of liberty. 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 Spring and Fall of 2014. Priority will be given to students who can commit to registering to this practicum for both quarters. Special Instructions: Upon consent of the instructor, students may enroll for 3 units or 4 units with additional assignments. Students who are concurrently enrolled in a clinic full time may petition to enroll in the practicum for one unit. Class must be taken for at least two units to meet the PW requirement. Elements used in grading: Class Participation, Attendance, Written Assignments. 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.
Terms: Spr
| Units: 1-4
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.
Terms: Spr
| Units: 1-3
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. Writing (w) credit is for 3Ls only.
Terms: Aut, Win, Spr
| Units: 2-7
LAW 419:
Three Strikes Project: Criminal Justice Reform & Individual Representation
This seminar offers a unique opportunity to study criminal justice reform in real time. California's "Three Strikes and You're Out" sentencing law is one of the most infamous criminal laws in America. Last year, California voters enacted an overhaul of the recidivist sentencing law ("Proposition 36")-prompted by work conducted by SLS students enrolled in the Three Strikes Project. In this seminar, students will read and discuss a variety of cases and articles, examining the evolution of the Three Strikes statute as a case study in the history, politics, practical considerations and legal regulation of sentencing in the United States. In addition to studying the law, students will have an opportunity to test their skills in the field, assisting in the representation of inmates currently serving life sentences under the Three Strikes law and hoping to win release under Prop. 36. Students will visit the client in prison, conduct factual investigation in the field, and draft petitions on the client's behalf. Students will also contribute to ongoing policy work to ensure the effective implementation of Prop. 36. The Three Strikes 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 both study the theory behind the law, and to hone practical litigation and advocacy skills in and out of the courtroom. In Autumn Quarter and Spring Quarter, 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. In Winter Quarter, the class will meet for a weekly "case rounds" session. 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. Students who have already completed one quarter of study in the Three Strikes Project may apply to enroll in the seminar for an additional two units of credit in Winter Quarter 2014. Consent Application: Interested students must apply to enroll in the seminar by sending a one-page statement of interest and resume to Mike Romano (mromano@stanford.edu). Applications will be considered on a rolling basis.
Terms: Aut, Win, Spr
| Units: 3
| Repeatable
2 times
(up to 5 units total)
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. Writing (W) credit is for 3Ls only.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
2 times
(up to 14 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
Terms: Win
| 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.nnElements used in grading: Class participation and final exam.
Terms: Aut
| 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.nOpen to first-year Law School students with prior instructor approval.nSpecial 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.nElements used in grading: Exam or paper and class participation
Terms: Win
| Units: 3
LAW 430:
Trusts and Estates
This survey course will cover issues related to: intestacy; will execution and revocation; will provisions and interpretations; restrictions on the right to devise; probate; creation of trusts; revocable and irrevocable trusts; trust provisions; charitable trusts; trust administration; and substitutes and conservatorships.nElements used in grading: Exam
Terms: Aut
| Units: 2
LAW 432:
Hot Topics on Major Federal Environmental Statutory Schemes
This workshop seminar will provide students with the opportunity to examine and critique cutting-edge research and work in the field of environment, energy, and natural resources. 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.nSpecial Instructions: Grades will be based on class participation and; Option 1 (Section 01, 2 units) - You will receive a course credit if you choose to write reflection/discussion papers. Grading for this option is Mandatory P/R/F. Option 2 (Section 02 or 03, 2-3 units) - Students will have the option, to write reflection/discussion papers and a longer paper for Research (R) credit or Writing (W) credit, with consent of the instructor. If the longer paper involves independent research, then it is eligible for "R" credit. The instructor and student must agree whether the student will receive "R" credit or "W" credit. Students approved for "R" credit will be enrolled in Section 02 for 2-3 units depending on paper length, student approved for "W" credit will be enrolled in Section 03 for 2 units. Writing (W) credit for 3Ls only. Grading for this option is H/P/R/F.nElements used in grading: (1) Class participation and reflection/discussion papers (2) Class participation, reflection/discussion papers and longer papers for Writing/Research students.
Terms: Aut
| Units: 2-3
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 for "W" (Writing credit) 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.
Terms: Spr
| Units: 2
LAW 436A:
Supreme Court Litigation Clinic: Clinical Practice
he 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.nThe 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.nThe 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.nIdeally 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.nSpecial instructions: nGeneral Structure of Clinical CoursesnThe 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.nStudents 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.nClinic 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.nThe 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.nEnrollment 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.nThe 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.nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nElements use in grading: Written work, editing of other student's written work, attendance, class and moot court participation.nWriting (W) credit is for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 436B:
Supreme Court Litigation Clinic: Clinical Methods
he 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.nThe 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.nThe 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.nIdeally 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.nSpecial instructions: nGeneral Structure of Clinical CoursesnThe 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.nStudents 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.nClinic 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.nThe 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.nEnrollment 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.nThe 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.nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nElements use in grading: Written work, editing of other student's written work, attendance, class and moot court participation.nWriting (W) credit is for 3Ls only.
Terms: Aut, Spr
| Units: 4
LAW 436C:
Supreme Court Litigation Clinic: Clinical Coursework
he 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.nThe 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.nThe 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.nIdeally 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.nSpecial instructions: nGeneral Structure of Clinical CoursesnThe 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.nStudents 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.nClinic 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.nThe 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.nEnrollment 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.nThe 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.nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nElements use in grading: Written work, editing of other student's written work, attendance, class and moot court participation.nWriting (W) credit is for 3Ls only.
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 in the United States. Among the many issues that we will consider are: alternative means of responding to the growing worldwide demand for water; 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 Endangered Species Act and the "public trust" doctrine); Indian water rights; 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: Spr
| Units: 3
LAW 439:
Criminality and the Carceral State: Interdisciplinary Perspectives and Current Controversies
This course will consider the breadth and limitations of democracy within the lens of American incarceration. In particular, we'll consider how various entities (the court, juries, the legislature, or the populace) are empowered with decision-making within the framework of the criminal justice system. Our central question will be: How does - and how should - the democratic process affect the criminal justice system? Classes will cover the following topics and more: theories of punishment; the judiciary and discretion in sentencing; jury nullification and clemency; districting and political representation; felon disenfranchisement, ballot initiatives; mental health law, privacy and prisons; prisons in China, death penalty jurisprudence; and the privatization of prisons. Each student will be responsible for leading one three-hour class at San Quentin State Prison to a blended class of Stanford and 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. In addition, attendance at a training held by the Prison University Project is mandatory. Class will meet on Sundays from 2:00 - 5:00pm. Elements use in grading: Class participation, attendance 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 and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Terms: Spr
| 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 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.
Terms: Aut, Win
| 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.
Terms: Win
| 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 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. In the last ten years, 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. nElements used in grading: Class participation, writing assignments and papers.nThis course is open to first-year Law School students. Writing (W) credit is for 3Ls only.
Terms: Win
| Units: 2-3
LAW 453A:
State-Building and the Rule of Law Workshop: Advanced (ALEP)
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.
Terms: Win, Spr
| 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.
Terms: Win, Spr
| 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 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.
Terms: Win, Spr
| 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 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.
Terms: Win, Spr
| Units: 3
LAW 455:
Energy Law
The supply of a reliable, low-cost, clean energy supply for the United States is a key determinant of current and future prosperity. Perhaps as a result, electricity suppliers are among the most heavily regulated of large firms. This regulation is composed of a complex patchwork of overlapping state and federal jurisdiction that has and is evolved to meet emerging challenges to the energy system.nIn this course, students will acquire a basic understanding of the law of rate based regulation of monopolies. We will then examine the history of natural gas regulation in the United States, concluding with restructuring and the introduction of market competition into transmission of natural 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. We will then focus on various attempts at reform of both rate-regulated and wholesale market-based structures. In particular, we will examine various attempts to introduce market competition into various aspects of the industry and to strengthen incentives for utility investment in energy efficiency. Finally, students will examine various approaches to subsidization of renewable energy.nThroughout, the course will focus on the sometimes cooperative, sometimes competing, but ever evolving federal and state roles in regulating the supply of electric power.nStudents will write two 1000 word response papers to questions related to readings and outside speakers in addition to taking a final exam.nElements used in grading: Class participation (20%), written assignments (40%), and final exam (40%).nThis course is open to first-year Law School students.
Terms: Win
| 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.
Terms: Aut
| Units: 3
LAW 465:
Venture Capital I
This course introduces the operation of the venture capital industry from both a theoretical and practical perspective. The course follows the start-up process from initial formation of a new High-Tech venture through its private capitalization, the navigation of typical operational or strategic hurdles/milestones, and potential exit through merger or initial public offering. It analyzes each step in the process from perspective of the entity, of the founder-employees, and of the venture backers. It also considers 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, offer a written analysis (in short pieces) related to speaker perspectives concerning the venture capital process, and sit for an examination. Speakers include visitors from practice with extensive experience in the VC, M&A, and the business formation process. nSpecial Instructions: QM: Finance (Law 467) (or a modest background in financial analysis) is a prerequisite for this class.nElements used in grading: Class assignments and final exam.
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 some 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. nThe course is intended to provide students with 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. nSpecial 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.nElements used in grading: Class participation, written assignments and final exam.nThis course is open to first-year Law School students.
Terms: Win
| Units: 2
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 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. Elements Used in Grading: Class participation, attendance, assignments, final paper.
Terms: Spr
| 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 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 15 page paper at the end of the course.nnElements 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. (See Law 474 and Law 475). 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, 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 must concurrently participate in either (1) the Externship Companion Seminar (see Law 472) via remote technology or (2) 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/program/centers/pip/externship/. Students wishing to enroll in an externship must meet the various requirements that are set out in the Handbook. Interested students should speak to Betsy de la Vega, Lecturer in Law and Director of Externship and Pro Bono Programs at delavega@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 no less than 15 pages.
Terms: Aut, Win, Spr
| Units: 12
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/program/centers/pip/externship/. Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Interested students should speak to Betsy de la Vega, Lecturer in Law and Director of Externship and Pro Bono Programs at delavega@law.stanford.edu. Students participating in the Civil SEP must also enroll in the Externship Companion Seminar during the 2014 spring term. In some cases, where other seminars would be more appropriate companion courses for a student's placement, the student can request to substitute the seminar for the standard 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 reflection paper of no less than 15 pages.
Terms: Aut, Win, Spr
| Units: 5-12
Instructors: ;
Ahrens, J. (PI);
Bankman, J. (PI);
Chin, D. (PI);
Ford, R. (PI);
Hensler, D. (PI);
Jensen, E. (PI);
Siciliano, D. (PI);
Sonnenberg, S. (PI);
Studdert, D. (PI);
Triantis, G. (PI);
Wara, M. (PI);
de la Vega, E. (PI);
van Schewick, B. (PI)
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. Students participating in the Criminal SEP must also enroll in the Externship Companion Seminar during the 2013 fall term. In some cases, where other seminars would be more appropriate companion courses for a student's placement, the student can request to substitute the seminar for the standard course in the application process. 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/program/centers/pip/externship/. Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Interested students should speak to Betsy de la Vega, Lecturer in Law and Director of Externships and Pro Bono programs at delavega@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 no less than 15 pages.
Terms: Aut, Win, Spr
| Units: 5-12
LAW 479:
International Law
This course provides a general introduction to international aspects of modern legal practice, including both public and private international law. It is intended to provide students who might not take any other courses in international law with the basic minimum knowledge necessary to practice in today's global environment; it is also a good first class for students who intend to pursue more advanced study in particular aspects of public or private international law. Case studies focus on a variety of issues including human rights, environment, terrorism, trade and commercial law. Themes of the course include the role of 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. Elements used in grading: Class participation, written assignments and final exam.
Terms: Spr
| Units: 3
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.
Terms: Spr
| 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. 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.
| Units: 3
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 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 487:
The Financial Crisis
This class will focus on the evolution of the financial crisis and the implications for the future of financial markets and the economy. Part of the course will concern the history of the financial crisis, from 2008-12, including policy responses. The rest will focus on current events. There will be a number of guest speakers, either live or by Skype. Last year's list included Tanya Beder, John Geanakoplos, Bob Joss, Tom Kempner, Ken Rogoff, Larry Summers, Kevin Warsh, and Nancy Zimmerman. Myron Scholes participated in about half the classes. I assume that this year there will be a similar but not identical list.nnThis course is cross-listed with Graduate School of Business (MGTECON 343). Class will be taught at GSB.
Terms: Win
| Units: 3
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 examines both collective myths that capture relevant archetypal human tendencies and the personal myths along with the associated histories of individual lawyers. 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 Michael Guasperini, a Ph.D. 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.nElements used in grading: A series of reflection papers totaling at least 18-pages.nThis course is open to first-year Law School students. Writing (W) credit is for 3Ls only.
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.
Terms: Win
| Units: 3
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 for two quarters (Autumn and Winter). Students may sign up for one or both quarters, and will receive one credit for each quarter they are enrolled.nnEach 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, and to provide constructive oral feedback on others'. Attendance is mandatory (except of course for extenuating circumstances). Other faculty will participate on an informal basis when their expertise will be helpful for a particular paper. 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).nnWhether 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 Prof. Fried ahead of time.nnElements use in grading: Class participation and attendance.
Terms: Aut, Win
| Units: 1
| Repeatable
3 times
(up to 3 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).
Terms: Spr
| Units: 3-4
LAW 499:
Intellectual Property: Trade Secrets
Industry increasingly emphasizes technology as a means of achieving efficiency and competitive success. The law must provide an environment that encourages commercial investment in research, but that also protects an individual's right to change employment or compete directly with a former employer. This course is designed to explore the theoretical and practical aspects of protecting information as a trade secret. It will examine the basic legal doctrines and social issues which define this field, and will address the process of trade secret litigation. It will focus on a number of topics of current interest, such as state and federal legislation, "inevitable disclosure," non-competition agreements, corporate programs to protect trade secrets, and criminal sanctions." 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 presently significant schools of legal thought. The past schools of thought covered are Formalist Legal Science, Sociological Jurisprudence, American Legal Realism, and Legal Process. The more recent and still active movements include Law and Moral Philosophy, Law and Economics, Critical Legal Studies, Feminist Jurisprudence, Public Choice Theory, and Neo-formalism. The readings are drawn primarily from primary materials ¿ the important contemporary manifestos and critiques of the schools of thought studied, along with writings that involve their application or reveal their influence. 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?
| Units: 3
LAW 504:
International Business Negotiation
This course is structured around a quarter-long, simulated negotiation exercise which is intended to provide 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.nnThe course provides students with an opportunity to gain insight into the dynamics of negotiating and structuring international business transactions, to learn about the role that lawyers, law and business play in these negotiations, and to develop experience in drafting communications and actual negotiations. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements.nnThe 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.nnIn addition to the regular Monday class, classes will meet for the live negotiations on two Thursday evenings on-campus at 7:00 PM (10/24 and 11/7) and three Saturday mornings at 10:30 AM (10/12, 11/2 and 11/16) in the San Francisco office of DLA Piper (close to Montgomery St. BART station). Due to the Thursday and Saturday classes, this class will conclude on November 18.nnThe course will be limited by lottery to 12 students from SLS, with six additional slots held for students from engineering or business, provided that law students will be accepted if such slots are not filled by day of lottery.nnAttention Non-Law Students: Non-Law student enrollment in this course will be determined by a lottery. To bid for this course, you must complete and submit a Non-Law Student Course Add Request Form to the Law School Registrar's Office (room 100). For detailed enrollment instructions, see the Limited Enrollment Courses With Reserved Openings For Non-Law Students section of the Law School Registrar's website at: http://www.law.stanford.edU/school/ofHces/registrar/#stanford non-law student course registration.nnPrerequisites: 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. nnElements 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.
Terms: Aut
| 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.nElements use in grading: Class attendance, participation and final paper.nClass Schedule dates: Fri Oct 18, Sat Oct 19 and Sat Oct 26.
Terms: Aut
| 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:
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:
Clean Tech: Business Fundamentals and Public Policy
The course materials include case studies, book chapters, reports, homework exercises, videos, guests, and the presentation of final course projects.nnCOURSE OBJECTIVES: * Examine developments in the cleantech sector related to energy and carbon emissions. * Provide a framework for comparing the cost competitiveness of alternative energy solutions. * Examine current trends in public policy and regulatory initiatives related to carbon emissions and clean energy standards. * Understand challenges for the commercialization of new energy technologies. Examine strategies for avoiding the "Valley of Death."nnThis course is crosslisted with GSBGEN 532. Class taught at TBA.nnSpecial Instructions: This course is limited to 20 Law School students. Class will meet October 7 to October 18.nnElements used in grading: Class participation (35%), written assignments (25%) and paper (40%) that either provides a (rough) business plan or examines an existing business (or policy) initiative related to the cleantech sector.
Terms: Aut
| Units: 2
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).nnElements use 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.
Terms: Win
| 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 and Selection of Classes for Stanford Law Students) to the instructors. 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 Justice and Social Policy
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.nThe 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.nThe 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.nWritten Work. Each student will write two essays over the course of the quarter, about 13 pages each. Each of these essays will respond to a specific question I pose to you and the due dates will be contained in the course syllabus. The two questions will ask you to critically assess the issues, methods, and policy implications in the readings and class discussions.nElements used in grading: Final grades will be based on the two essays (40% each) and class participation (20%).nWriting (W) credit is for 3Ls only. nThis course is open to first-year Law School students.
Terms: Win
| 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.nnThere is no formal economics prerequisite to take this course, though some prior training in economics will be helpful.nnThis course is cross-listed with the Public Policy program (same as PublPol 302B).nnElements used in grading: Final exam. Midterm exam grade will be used to boost your final grade if you do better on the midterm exam than on the final exam.nnThe course is open to first-year Law School students.
Terms: Win
| Units: 4
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.
Terms: Spr
| 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: Spr
| 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.
Terms: Spr
| Units: 2-3
LAW 541:
Legal Profession Workshop: Deconstructing Big Law
Wondering what life in a large law firm will be like in this age of radical change in the delivery of legal services? How the new economics are shaping the structure and management of large law firms? How law firms are re-thinking professional development and advancement within firms? What the globalization of legal services portends for your future? The goal of the workshop is to bring research and practical experience to bear on helping you think about how to build a professional career in an era of professional change.
| Units: 3
LAW 545:
Alternate Dispute Resolution: Law, Practice, and Policy
Lawyers' representation of their clients increasingly calls for skills 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. Guests include third party neutrals and advocates from a range of contexts, including federal court, private mediation, private and public arbitration, and corporate legal counsel.
Last offered: Autumn 2012
| Units: 3
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 555:
The Plaintiffs' Lawyer: Institutional Constraints and Ethical Challenges
Plaintiffs' lawyers are the interpreters and gatekeepers of the civil justice system. They alone sift through possible claims and decide which will, or will not, be filed, and they alone shepherd personal injury clients through the baffling maze that is contemporary civil litigation. Because of their pivotal role, to study "the plaintiffs' lawyer" is to study many of the most controversial and important issues at the intersection of tort law, civil procedure, and legal ethics. In this course we will study who personal injury lawyers are, how they find clients, how they fund litigation, and how they steer 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, the development and impact of "alternative litigation finance," and the unique ethical and practical issues posed by class actions, aggregate actions, and multidistrict litigations (MDLs). The final segment of the course will involve a series of case studies, where students will have the opportunity to see the themes of the course echoed and expressed in recent real-world controversies. Specifically, we will study litigation involving the diet drug fen-phen, the pain reliever Vioxx, and Chevron's operations in the Ecuadorian rainforest. Elements Used in Grading: Class participation, reflection papers, final paper, and group presentation
Terms: Spr
| Units: 3
LAW 556:
Counterterrorism and the Law
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 Writing (W) or 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. This course is designed to complement Professor Janet Alexander¿s Terrorism and the Courts seminar (Winter term): there is no significant overlap between the courses, and neither is a prerequisite for the other. 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.
Terms: Spr
| 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.
Terms: Aut
| Units: 2-3
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.
Terms: Win
| Units: 3
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 explore 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 Compensation Fund, and the "Vaccine Court," housed within the Court of Federal 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 to seek relief. Finally, we will study the United States Supreme Court's own tort reform activity, including recent jurisprudence limiting punitive damages 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 important place tort law-and civil litigation more generally-occupies in contemporary American society. Special Instructions: Grades will be based on class attendance and participation and either section (01) several short reflection papers or section (02) an independent 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. Early drop deadline. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, attendance, reflection papers or research paper.
Terms: Spr
| 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, Policy and Constitutional Rights
This survey course will provide a foundation in immigration law, the system of admission and removal, and the constitutional principles governing the regulation of non-citizens. The course will also explore some selected topics concerning immigrants' rights and the normative values informing contemporary policies by drawing on the instructor's extensive experience litigating constitutional and civil rights issues on behalf of non-citizens throughout the country. After surveying the immigration system and constitutional principles, we will examine such topics as detention of immigrants; state and local immigration regulation; constitutional prohibitions on 'alienage' discrimination; access to the courts and habeas corpus for non-citizens; rights of undocumented workers; extraterritorial application of the Constitution; and Fourth Amendment issues arising in federal immigration enforcement. No prior course or background in immigration law is expected.nnElements used in grading: Class participation and attendance (15%), final exam (85%).nnThis course is open to first-year Law School students.
Terms: Win
| Units: 3
LAW 572:
Social Justice Impact Litigation: Issues and Strategies
This seminar will explore strategic and legal issues related to using law reform and social justice litigation to advance 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 background legal doctrine and practical problems. Among the issues that may be included are selecting and using test cases; strategic pleading; class action problems; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; settlement strategies; coalition litigation; use of public advocacy and media; the effect of lawsuits on policymakers and government officials; and litigation to achieve legislative change. Guest speakers may be invited. The seminar is not open to 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 seminar issues or guests. 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). 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 (50%) and written submissions (50%).
Terms: Spr
| Units: 2
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, regulation of sexual conduct, defining sexual identity, the Boy Scouts' policy, marriage and parenting rights of same-sex couples, among others). But we will also discuss other issues, including controversies about sex education and polygamy. We will maintain an interdisciplinary focus throughout as we consider how social, cultural, and political forces shape, and are shaped by, legal doctrine. Special attention will be paid to the unfolding debate on same-sex marriage as a case study in the contested role of courts as engines of social change. All students taking the seminar for 2 credits will write a final research paper of approximately 18 pages (for R credit). Students who wish to write a longer R paper (approx. 26 pages) may enroll in the seminar for 3 credits. Elements used in grading: Class participation and final paper.
Terms: Win
| 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.nElements used in grading: Class participation and exam.
Terms: Win
| Units: 4
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 decade, 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. In particular, investment arbitration under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) is booming, with some 419 arbitration and conciliation proceedings instituted under the ICSID Convention and Additional Facility Rules as of 31 December 2012. Due to the widespread geographical participation of states and private investors in investment arbitration, involving significant amounts of money in every conceivable investment sector-from oil, gas & mining, construction, transportation to the financial sector-the particularities and dynamics of investment treaty law and arbitration are becoming increasingly important to foreign investors, sovereign states, and the global economy that is increasingly fueled by foreign investment. nnThe rise of international investment law and arbitration has also bred 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. nnThis 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. As international investment law and investment arbitration is a dynamic, unsettled, and controversial body of law, this 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.nnElements used in grading: Class participation and final paper.
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:
Classical Islamic Law
The course explores legal interpretation in the classical Islamic tradition. It explores the factors that shaped the laws and role and nature of textual interpretation. The course also considers case-studies selected from among the following topics: gender, ritual, privacy, relations with non-Muslims, commercial law, and the obligation to forbid wrong and enjoin right. Elements used in grading: Participation (50%) and final paper (50%). (Cross-listed as RELIGST 201/301)
Terms: Spr
| Units: 4
LAW 588:
Sports Law
This seminar will examine the legal dimensions of the business of professional sports. Topics covered will include the history and evolution of sports leagues, the application of antitrust and labor law, drugs and sports, the rules governing sports leagues, and the relationships between owners, players, fans and the media. Labor Law (Law 301) is a prerequisite for this course.
| 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.
Terms: Win
| Units: 4
LAW 591:
Securities Regulation: Money-Raising, from Start-up through IPO and the Emerging Crowdfunding Market
A complex web of securities regulations governs the process by which businesses raise capital in the United States. This course reviews the legal regime governing capital formation, from angel financing and venture capital rounds that fuel start-up activity in Silicon Valley, through the initial public offerings (IPOs) by which companies "go public" (with special reference to the recent Twitter and Facebook IPOs), and reporting obligations that arise once firms are publicly traded. The course also explores pending "crowdfunding" regulations that might lead to retail "kickstarter-style" stock sales over the internet. At the opposite end of the capitalization spectrum, the course examines the "Rule 144A market" through which many of the world's largest entities raise billions of dollars a year in U.S. markets, without ever becoming subject to SEC public disclosure requirements. Special Instructions: If you have taken Law 559: Modern Securities Regulation (Sonsini) then you may not take Law 591: Securities Regulation (Grundfest). If you have taken Law 542: Modern Securities Fraud Litigation (Eth) you may take Law 591: Securities Regulation (Grundfest). Elements used in grading: Class attendance, participation and final exam.
Terms: Spr
| Units: 4
LAW 592:
Law and Race
This seminar explores the intersection of race with legal institutions in both historical and contemporary contexts. Given that the seminar is designed to culminate in a scholarly paper, much of the reading will consist of canonical law review articles and other forms of legal scholarship. Although students are welcome to address a wide range of paper topics, the assigned readings will include: racial profiling, racial tokenism, and critical race theory (and its discontents). Students will be evaluated upon class participation and a substantial written paper.nnStudents 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.nnElements used in grading: Class participation and research paper.
Terms: Win
| 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. nTopics 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.nThe course is designed to be complementary to Professor Shirin Sinnar's Counterterrorism and the Law. Students are encouraged to take both courses. nGrading 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.nSpecial 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.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: 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.
Terms: Win
| 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 offers an overview of federal Indian law through a study of cases, statutes, and historical material. It focuses on the interlocking relationships of tribes, states, and the federal government with special emphasis on economic development, religious freedom, and environmental justice. Elements used in grading: Final Exam.
Terms: Spr
| 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 is as an introduction to federal environmental law, regulation, and policy in the United States. Throughout, the course emphasizes the cooperative and competing roles that the federal, as well as 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). Next, we turn to the National Environmental Policy Act to understand how environmental concerns are included in the process of agency decision making. 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. 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 post-Kyoto negotiations, now underway. The course will also address the Montreal Protocol for Ozone Depleting Substances, the International Convention for Regulation of Whaling, and the U.N. Convention on Straddling Fish Stocks and Highly Migratory Fish Stocks. The course examines the choice of treaty instrument, as well as the implementation and evolution of environmental regimes. The course also looks closely at the structure and performance of environmental markets as solutions to global commons problems. 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: Spr
| Units: 3
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 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 before a real judge in the Superior Court 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.nnThe 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 16 and 17. Each day's ending time will vary; most sessions will end before 9:00. For a detailed schedule, contact Sara Abarbanel at sabarbanel@law.stanford.edu.nnThe 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 course ends with full jury trials.nnThe 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. nnThe workshop directors are Tim Hallahan and Jeff Kobrick. They have 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.nnSpecial Instructions: If you haven't taken Evidence you must contact Mr. 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.nnSince 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.nnElements used in grading: Attendance and in-class assignments.nnMandatory attendance.
Terms: Aut
| Units: 4
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 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.nnThis 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.nnThe 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.nnSince 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.nnElements used in grading: Class participation, attendance and written assignments.
Terms: Aut, Win, Spr
| 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 616:
Complex Litigation
This course will examine the variety of procedures used to develop and manage large-scale litigation within and outside the U.S., and the policy controversies surrounding them. Topics include class actions, multidistrict litigation, pretrial procedure, special trial and evidentiary issues, judicial case management, issues of federalism, problems of absent and future claimants, settlement issues, alternate dispute resolution techniques within litigation, and proposals for law reform. Much of the course will consider these topics as they play out in current cases, with guest lectures by judges, lawyers, and others from the U.S. and elsewhere.nnnEarly 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 3 papers during the course of the quarter, for review and comment, but not for grading. Regular reading assignments will be tailored to allow time for this on-going student research. nnnElements used in 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 reforms; different models of lawyering; ethical issues related to working as a lawyer within a social movement; 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. nReadings 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. We will also consider how lawyers interact and collaborate with other participants in social justice movement. nStudents 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.nElements used in grading: Attendance, class participation, written assignments.nWriting (W) credit is for 3Ls only. This course is open to first-year Law School students.
Terms: Win
| Units: 2-3
LAW 620A:
Criminal Prosecution Clinic: Clinical Practice
Prosecution Clinic students prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors and a faculty supervisor. They formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions and preliminary hearings. The cases, almost all felonies, include drug offenses, thefts, burglaries, assaults, and a range of less common crimes. Police witnesses are most common, though students sometimes offer testimony from crime victims. When defendants testify or offer other witnesses, they face cross-examination by clinic students. Students spend three full days a week in the D.A.'s office. All six students must spend all day Tuesdays and Fridays on site. Each student must also choose a third on-site day, when the student will work closely with the student's on-site supervisor. The six students need not all choose the same third day, but each student must pick a 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, 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; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County jail and 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. 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. Class attendance is mandatory, and class participation will be considered in grading. Students will be asked to commit to the course in the summer of 2013; dropping the course after committing will not be permitted. 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, participation, writing assignments, case preparation, and courtroom presentations and advocacy.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 620B:
Criminal Prosecution Clinic: Clinical Methods
Prosecution Clinic students prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors and a faculty supervisor. They formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions and preliminary hearings. The cases, almost all felonies, include drug offenses, thefts, burglaries, assaults, and a range of less common crimes. Police witnesses are most common, though students sometimes offer testimony from crime victims. When defendants testify or offer other witnesses, they face cross-examination by clinic students. Students spend three full days a week in the D.A.'s office. All six students must spend all day Tuesdays and Fridays on site. Each student must also choose a third on-site day, when the student will work closely with the student's on-site supervisor. The six students need not all choose the same third day, but each student must pick a 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, 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; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County jail and 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. 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. Class attendance is mandatory, and class participation will be considered in grading. Students will be asked to commit to the course in the summer of 2013; dropping the course after committing will not be permitted. 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, participation, writing assignments, case preparation, and courtroom presentations and advocacy.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 620C:
Criminal Prosecution Clinic: Clinical Coursework
Prosecution Clinic students prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors and a faculty supervisor. They formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions and preliminary hearings. The cases, almost all felonies, include drug offenses, thefts, burglaries, assaults, and a range of less common crimes. Police witnesses are most common, though students sometimes offer testimony from crime victims. When defendants testify or offer other witnesses, they face cross-examination by clinic students. Students spend three full days a week in the D.A.'s office. All six students must spend all day Tuesdays and Fridays on site. Each student must also choose a third on-site day, when the student will work closely with the student's on-site supervisor. The six students need not all choose the same third day, but each student must pick a 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, 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; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County jail and 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. 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. Class attendance is mandatory, and class participation will be considered in grading. Students will be asked to commit to the course in the summer of 2013; dropping the course after committing will not be permitted. 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, participation, writing assignments, case preparation, and courtroom presentations and advocacy.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 621:
Sentencing and Corrections
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 ILs, 2Ls, and 3Ls in the Law School. 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. 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: Weekly reflection papers or research paper.
Terms: Spr
| 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 administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and participate in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on polishing persuasive writing and oral advocacy skills. In addition, students participate in a weekly seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work.nnNo prior substantive experience or background in the environmental/natural resource field is necessary, but an interest in learning about these areas of the law is important.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nnElements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.nnWriting (W) credit is for 3Ls only.
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 administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and participate in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on polishing persuasive writing and oral advocacy skills. In addition, students participate in a weekly seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work.nnNo prior substantive experience or background in the environmental/natural resource field is necessary, but an interest in learning about these areas of the law is important.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nnElements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.nnWriting (W) credit is for 3Ls only.
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 administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and participate in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on polishing persuasive writing and oral advocacy skills. In addition, students participate in a weekly seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work.nnnNo prior substantive experience or background in the environmental/natural resource field is necessary, but an interest in learning about these areas of the law is important.nnnSpecial Instructions:nnnGeneral Structure of Clinical CoursesnnnThe 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.nnnStudents 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.nnnClinic 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.nnnThe 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.nnnEnrollment 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.nnnThe 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.nnnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nnnElements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.nnnWriting (W) credit is for 3Ls only.
Terms: Aut, Win
| Units: 4
LAW 623:
Advanced Environmental Law Clinic
The Advanced Environmental Law Clinic provides an opportunity for students who have already taken the Environmental Law Clinic to continue intense individual project work on cases or matters in which they have previously been involved. Advanced students will work closely with the supervising clinic attorney on their designated projects and are expected to take increasing responsibility for managing the necessary work and representation of clients. In addition, advanced students are expected to serve as mentors to less experienced clinic students enrolled in the basic Environmental Law Clinic course and will thereby receive additional training in basic team building and supervision skills. 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. Writing (W) credit is for 3Ls only. 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, Spr
| Units: 2-7
| Repeatable
6 times
(up to 12 units total)
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).
Terms: Aut
| 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. 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. This course is not open to first year Law School students. Elements used in grading: Class attendance, participation, and preparation.
Terms: Spr
| Units: 2
LAW 632A:
Religious Liberty Clinic: Practice
The Religious Liberty Clinic will offer participating students a dynamic, real-world experience representing a diverse group of clients in disputes arising from a wide range of religious beliefs, practices, and customs in a variety of circumstances. Students will learn in class and apply in practice the laws affecting religious liberty, whether statutory or constitutional, and will be expected to counsel individual or institutional clients and litigate on their behalf with technical excellence, professionalism, and maturity. During the term, students can expect to handle a discrete accommodation project-e.g., represent a prisoner, student, or employee facing obstacles in the exercise of his or her faith-and likely also participate in a longer-term project involving religion in the public square-e.g., represent a small church, synagogue, or mosque with zoning issues, or a faith-based group seeking access to public facilities. Opportunities to draft amicus briefs may also arise. The clinic will involve administrative, trial, and appellate practice-though time constraints may not permit each student to work in all areas-united under the theme of "religious liberty for all." Students may also help in marketing and outreach efforts to the religious and wider communities. 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. Special Instructions: Religious Liberty Clinic - Clinical Practice. See "Special Instructions" section in the course description above. Writing (W) credit is for 3Ls only. 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
See Law 632-A-01 for a detailed course description and enrollment instructions. Special Instructions: Religious Liberty Clinic - Clinical Methods. See "Special Instructions" in the course description Law 632-A-01. Elements Used in Grading: See Law 632-A-01
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 632C:
Religious Liberty Clinic: Clinical Coursework
See Law 632-A-01 for a detailed course description and enrollment instructions. Special Instructions: Religious Liberty Clinic - Clinical Coursework. See "Special Instructions" in the course description Law 632-A-01. Elements Used in Grading: See Law 632-A-01
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.
Terms: Win
| Units: 2
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. 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. Prerequisite: Negotiation (LAW 615). Mandatory attendance at first class and attendance as required by the instructor. Elements used in grading: Class participation, attendance, assignments.
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.
Terms: Aut
| 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 solving the problems of America's so-called "working poor." nThe Clinic's practice is in three areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; and (3) criminal record expungement. 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 cases enable students to engage in a wide-range of conventional lawyering activities (interviewing, counseling, negotiation, fact investigation, legal research¿), while also working on the very pressing problems of Stanford's low-income neighbors. Students are responsible for their cases from intake through disposition, which can be reached through negotiation or adversarial proceeding at an administrative agency or in court. Students 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.nIn 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.nSpecial Instructions:nGeneral Structure of Clinical CoursesnThe 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.nStudents 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.nClinic 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.nThe 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.nEnrollment 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.nThe 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.nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nElements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.nWriting (W) credit is for 3Ls only.
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 solving the problems of America's so-called "working poor." The Clinic's practice is in three areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; and (3) criminal record expungement. 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 cases enable students to engage in a wide-range of conventional lawyering activities (interviewing, counseling, negotiation, fact investigation, legal research¿), while also working on the very pressing problems of Stanford's low-income neighbors. Students are responsible for their cases from intake through disposition, which can be reached through negotiation or adversarial proceeding at an administrative agency or in court. Students 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 CoursesnThe 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.nStudents 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. nElements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project. Writing (W) credit is for 3Ls only.
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 solving the problems of America's so-called "working poor." The Clinic's practice is in three areas: (1) housing (eviction defense and Section 8 termination); (2) wage and hour and related workers' rights; and (3) criminal record expungement. 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 cases enable students to engage in a wide-range of conventional lawyering activities (interviewing, counseling, negotiation, fact investigation, legal research¿), while also working on the very pressing problems of Stanford's low-income neighbors. Students are responsible for their cases from intake through disposition, which can be reached through negotiation or adversarial proceeding at an administrative agency or in court. Students 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 CoursesnThe 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.nThe 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. nElements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project. Writing (W) credit is for 3Ls only.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 641:
Constitutional Litigation
This is a part doctrinal, part simulation course. The course is sometimes called "constitutional torts" or "civil rights litigation," reflecting its focus 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; and the remedial issue nearest and dearest to many lawyers' hearts: attorney's fees awards. Though we will learn the doctrine, we will do so with a focus on lawyering, both in a litigation context and in counseling clients in the shadow of litigation. A considerable amount of class time will be spent working in small groups on simulation and other exercises. Special Instructions: I ask that you limit laptop use to the classes in which we need them for simulation exercises. Elements used in grading: Class participation, written assignments, and final exam (30% class participation, 30% a 3-5 page memo involving research and due mid-quarter; 40% final exam. One-day take-home and open-book.)
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. Writing (W) credit is for 3Ls only.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
6 times
(up to 12 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 will focus on multi-party negotiations, working in teams, decision-making in groups, and negotiating on behalf of stakeholder organizations to solve complex problems, achieve meaningful results on behalf of constituencies or the public good, or to impact or make policy-related decisions or agreements. We will study a diverse set of case studies and simulations addressing policy issues including natural resources management, land use and water disputes, economic development, political logjams on Capitol Hill, implementation of the 9/11 Commission recommendations, and efforts to mitigate and adapt to climate change. The goal of the class is for each student to become more expert and adept: (a) In understanding, analyzing, and mapping multiparty public policy negotiations, for purposes of strategic intervention, negotiation preparation, or policy analysis; (b) In participating skillfully and effectively, whether directly as a party or a stakeholder, as a lawyer representing a client, or an organizational officer; and (c) In designing and facilitating successful stakeholder dialogue and consensus building processes. As in all Gould Center courses, class sessions are highly interactive, the curriculum and readings highly interdisciplinary, and the relationship between experiential and analytical learning highly integrated. Students will be engaged in a number of negotiation exercises and simulations requiring a significant level of engagement and providing an equivalent level of personal, professional and intellectual development rewards. Special Instructions: Attendance at and participation in the simulations is required. Passing is dependent upon active participation and submission of several group and individual short papers. 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 paper and oral presentation.
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 20-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 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. 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.nSpecial Instructions: Grades will be based on class participation and; Option 1 (Section 01, 2 units) - You will receive a course credit satisfying the Writing (W) credit if you choose to prepare discussion questions and to write a short reflection paper for a total of six workshop dates. Grading for this option is Mandatory P/R/F.nOption 2 (Section 02, 3 units) - Ten students will have the option, on top of the extra preparation, to write a longer independent research paper for Research (R) credit, with consent of the instructor. Students may receive three units for this option and will be graded on the H/P/R/F system. Students approved for "R" credit will be enrolled in Section 02.nElements used in grading: Class participation, attendance, written assignments and final paper.nThis course is open to first-year Law School students. Writing (W) credit is for 3Ls only.
Terms: Win
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
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.
Terms: Win
| Units: 3
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 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.nnClass 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.nnSeveral 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.nnIn 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.nnDuring 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.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.nnWriting (W) credit for 3Ls only.
Terms: Aut
| 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.nnClass 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.nnSeveral 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.nnIn 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.nnDuring 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.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.nnWriting (W) credit for 3Ls only.
Terms: Aut
| 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.nnClass 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.nnSeveral 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.nnIn 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.nnDuring 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.nnSpecial Instructions:nnGeneral Structure of Clinical CoursesnnThe 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.nnStudents 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.nnClinic 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.nnThe 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.nnEnrollment 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.nnThe 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.nnFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.nnElements used in grading: Attendance, class participation, written assignments. For clinic: professionalism, ability to work with others successfully, creative thinking and commitment.nnWriting (W) credit for 3Ls only.
Terms: Aut
| Units: 4
LAW 659:
Advanced Negotiation: Transactions
Complex and multi-party negotiations permeate law practice and life. Advanced Negotiation is 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. Advanced Negotiation: Transactions will focus on more complex negotiations, as well as multi-party negotiations, working in teams, and negotiating on behalf of complex organizations (e.g., governments, corporations, unions) on diverse issues, including: intellectual property; cross-border and public-private transactions; restructuring agreements. 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 and prepare for negotiations, and (2) to expand their 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, a series of short papers and in-class presentation. Prerequisite: Negotiation Seminar (Law 615) or its substantial equivalent. Elements used grading: Attendance, participation, in-class negotiations and out-of-class preparation, and short papers.
Terms: Spr
| Units: 3
LAW 660A:
Youth and Education Advocacy Clinic: 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 policy research and advocacy. 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. In addition, the clinic may pursue a specific policy research and advocacy project that will result in a written policy brief and policy proposal. nStudents 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.nStudents 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.nThe education clinic includes two or three mandatory training sessions to be held at the beginning of the term, a weekly seminar that focuses on legal skills and issues in law and education policy, regular case review, and a one hour weekly meeting with the clinic instructor. Admission is by consent of instructor. nSpecial Instructions: nGeneral Structure of Clinical Courses nThe 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. nStudents 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. nClinic 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. nnThe 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. nEnrollment 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. nThe 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. nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nCross listed with the School of Education. This clinic is cross-listed with Education 334 (A,B,C).nElements used in grading: Projects and class participation.nWriting (W) credit is for 3Ls only.
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 policy research and advocacy. 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. In addition, the clinic may pursue a specific policy research and advocacy project that will result in a written policy brief and policy proposal. nStudents 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.nStudents 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.nThe education clinic includes two or three mandatory training sessions to be held at the beginning of the term, a weekly seminar that focuses on legal skills and issues in law and education policy, regular case review, and a one hour weekly meeting with the clinic instructor. Admission is by consent of instructor. nSpecial Instructions: nGeneral Structure of Clinical Courses nThe 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. nStudents 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. nClinic 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. nnThe 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. nEnrollment 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. nThe 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. nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nCross listed with the School of Education. This clinic is cross-listed with Education 334 (A,B,C).nElements used in grading: Projects and class participation.nWriting (W) credit is for 3Ls only.
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 policy research and advocacy. 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. In addition, the clinic may pursue a specific policy research and advocacy project that will result in a written policy brief and policy proposal. nStudents 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.nStudents 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.nThe education clinic includes two or three mandatory training sessions to be held at the beginning of the term, a weekly seminar that focuses on legal skills and issues in law and education policy, regular case review, and a one hour weekly meeting with the clinic instructor. Admission is by consent of instructor. nSpecial Instructions: nGeneral Structure of Clinical Courses nThe 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. nStudents 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. nClinic 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. nnThe 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. nEnrollment 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. nThe 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. nFor more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. nCross listed with the School of Education. This clinic is cross-listed with Education 334 (A,B,C).nElements used in grading: Projects and class participation.nWriting (W) credit is for 3Ls only.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
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 Youth and 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 policy research on specific topics (e.g., the provision of mental health services to youth with disabilities in the schools, the impact of school discipline policies on youth of color, or equal educational opportunities for English Language Learners); 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.nSpecial 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. Writing (W) credit is for 3Ls only.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
6 times
(up to 12 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. This clinic will be instructed by Stephan Sonnenberg and Professor Juliet Brodie. nnAdvanced 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. Writing (W) credit is for 3Ls only. Elements used in grading: Project work, writing assignments, case preparation, attendance and class participation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
6 times
(up to 12 units total)
LAW 664:
Advanced Legal Writing: Business Transactions
This course is designed to give students practical preparation in drafting and analyzing contracts and managing business transactions. It should especially appeal to students interested in working in a law firm and practicing transactional law (be it corporate, finance, intellectual property, environmental, real estate, etc.). It will also appeal to those interested in business litigation who would like to gain some basics in contract analysis and those curious about the work of transactional lawyers. 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. 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. Students will also be exposed to other transactional writing and learn how to manage complex business transactions. 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. Assignment deadlines. Late papers are subject to grading penalties. Writing credit is for 3Ls only. 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 is designed to give students practical preparation in how to draft and analyze federal legislation. It should appeal to students interested in interpreting, drafting, or implementing laws. The course offers 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. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, attendance, written assignments and final paper.
Terms: Spr
| Units: 3
LAW 670:
White Collar Crime
This course explores the law of economic and political crimes associated with the rubic "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.nElements used in grading: Class participation and final exam or paper.nThis course is open to first-year Law School students.
Terms: Win
| 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 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.nThere 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.<P>nSpecial 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. nElements used in grading: Class participation (quality not quantity), attendance, written drafting assignments, and the final negotiation/drafting assignment.
Terms: Win
| 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 pleadings, briefs, and documentary evidence in support of and opposition to pre-trial motions in a hypothetical case set in federal district court. Students also will complete short writing exercises in and out of class (these will consist of drills 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. In particular, students will develop proficiencies in critical reading and thinking (dissecting and synthesizing cases); legal problem solving (identifying legal issues and interpreting authority); legal analysis (accurately deriving rules and applying authority to a client's situation); and legal drafting (organizing and explaining ideas clearly using appropriate conventions). The course should appeal to students interested in litigation practice and those wishing to hone their writing skills.nnTo apply for this course, students must complete and e-mail a Consent Application Form to the instructor at wright@stanford.edu by Monday, July 15, 2013. Consent application forms will be available on the SLS Registrar's Office website (See Registration and Selection of Classes for Stanford Law Students) when pre-registration opens each term.
Terms: Aut
| Units: 3
LAW 675:
Human Trafficking: Historical, Legal, and Medical Perspectives
Interdisciplinary approach to understanding the extent and complexity of the global phenomenon of human trafficking, especially for forced prostitution and labor exploitation, focusing on human rights violations and remedies. Provides a historical context for the development and spread of human trafficking. Analyzes the current international and domestic legal and policy frameworks to combat trafficking and evaluates their practical implementation. Examines the medical, psychological, and public health issues involved. Uses problem-based learning and offers an optional service-learning component. Elements used in grading: Attendance; participation; written assignments; and final exam. Same as FEMGEN 5C, FEMGEN 105C, HISTORY 5C, HISTORY 105C HUMBIO 178T, INTNREL 105C & SOMGEN 205.
Terms: Spr
| Units: 3
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.nnAs 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.nnStudents will be responsible for submitting a reflection paper (three-to-five pages each) after each week of the course. Each memo will be due by the Friday of the following week.nnSpecial Instructions: Grades will be based on the papers submitted, with the instructor retaining the right to take class participation into account. Attendance is mandatory.nnThis course is geared primarily to foreign graduate students. It is taught on an accelerated basis over the course of three weeks between the beginning of 1L classes and the beginning of 2L and 3L classes. Thus, we will meet on average nine hours per week. The exactly meeting times will be set once the graduate students' schedules are set.nnElements use in grading: Attendance, class participation and written memos.nnLimited to LLMs, JSMs and exchange students. Required for LLMs.
Terms: Aut
| 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. Special Instructions: Writing (W) credit is for 3Ls only. Elements Used in Grading: Class participation, written assignments and series of short reaction papers
Terms: Spr
| Units: 2
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, success, and persuasion. The reading list will include some or all of the following: Jonathan Haidt, The Happiness Hypothesis; Daniel Gilbert, Stumbling on Happiness; Atul Gawande, Better: A Surgeons Notes on Performance; Paul Tough, How Children Succeed: Grit, Curiosity, and the Hidden Power of Character; Richard Thaler & Cass Sustein, Nudge: Improving Decisions about Health, Wealth, and Happiness; Annie Murphy Paul, Brilliant: The New Science of Smart; and Sheryl Sandberg, Lean In.nClass meeting dates: Oct 22, Nov 12, Jan 14, Feb 11, and Mar 4.nnElements used in grading: Class attendance at all sessions and class participation.nnDiscussions 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.
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. Class 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, 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.
Terms: Spr
| 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.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, 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.
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.
Terms: Spr
| Units: 1
LAW 681H:
The Ethics of Philanthropy
We will consider the moral requirements of and for philanthropy and its practices and the role of philanthropy in a democratic society. Topics may include religious and moral imperatives and motives for charitable giving, arguments (such as Peter Singer's) that one is obligated to give away almost everything to save the lives of the poor, the justifications for publicly subsidizing philanthropy (through the tax system), the unintended problematic consequences of organized philanthropy, the role of corporate philanthropy, and the ethics of using psychological and behavioral economics techniques for fundraising. Along the way, we may consider contemporary practices such as venture philanthropy and policy advocacy, the idea that philanthropy should be rooted in strategies based on empirical evidence (and critics of these approaches), and the relationship between foundations and their grantees.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, 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.
Terms: Win
| 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.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, 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.
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.nOver 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.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, 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.
Terms: Spr
| Units: 1
LAW 681K:
Why are people so sure?
Many people maintain strongly held beliefs or opinions, even when there is a reasonable possibility that they are wrong with respect to their understanding of the current state of affairs or their prediction of future states. For example, many arguments about politics or policy involve highly complex factual assumptions and predictions. Is Obamacare good or bad? Should we go to war with Iran? Should we reduce the federal deficit sooner or later? Despite the difficulty of assessing the validity of current factual assumptions or forecasting the consequences of any particular decision, many people maintain great confidence in the correctness of their beliefs. Why?nOne explanation, of course, is that beliefs and opinions reflect not only factual judgments but deeply held values as well, and that those values trump facts. But here, again, why are people often so resistant to acknowledging and respecting the values that lead others to their opinions?nIn law school, students learn to make arguments, and, more particularly, to be able to argue even opposing sides of an issue. That facility should sensitize us to the fragility of our opinions, to the complicated mix of fact and value that inform them. Yet does it? Does law school (and legal culture more generally) leave us more respectful of the views of others? Or more entrenched in our own?nIn this discussion group, we will not try to resolve any of these questions, but we will read books that engage these issues in diverse ways. We plan to select four or five books. The following are some possibilities:nJonathan Haidt, The Righteous MindnKathryn Shultz, Being Wrong: Adventures in the Margin of Error nDaniel Kahneman, Thinking, Fast and Slow nJonah Lehrer, How We DecidenT. M. Luhrmann, When God Talks Back: Understanding the American Evangelical Relationship with GodnHarry Frankfurt, On BullshitnBegin in Autumn Quarter and run through Winter 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.
Terms: Win
| Units: 1
LAW 681L:
Social Movements and Dilemmas for Lawyers
This discussion group will focus on the role of law in social movements and, more specifically, on dilemmas confronting lawyers. We will begin by reading some general work on the relationship between law and social movements, focusing here on race and sexual orientation. Then we will consider a set of questions confronting lawyers interested in furthering the aims of a social movement. These include questions about tactics (Litigation or legislation? Individual representation or institutional reform cases?); who decides (What if multiple clients and/or lawyers disagree about the wisdom or theory of litigation?); whether (and if so, why) law is better suited to advance some movements than others; and the role of lawyers outside the courtroom. Among other areas, we will include material about the role of law in addressing the problems of poverty and low-wage workers.nClass meeting Dates: Sunday, 3:00 to 5:00 on Jan 12, Feb 9, Feb 23, Apr 6 and May 4.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, 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.
Terms: Spr
| Units: 1
LAW 681O:
The Rules of Political Warfare
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.nnNote: Los Altos location is not walkable.nWinter Quarter.nClass meeting dates: Jan. 15, Jan. 29, Feb. 12, Feb. 26 and Mar. 12.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.
Terms: Win
| 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.
Terms: Spr
| 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.nBegin in Autumn Quarter and run through Winter 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.
Terms: Win
| 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.
Terms: Spr
| Units: 1
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. Special Instructions: Students must have taken Religious Liberty Clinic. Elements used in grading: Class participation, written assignments, and case work. Writing (W) credit is for 3Ls only.
Terms: Aut, Win, Spr
| Units: 2-7
LAW 692:
Modern Surveillance Law
This seminar is an in depth look at modern government surveillance policies and practices. Taught by Richard Salgado, director of law enforcement and information security at Google, Inc, and a former prosecutor at the U.S. Department of Justice's Computer Crime and Intellectual Property Section and Jennifer Granick, Stanford Center for Internet and Society's Civil Liberties Director, 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. law, but other nations' interactions with U.S. companies will be addressed. Technologies covered will include wiretapping, stored data collection and mining, location tracking and drones and legal regimes will include the Fourth Amendment, Electronic Communications Privacy Act, the USA Patriot Act, CALEA and the Foreign Intelligence Surveillance Act.
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)
Terms: Spr
| 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.
Terms: Spr
| 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. Elements used in grading: Class participation and written assignments. 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.
Terms: Spr
| 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.nnnThis 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.nnnStudents 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.nnnSpecial 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. nnnElements 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%). nnnWriting (W) credit is for 3Ls only.
Terms: Aut
| 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.
Terms: Win
| 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?nElements used in grading: ExamnEnrollment 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. 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 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.nnElements use in grading: Class participation, attendance and assignments.nnThis 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
he 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.nnDuring 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. nnAttendance 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.nnSatisfies the colloquium requirement for Law, Science, and Technology LLM (LST) candidates. Open to LLM students only.nnElements used in grading: Class participation, attendance and weekly commentary papers.
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 of the student's choosing 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 by the end of January; and 2) a draft of the empirical research result's chapter by the appropriate date in the winter quarter as determined by the instructor.nElements used in grading: ThesisnThis 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: ;
Donohue, J. (PI);
Friedman, L. (PI);
Greely, H. (PI);
Hensler, D. (PI);
Lemley, M. (PI);
Malone, P. (PI);
Martinez, J. (PI);
Merryman, J. (PI);
Puig, S. (PI);
Schacter, J. (PI);
Vargas, C. (PI);
Wara, M. (PI);
Sheeler, P. (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.nThe 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.nAttendance 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.nElements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.nThis 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 designing and implementing their individual research projects. nThis 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, and the fellows are expected to attend those that are most relevant to their thesis data collection methods and analytical framework employed. In addition, the workshop will provide tools to facilitate the writing of the required SPILS thesis, including writing tutorials. 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.nElements used in grading: Class participation, attendance and written assignments.nEnrollment 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 LLM and JSM students to a range of legal writing genres used by American lawyers in practice and by law students in papers and exams. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis, as practiced in American law offices and courts. The course presents students with realistic legal writing scenarios that they address in and out of class. Students prepare an analytical memorandum, advising a hypothetical corporate client, and a short brief for a mediator. The 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. Special Instructions: Students must participate in one conference with the instructor, outside regular class hours, to be arranged at a mutually convenient time. Only LLM and JSM students may enroll in this class via Axess. If the class is oversubscribed, a lottery system will be used the first week of class to determine the final class list. Elements used in grading: Class participation, attendance and written assignments.
Terms: Win, Spr
| Units: 3
LAW 709:
Introduction to American Law
This special course for international students in the Law School's LLM, SPILS, and Exchange Programs is offered during September, before the start of the regular law school quarter. The class introduces students to selected principles of American law and provides an overview of distinctive features of the U.S. legal system, including its procedures and institutions. The course also is designed to familiarize international students with U.S. legal materials and help them participate successfully in courses with their J.D. colleagues. Topics include American state and federal legal systems, common law and statutory analysis, civil and criminal justice, trial by jury, and federalism.nElements use in grading: Class participation, attendance, short written assignments and final exam.nThe class starts on September 6 and runs through September 18. Morning or afternoon sessions. Meeting times to be announced by instructor. Final exam will be scheduled on September 21.
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 are becoming increasingly important to legal academia.nnThis 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.nnSpecial 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 option 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.nnConsent Application for JD students: To apply for this course, JD students must e-mail Lecturer Puig at spuig@stanford.edunnElements used in grading: Class participation, attendance, written assignments and final paper.nnThis course is REQUIRED for all SPILS fellows and BY CONSENT for all other students. See "Special Instructions" in course description above.
Terms: Aut
| Units: 3-4
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 Participation, Attendance, Written Assignments.
Terms: Win
| Units: 1
LAW 724:
Ethics On the Edge: Business, Non-Profit Organizations, Government, and Individuals
The objective of the course is to explore the current international emphasis on organizational ethics. Students will consider in-depth complex ethics matters across business, the non-profit sector, and government. We will unravel the factors contributing to the seemingly pervasive failure of ethics today, including commonalities and links among sectors, through a broad range of international case studies. Examples might include: the Bangladesh garment factory fire and collapse; corruption in Nigeria; the Libor rate-rigging scandal; the US military sex abuse scandal; the GlaxoSmithKline China corruption scandal; racism in international football; drones; social media; and a non-profit sector ethics challenge to be identified. Prominent guest speakers would attend certain sessions interactively. Questions of cultural context, how ethics lags behind technology, ethics and leadership, and ethics and global systemic risks (poverty, financial system meltdown, climate change, cyber terrorism¿) will be considered. Attendance required. Final project in lieu of exam on a topic of student's choice. Special Instructions: Attendance required. No prerequisites. Law students will have an opportunity to substitute certain readings for more legally-focused material and will have the option to choose a final project topic integrating legal analysis. NOTE: This course does not meet the SLS Ethics requirement. This course is cross-listed with the Public Policy. Elements used in grading: Class Participation, Attendance, Written Assignments, and Final Paper. (Cross-listed as PUBLPOL 134 and PUBLPOL 234)
Terms: Spr
| Units: 2
LAW 725:
Finance and Society
This interdisciplinary course will discuss the role of the financial system within the broader economy and its interactions with the rest of society. The course will provide an overview of the financial system, cover the basic economic principles essential for understanding the role of finance in the economy, and discuss policy issues around financial regulation. It seeks to mix students from GSB, Law School, and other departments. Topics to be discussed include: (i) The financial system, from microfinance to global megabanks: how and why finance can benefit society as well as endanger and harm; (ii) Financial regulation: why and how? (iii) Other people's money: the challenge of effective control, governance, and trust; (iv) The politics of banking and finance; (v) Ethical issues in finance. Special Instructions: This course is cross-listed with the Graduate School of Business (Finance 332). Law student enrollment may be subject to lottery if over-subscribed. Course involves minimal mathematical content that does not go not beyond high-school math. Elements used in grading: Class Participation, Attendance, Final Paper. Class meets at GSB.
Terms: Win
| Units: 3
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. Our speakers will include: (1) Michael Wheeler, Professor of Management Practice at Harvard Business School, with extensive legal practice in the private and public sectors. His newly-released book, will provide the basis for our discussion: The Art of Negotiation: How to Improvise Agreement in a Chaotic World. (2) Ambassador Richard Williamson, will focus on his experience in multilateral and international negotiations at the United Nations and more broadly. (3) Ms. Jody Weinberg, Pixar Animation Studios and Mr. David Matlof, Hirsch, Wallerstein, Hayum, Matlof + Fishman, will share an insider¿s view from the studio and talent sides of the entertainment negotiating table. (4) (to be confirmed), the business and legal perspective in negotiations by high technology companies. Pre-Requisite: Negotiation Seminar. Special Instructions: Class sessions will begin in Winter Quarter and run through Spring Quarter for 4 seminar+dinner sessions. Admitted students will be given permission to officially register for this course in Spring Quarter (1 unit). Schedule: WINTER: Tuesday 4:15-7:15pm on 1/28/14 and 2/11/14. SPRING: Wednesday 4:15-7:15pm on 4/23/14 and one date in May (TBA), Wednesday 4:15-7:15pm. 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 instructors. See Consent Application Form for submission deadline.
Terms: Spr
| Units: 1
LAW 727:
Regulating the Quality and Safety of Health 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. Elements used in grading: Class Participation, Final Paper.
Terms: Spr
| 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; Tribal 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.
Terms: Spr
| 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. This course is cross-listed with Computer Science 204. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
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 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 the US, the recent decision by the Court of Appeals for the DC Circuit in Verizon v. FCC has re-opened the debate. In December 2010, the Federal Communications Commission (FCC) adopted the Open Internet Order, which enacted binding network neutrality rules for the first time. 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. 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 in the US are debating how to best ensure that the Internet remains open and free. In February, the Federal Communications Commission opened a new docket to collect public input on the best way to proceed. In Europe, the European Commission, the European Parliament and the member states are currently considering which approach to network neutrality they should take. The Brazilian Parliament is in the process of adopting network neutrality rules. This seminar aims to enable students to participate in the ongoing policy debates over network neutrality in the US and abroad. Class sessions will explore whether there is a need for network neutrality rules and, if yes, what kind of rules a network neutrality regime should include. For example, should network neutrality rules only ban blocking, or also discrimination? And if yes, what kind of differential treatment should be banned? Should Internet service providers be allowed to charge application or content providers for prioritized or otherwise enhanced access to their Internet service customers? How can we find network neutrality rules that allow network providers to manage their networks and that allow innovation in the network, while protecting the interests of users and application developers? Does competition in the market for Internet services remove the need for network neutrality rules? And finally, what is the best way to move forward in the US? Students will work in groups on written assignments that explore specific questions from the perspective of particular Internet companies or interest groups. Students are expected to attend all sessions of the class and participate in the class discussion. Special Instructions: Students may submit consent applications to enroll in the "Current Issues in Network Neutrality" seminar and the "Next Steps in Network Neutrality" policy lab practicum. Students concurrently accepted in the seminar and the policy practicum 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. Students enrolled in the seminar and the practicum will have the option to write papers for W, PW, or R credit in the practicum, with instructor consent. The class is open to law students and students from other parts of the university. It does not require any technical background. Elements used in grading: Class participation, attendance, written assignments. Writing (W) credit is for 3Ls only. 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: 2
LAW 732:
Topics in Corporate Finance
Introduction to Corporate Finance, with special focus on valuation and topics applicable to legal theory and practice.
Terms: Spr
| Units: 3
LAW 733:
Topics in American Legal Practice
This course is designed to introduce international JD students to American legal practice. 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
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.
Terms: Spr
| Units: 1
LAW 802:
TGR: Dissertation
Terms: Aut, Win, Spr
| Units: 0
| Repeatable
for credit
Instructors: ;
Engstrom, D. (PI);
Engstrom, N. (PI);
Friedman, L. (PI);
Goldstein, P. (PI);
Greely, H. (PI);
Hensler, D. (PI);
Kelman, M. (PI);
Klausner, M. (PI);
Lemley, M. (PI);
Martinez, J. (PI);
Simon, W. (PI);
Thompson, B. (PI);
Triantis, G. (PI);
Wara, M. (PI);
Weiner, A. (PI);
Cuellar, M. (SI);
Sheeler, P. (GP)
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, examines the ways in which intellectual property rights are asserted, exchanged, protected, and respected, both in theory and in practice. Special attention is devoted to the regulatory and strategic considerations involved in the business and legal decisions implicating intellectual property. See SLS Registrar's website for prerequisites.
| Units: 3
LAW 229:
Equal Protection: Race and the Law
This course will examine the application of constitutional and statutory antidiscrimination law to race related controversies across a variety of settings. The course will begin with an exploration of the historical developments that led to antidiscrimination law, and with an introduction to the competing frameworks that define current antidiscrimination law: the discriminatory purpose and anti-classification approaches that feature prominently in equal protection doctrine, and the disparate impact framework that is incorporated into some statutory law. After some exploration of the historical origins of antidiscrimination law and its alternative formulations, the course will then turn to the specific contexts in which controversies arise. The settings that will be examined include criminal justice, college admissions, political participation, primary/secondary education, employment, housing, hate speech, and the formation of family relationships. In each of these settings, we will devote close attention to the role of antidiscrimination law in specific controversies. Throughout, our intellectual goals will be twofold: to understand the special challenges that race poses, and to appreciate more generally some of the dilemmas of legal regulation.
| Units: 3
LAW 241:
Payment Systems
Negotiable instruments, letters of credit, checks, credit cards, electronic fund transfers, and cash. This course surveys the legal mechanisms by which funds can be transferred, including new mechanisms that have become more important as a result of (a) changes in electronic technology and (b) increased international trade. Designing a system for transferring funds is not easy -- as e-firms like PayPal have discovered -- and the law has had to deal with the difficulties of each new system in turn. The principal focus will be on articles 3, 4, 4A, and 5 of the Uniform Commercial Code, with occasional reference to other statutes and to international conventions and treaties. Bankruptcy 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. Elements Used in Grading: In-School, open book.
| Units: 3
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.
| Units: 3
LAW 276:
Employee Benefits Law
Employee benefits law focuses on the various forms of benefits and compensation employers provide to their employees: cash and equity compensation, retirement plans, and health and welfare benefits. The field lies at the intersection of a number of different legal disciplines, including employment and labor law, tax, health care law and even corporate and securities law. As such it is an uniquely challenging field of law, one which offers insight into many of the major issues our society currently faces: fears about the adequacy of retirement savings, struggles over the new health care law, and attempts to rein in outsize executive compensation arrangements.nnnElements used in grading: Class participation, attendance and final paper.nnnWriting (W) credit is for 3Ls only.
| Units: 3
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.
| Units: 3
LAW 293:
Family Law
Family law mediates and structures life's most intimate relationships. It establishes rules that order the relationships of members of family units and between families and society as a whole. The rules reflect many of society's most critical value premises--about gender roles, parent child relationships, sexual behavior, and how people should order and arrange their family lives. Social policy regarding families is a central focus of many disciplines, law being just one. This course examines the rules regarding the making and breaking of legally recognized relationships, especially those between marital partners and parents and children.
| Units: 3
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?
| Units: 2-3
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.
| Units: 2-3
LAW 321:
Patent Prosecution
(The course follows the patent application process through the important stages: inventor interviews, patentability analysis, drafting claims, drafting a specification, filing a patent application, and responding to an office action. The subject matter and practical instruction relevant to each stage will be addressed in the context of current rules and case law. The course will include four written assignments: an invention capture, a claim set, a full patent application, and an Office Action response. This course is crosslisted with ME 238.
| Units: 2
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. IP: Patents (Law 326) is a prerequisite for this course, but can be taken coterminously.
| Units: 3
LAW 323:
Cross Border Mergers and Acquisitions
This 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 other geographical and cultural legal and business 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, 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 post-merger matters and broader policy and cross-cultural considerations. Guest speakers will be invited to share their experience. The course will aim to provide students with a broad understanding of the legal aspects of major cross-border M&A transactions. This is an interactive, primarily practice-oriented course requiring active student participation. Corporations recommended but not required. This course is open to GSB students with permission of the instructor. Elements used in grading: Class participation, attendance, oral presentations, written assignments and final exam.
| 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.
| Units: 2
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.
| 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.
| Units: 3
LAW 336:
Real Estate Transactions
Real Estate Transactions will have a "real world" focus, helping students apply some of the substantive concepts covered in the first-year property course to actual commercial property transactions involving the transfer, leasing and financing of real property interests. Among the topics covered will be preparing the letter of intent, preparing and negotiating the purchase and sale contract, examining title and survey issues, reviewing leases, negotiating finance documents, and closing the transaction. The course will also explore various negotiation strategies. Emphasis will be on California law, with some discussion of how the laws of other states may affect how a transaction is structured. Tangential issues that may be covered include selecting the appropriate entity to be used in various real estate transactions, the role of the attorney v. the role of the businessperson on a transaction, and what actions should be taken when something goes wrong on a real estate transaction, including a discussion of applicable remedies. The course will be taught through a combination of lectures, reading assignments and drafting exercises. Time and size of class permitting, there may also be some practice negotiation exercises.
| Units: 3
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.
| 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.
| Units: 3
LAW 377:
Partnership Tax
This course will cover the basic rules that govern the tax treatment of partnerships and partners. Elements used in grading: Class Participation, Final Exam.2
| Units: 2
LAW 386:
Health Law and Policy: Public Health and Bioethics
This course will focus on the physician/patient relationship, medical ethics, and public health law.
| Units: 3
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.)
| 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.
| Units: 2
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.
| Units: 2
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.
| Units: 1-3
| Repeatable
4 times
(up to 8 units total)
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.
| 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.
| Units: 2
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.
| Units: 3
LAW 458:
Food and Drug Administration
(Same as HRP 209). 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 food, legal, social, and ethical issues arising from advances in the biosciences. 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.
| Units: 3
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,
| Units: 3
LAW 473X:
"U.S. SEC Law Student Observer Program and Securities Regulation Seminar"
The U.S. SEC, Law Student Observer Program, is a one-semester volunteer/for-credit externship position offered to current law students selected by representatives of the SEC. The program provides exposure to the workings of the SEC and to the regulation of securities markets. Students are assigned to work with SEC staff members on a broad range of projects, including the investigation of industry and issuer practices, litigation of civil enforcement actions, and the drafting of proposed statutes and rules. In addition to working 40-hour weeks, students attend a weekly securities regulation seminar that includes lectures by SEC Commissioners and senior staff, and prominent members of the private bar. The topics for discussion at this seminar are chosen to complement the materials covered in basic securities regulation courses offered at the participating law schools.
| Units: 3
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.
| 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: Elements used in oral arguments: papers.
| 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.
| Units: 3
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.
| 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 women's reproductive choices (prisoners, teenagers, women who need public assistance and soldiers). 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 the federal ban on abortion in military facilities, insurance coverage of contraception, teenagers access to confidential reproductive health care, shackling of pregnant inmates and abstinence-only sex education. Reproductive justice advocates, including litigators, communications experts and empirical health researchers 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.
| Units: 2
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.
| 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.
| 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.
| Units: 2
LAW 514:
California Coast: Science, Policy and Law
(Same as CEE 175A/275A, EARTHSYS 175/275). This interdisciplinary course integrates the legal, science, and policy dimensions of characterizing and managing our coastal resources in California. Our focus is on the land-sea interface as we explore contemporary coastal land use and marine resource decision-making. Among the focal issues we will examine are: 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 (time series analysis), as well as the institutional framework that shapes public and private decision-making affecting coastal resources. This course will take a "place-based" approach.
| Units: 4
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.
| 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.
| Units: 2-3
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.
| Units: 2-3
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.
| Units: 3
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.
| Units: 2
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. 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. Co- or Prerequisites: Mediation or ADR: Law, Practice and Policy. Elements used in grading: Class participation, attendance and written assignments.
| 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.
| Units: 2
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.
| Units: 1
| Repeatable
2 times
(up to 2 units total)
LAW 564:
The Future of Finance
This interdisciplinary course will survey the world of finance and global markets as we emerge from the financial crisis, including up-to-the minute events. We will discuss the sweeping change underway at the policy level by financial firms, regulators and legislators around the world as well as new firms and business models emerging as a result. Guest lecturers will share their perspectives on lessons learned from the crisis as well as share their predictions for the future of finance, including where the greatest opportunities exist for students entering the world of finance today. The course also will review, in a non-technical way, derivatives, financial engineering and quantitative techniques that are a core part of the global capital markets. The subject matter, by necessity, is multi-disciplinary and the course is particularly suited to those students having an interest in finance-based careers, entering legal, regulatory or public policy positions related to finance or studying the evolution of modern financial markets. 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. (Cross-listed as ECON152/252, PUBLPOL364, STATS238.)
| Units: 2
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.
| 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.
| Units: 3
| Repeatable
7 times
(up to 7 units total)
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; escalating litigation costs in financial and relationship terms have led corporate general counsel to develop alternative means ¿ including online -- to deal with employee, customer and partner disputes; 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 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), with consent of the instructor. Negotiation Seminar (Law 615) or its substantial equivalent strongly preferred, but not required. Attendance at the first class is mandatory. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation and engagement, attendance, written assignments and final paper.
| Units: 3
LAW 628B:
Oral Argument Workshop
This course is offered in conjunction with "OAP" (Law 628-A-01). All students registered in Law 628-A-01 have the option to take an additional unit. The focus of this component will be on oral presentation skills and will consist primarily of interactive exercises designed to enhance voice and body control, increase poise, reduce anxiety, and improve overall effectiveness in public speaking. Doree Allen, the Director of the Oral Communication Program at Stanford's Center for Teaching and Learning, along with guest lecturers from throughout the university, will lead these classes with the goal of giving students an opportunity to improve their oral presentation skills in a supportive and fun environment.
| Units: 1
LAW 629:
Spanish For Lawyers
The Spanish and Cultural Competency for Lawyers course offers an opportunity for students to enhance their existing Spanish communication skills in legal practice. The course will cover specific Spanish vocabulary necessary to communicate in a variety of legal settings from direct client representation in administrative and judicial proceedings to community education and policy reform efforts. The course will also provide exposure to the linguistic and cultural diversity of Latino communities and improve cultural competency for client interaction and communication. The course will emphasize speaking and listening skills, however, students will also be responsible for reading and writing assignments. 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.
| Units: 3
LAW 643:
Medical-Legal Issues in Children's Health
(Same as PEDS211)This service-learning seminar is open to law and medical students interested in exploring the link between poverty and children's health, and how the professions can work together to improve health outcomes for low-income children. The course consists of four components: (1) weekly class meetings in which we will discuss a series of medical-legal issues (e.g., asthma, immigration, health insurance, etc.) with guest lecturers from the medical and legal fields, selected for their expertise on each topic.; (2) intake interviews with patient families at Lucile Packard Children's Hospital or the Ravenswood Family Health Center in East Palo Alto, and an analysis of their medical-legal issues; (3) a group project focused on a local or state-level medical-legal policy issue (e.g., obesity prevention); and (4) a final paper that law and medical students will co-write in pairs. The course is linked to the Peninsula Family Advocacy Program. You can learn more about it at www.peninsulafap.org.
| Units: 4
LAW 644:
Disability Rights
This is a survey course of disability rights law, with an emphasis on landmark federal and state legislation and jurisprudence in the areas of employment, government services, public accommodations, education, housing and personal autonomy. It includes a review of such statutes as the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Individuals with Disabilities Education Act (IDEA), fair Housing Act Amendments and the California Developmental Services ("Lanterman") Act. The course has a "cross-disability" orientation insofar as it addresses the rights and treatment of persons with mobility and communication impairments, as well as developmental and psychiatric disabilities. The course looks at disability from a civil and human rights perspective-- rather than a medical or welfare viewpoint.nnSome of the issues to be covered are: institutional mistreatment, de-institutionalization, social integration, educational equity, international customary disability law, peer advocacy and self-determination, the right to refuse treatment and assisted suicide. There will be frequent guest speakers and legal skills in-class simulation exercises.
| 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
| 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.
| 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.
| Units: 3
| Repeatable
2 times
(up to 6 units total)
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.
| Units: 2
LAW 661:
Advanced Negotiation: International
Building on skills developed, tools acquired and theory learned in the Gould Center's basic negotiation course, this advanced seminar explores how lawyers, diplomats, NGOs and citizen advocates can successfully negotiate bilateral agreements and multilateral agreements in the international field. We will study the unique process dynamics of international treaty-making, cross-border agreement negotiations, and multi-party consensus building processes. We will explore the role of power, culture, agency, and strategy in international negotiation, and we will analyze the design and conduct of effective ¿negotiation campaigns.¿ We will examine negotiation processes in the context of geopolitical relations, nuclear arms control, US-Mexico border management, environmental regimes, foreign investment, natural resource development, human rights, commercial disputes, and corporate social responsibility. Our approach will involve analysis of in-depth case studies and participation in complex role-playing exercises (including at one intensive simulation to be negotiated out of class over several weeks). These cases and exercises involve negotiations between state parties as well as negotiations , although our study will also include some attention to negotiations involving non-state actors, including business corporations, NGOs, and indigenous communities. A number of class sessions will include interaction with guest participants including international lawyers, scholarly experts, diplomats, senior corporate officers and NGO leaders. Prerequisite: Negotiation Seminar (LAW 615), its substantial academic equivalent, or substantial experience in the field.
| Units: 3
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.
| 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.
| 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.
| 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).
| Units: 2
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.
| Units: 3
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.
| Units: 3
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. The film showings will be held at Prof. Cavallaro's home (near campus). Afterwards, students will consider the human rights matters addressed in the film. Films include 'Battle of Algiers' and 'La Historia Oficial' (The Official Story, Argentina 1985).
| 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.
| 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 (eg, 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.
| Units: 1
LAW 681M:
Legal Fictions
This discussion group will look at questions of value and meaning in the lives of lawyers through the window of works of fiction. We will discuss one book each evening. Subject to change, the list includes: Russell Banks, The Sweet Hereafter; Albert Camus, The Fall; James Gould Cozzens, The Possessed; Leo Tolstoy, The Death of Ivan Ilyich; and Scott Turow, Presumed Innocent.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, 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.
| 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 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.
| 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.
| Units: 2
LAW 684:
Conflicts, Ethics, and the Academy
(Same as ETHICSOC 301)This experimental 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 in the hope that they will offer 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; the ethics of the classroom and conflicts of interest implicating professor-student relationships. Representative readings will likely 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; the movie "Inside Job"; and conflict of interest policies adopted by various universities and professional organizations.
| 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.
| 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.
| Units: 3
LAW 687:
Three Strikes Project: Criminal Justice Reform in Action
This past November, Californians overwhelmingly voted to reform California's "Three Strikes and You¿re Out" criminal sentencing law, making relief possible for thousands of prisoners sentenced to life for minor crimes. This is the first time in U.S. history that voters have reduced sentences for people in prison; now Stanford students have an opportunity to test the new law and put it into practice. This seminar will focus on criminal justice reform in real time. Students will read and discuss a variety of cases and articles, examining the evolution of the Three Strikes law as a case study in the history, politics, practical considerations and legal regulation of sentencing in the United States.nnIn addition to studying the law, students will have an opportunity to test their skills in the field, representing an inmate sentenced to life in prison under the Three Strikes law for a minor crime. Students will visit the client in prison, conduct factual investigation in the field, write and file petitions on the client¿s behalf and argue the case in open court. The course offers the opportunity to both study the theory behind the law, and to hone practical litigation 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 work on the litigation projects. Consent Application: Interested students must apply to enroll in the seminar by sending a one-page statement of interest, resume, and transcript to Mike Romano (mromano@stanford.edu). Applications will be considered on a rolling basis.
| Units: 3
LAW 690:
Advanced Topics in Administrative Law
This seminar will cover advanced topics in administrative law, including the law of government information, the role of cost benefit analysis, and schools of regulatory reform. Students electing "W" credit will write a series of response papers; students electing "R" credit will write a research paper pertaining to administrative law. 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. 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. Prior course in Administrative Law required. Writing (W) credit is for 3Ls only. Elements used in grading: Class participation, attendance, written assignments and final paper.
| Units: 2
LAW 691:
Advanced Topics in Criminal Law and Policy
This is an advanced seminar is for students interested in criminal law and public policy. This seminar will provide an opportunity for an in-depth discussion of contemporary crime policy issues, drawing on empirical, legal, and historical readings. Possible topics include: the politicization of crime policy; role of race and class in criminal justice decision-making; the causes and effects of prison growth in the U.S.; the relationship between criminal sentencing and crime rates; restorative justice and sentencing alternatives; incarceration and communities; mental health in prisons; juvenile justice and adult violence; and jail and prison litigation. 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. Section 02 will be graded on the H/P/R/F system. Prerequisites: None, but preference given to students with prior related class or work experience. 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.
| Units: 3
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.
| Units: 2
LAW 699:
Arbitration in America
This course covers the history and development of alternative dispute resolution in the U.S., with an emphasis on arbitration. 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.
| Units: 3
