printer friendly pageLAW 7815B: Advanced Legal Writing: Business Transactions
This course offers comprehensive preparation for the practice of the transactional lawyer. Students will learn foundational tools to write clear, effective, plain language business contracts and analyze other transactional writings used to manage and document complex business transactions. The course provides a selective mix of interactive live and recorded lectures, and a wide range of realistic drafting and research exercises. These exercises help students sharpen their analysis, research, drafting, and editing skills, and develop sensitivity to the expectations of attorneys and clients with whom they will be working. Students will learn to interpret provisions in a variety of business agreements. Issues related to ethics in a transactional practice will also be addressed. The course should appeal especially to students interested in working for a law firm and practicing transactional law (be it corporate, venture, debt, intellectual property, mergers and acquisitions, entertainment,
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This course offers comprehensive preparation for the practice of the transactional lawyer. Students will learn foundational tools to write clear, effective, plain language business contracts and analyze other transactional writings used to manage and document complex business transactions. The course provides a selective mix of interactive live and recorded lectures, and a wide range of realistic drafting and research exercises. These exercises help students sharpen their analysis, research, drafting, and editing skills, and develop sensitivity to the expectations of attorneys and clients with whom they will be working. Students will learn to interpret provisions in a variety of business agreements. Issues related to ethics in a transactional practice will also be addressed. The course should appeal especially to students interested in working for a law firm and practicing transactional law (be it corporate, venture, debt, intellectual property, mergers and acquisitions, entertainment, real estate, etc.). It will also appeal to those interested in business litigation, or those curious about the work of transactional lawyers. SPECIAL INSTRUCTIONS: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Early drop deadline: Students may not drop this course after the first week of class. Corporations (
Law 1013) is a prerequisite for all but for LLM students in the CGP program only (not other LLM programs). Elements used in grading: Class participation, attendance, written assignments, and final paper. Please consult the syllabus for paper and assignment deadlines. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS Registrar website
https://registrar.law.stanford.edu/. Click SUNetID Login in the top right corner of the page and then click the "Consent Courses" tab. See Consent Application Form for instructions and submission deadline.
Terms: Aut, Win
| Units: 3
Instructors:
Triantis, A. (PI)
LAW 7820: Moot Court
The major moot court activity at Stanford Law School is the Marion Rice Kirkwood Memorial Competition, which takes place each year during Autumn and Winter Terms and gives students the opportunity to brief and argue an actual case before a hypothetical U.S. Supreme Court. This course is designed to facilitate the administration of the Competition and is not intended to be an advanced legal writing class. It does not meet regularly and students are expected to operate independently. Autumn term is dedicated to brief writing and completion of the written portion of the Competition; the oral argument portion of the Competition is conducted during the first four to five weeks of Winter term. Students on externship and in clinics may enroll, if permitted by their respective programs. In Autumn term there are two class meetings--one which provides an overview of the Competition and another which provides an overview of brief writing in the U.S. Supreme Court. In addition, there are individua
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The major moot court activity at Stanford Law School is the Marion Rice Kirkwood Memorial Competition, which takes place each year during Autumn and Winter Terms and gives students the opportunity to brief and argue an actual case before a hypothetical U.S. Supreme Court. This course is designed to facilitate the administration of the Competition and is not intended to be an advanced legal writing class. It does not meet regularly and students are expected to operate independently. Autumn term is dedicated to brief writing and completion of the written portion of the Competition; the oral argument portion of the Competition is conducted during the first four to five weeks of Winter term. Students on externship and in clinics may enroll, if permitted by their respective programs. In Autumn term there are two class meetings--one which provides an overview of the Competition and another which provides an overview of brief writing in the U.S. Supreme Court. In addition, there are individually scheduled conferences. The first draft of the brief is reviewed and extensively critiqued by the course instructors. The course instructors and the Moot Court Board Presidents score the final draft of the brief. In Winter term, there are two class meetings, one which provides guidance on oral advocacy techniques and another which is a lecture by a practitioner involved in that year's case. In addition, there are optional practice arguments with the instructors and Moot Court Board Members, which are recorded and critiqued. Participation in the oral argument competition is mandatory and includes attendance at the semifinal and final arguments. The preliminary and quarterfinal rounds are held in the evening; the semifinal and final rounds are in the late afternoon. Panels of judges and local attorneys serve as judges who score the oral argument portion of the Competition. 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 that year's case. Teams are selected for the quarterfinal, semifinal, and final round of the Competition based on their brief and oral advocacy scores. The final round of the Competition is held before a panel of distinguished judges, and the entire Law School community is invited to attend. Special Instructions: To maintain academic standards, enrollment in the Kirkwood Competition is limited to 20 two-person teams. This limit will be strictly enforced. Registration forms will be distributed Spring term. If the program is oversubscribed, a lottery will be held to determine participating teams and to establish a waiting list. Priority is given to third-year students; however, several spots are reserved for second-year teams. The final drop deadline for the course will be on Thursday of the first week of classes. Enrollment in both Autumn (2 units) and Winter (1 unit) terms is required. The final grade for both Autumn and Winter terms and the Professional Skills credit will be awarded upon the completion of the course requirements. Registration and Consent Instructions: Instructions on how to register for the Moot Court Competition are sent out to students each year in Spring term for the coming academic year. The registration process is separate from the regular class registration process. Early application and drop deadlines.
Terms: Win
| Units: 1
Instructors:
Fenner, R. (PI)
;
Pearson, L. (PI)
LAW 7821: 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 paralegal, and all of their counterparts (plus the lawyers) on the other side. You will negotiate with "the system" whether it is the court, the government, the structure of society, or the law. You will also continue to negotiate with your family, your friends, and yourself. This course is designed to: (1) develop your understanding of negotiation, and your awareness of yourself as a negotiator; (2) give you some tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, reflection, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory (including interviewing, counseling, negotiation, fact analysis, legal an
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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 paralegal, and all of their counterparts (plus the lawyers) on the other side. You will negotiate with "the system" whether it is the court, the government, the structure of society, or the law. You will also continue to negotiate with your family, your friends, and yourself. This course is designed to: (1) develop your understanding of negotiation, and your awareness of yourself as a negotiator; (2) give you some tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, reflection, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory (including interviewing, counseling, negotiation, fact analysis, legal analysis, and collaboration), you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system. The Negotiation Seminar is an intense, interactive course. We will require weekly preparation of readings, simulations, and written assignments. Basically, you will learn by reading about specific research and doing simulated negotiations -- figuring out with the rest of the class what works and what does not, writing about what you're learning, and trying again. Because participation in the simulations is central to the course, attendance at all classes is required. Since we will begin our simulation exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the instructor.) Add-drop decisions need to be resolved at the first class. Elements used in grading: Class participation, attendance and written assignments. There is a mandatory class on Friday afternoon, (TBA).
Terms: Aut, Win, Spr
| Units: 3
Instructors:
Kennedy, J. (PI)
;
Lee, J. (PI)
;
Lum, G. (PI)
;
McClelland, C. (PI)
;
Powell, B. (PI)
;
Schurz, J. (PI)
;
Walker, J. (PI)
LAW 7824: Advanced Negotiation: Public Policy
Advanced Negotiation courses are designed to take students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar, to examine many facets of negotiation complexity, both in terms of the participants and topics. This section of Advanced Negotiation will focus on multi-party negotiations, working in teams, group decision-making, and negotiating on behalf of organizations to solve complex problems, specifically when there are divided communities. We will study negotiations and stakeholder dialogue processes involving a diverse set of public and private actors. In the context of both real and simulated case studies, we will address diverse public policy issues, including civil rights, racial justice, economic inequality and natural resources management. Civil unrest as experienced recently in police-community conflicts -- such as Ferguson and Baltimore as well as in the Occupy Movement -- increase polarization among groups of residents in ways not s
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Advanced Negotiation courses are designed to take students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar, to examine many facets of negotiation complexity, both in terms of the participants and topics. This section of Advanced Negotiation will focus on multi-party negotiations, working in teams, group decision-making, and negotiating on behalf of organizations to solve complex problems, specifically when there are divided communities. We will study negotiations and stakeholder dialogue processes involving a diverse set of public and private actors. In the context of both real and simulated case studies, we will address diverse public policy issues, including civil rights, racial justice, economic inequality and natural resources management. Civil unrest as experienced recently in police-community conflicts -- such as Ferguson and Baltimore as well as in the Occupy Movement -- increase polarization among groups of residents in ways not seen in decades. The unrest sometimes produces positive results. In many instances, participants experience the divisions as intense and pervasive, yet remain optimistic that they can be resolved. These deep divisions pose significant challenges to the integrity of our democratic society and can quickly escalate to bitter contests, leaving fissures within communities for decades, and possibly resulting in major economic damage and even loss of life. The goals of the class are twofold, for students (1) to acquire an added theoretical base beyond what was covered in the Negotiation Seminar through which to analyze, prepare for, participate in and facilitate more complex, multiparty negotiations, and (2) to expand skills through deeper examination of various actual negotiation cases and complex simulations. Special Instructions: Attendance at and participation in the simulations is required. Passing is dependent upon active participation, submission of several assigned short reflection papers, and completion of a substantial group paper and presentation analyzing a selected case (a completed or ongoing multi-party public policy dialogue) and the team's internal negotiation process. Prerequisite: Negotiation Seminar (
Law 7821) or its substantial equivalent. Elements used in grading: Class participation and engagement, including simulations; attendance; preparation for and contributions to discussion; short written assignments; final project involving group and individual components.
Terms: Win
| Units: 3
Instructors:
Lum, G. (PI)
LAW 7827: Advanced Legal Writing for American Practice
This course orients advanced degree students to a range of legal writing genres used by lawyers in practice in American law offices and before American courts. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis in a litigation context. The course presents students with realistic legal writing scenarios that they address in and out of class. Students perform legal research and analysis as they complete assignments designed to incorporate methods that American lawyers use to analyze typical legal problems while advocating on behalf of a hypothetical client in a litigation matter. This class is limited to Advanced Degree Students. Elements used in grading: Class Participation, Attendance, Written Assignments.
Terms: Win
| Units: 3
Instructors:
Rowe, B. (PI)
LAW 7846: Elements of Policy Analysis
This one-credit course supports students undertaking public policy analysis projects in the Policy Lab and in other policy-based courses. The course helps students gain facility with basic policy methods and approaches common to Policy Lab practicums. The core session of the course consists of six hours of classroom instruction on a (typically the Saturday at the end of the first week of classes). The morning session emphasizes thinking like a policy analyst (as distinguished from an advocate or lawyer), scoping policy problems, promoting and assessing evidence quality, and making valid (and avoiding invalid) inferences. Students apply learning in a team-based simulation exercise on a topical policy issue. The afternoon session introduces strategies for social change, including designing and evaluating programs that improve individual lives. The immersive exercise typically focuses on developing and evaluating a program to reduce childhood obesity. The course then offers a series of sh
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This one-credit course supports students undertaking public policy analysis projects in the Policy Lab and in other policy-based courses. The course helps students gain facility with basic policy methods and approaches common to Policy Lab practicums. The core session of the course consists of six hours of classroom instruction on a (typically the Saturday at the end of the first week of classes). The morning session emphasizes thinking like a policy analyst (as distinguished from an advocate or lawyer), scoping policy problems, promoting and assessing evidence quality, and making valid (and avoiding invalid) inferences. Students apply learning in a team-based simulation exercise on a topical policy issue. The afternoon session introduces strategies for social change, including designing and evaluating programs that improve individual lives. The immersive exercise typically focuses on developing and evaluating a program to reduce childhood obesity. The course then offers a series of short workshops: (1) interviewing policy clients and other stakeholders (especially where ethnic and cultural differences may be salient), (2) policy research tools and strategies, (3) design thinking for law and policy, (4) systems thinking, (5) resources and methods for cultural competencies, and (6) policy writing. Students should attend at least three of the six workshops to receive credit for the course. With guidance from their faculty instructors, students may then draw on the skills developed in this introductory seminar to analyze a public policy problem, develop potential strategies to address it, weigh the pros and cons of strategy options, and produce a final product that may offer options or recommendations to a policy client, suggestions for implementing such recommendations, and techniques to assess the effectiveness of implementation. Note that the students who enroll in a Law and Policy Lab practicum for the first time are asked to participate in the full-day methods bootcamp whether or not they undertake Elements of Policy Analysis for course credit. Attention Non-Law Students: See Non-Law Student Add Request Form at
https://law.stanford.edu/education/courses/non-law-students/ to enroll in this class. Elements used in grading: Attendance, Class Participation.
Terms: Aut, Win, Spr
| Units: 1
LAW 7849: Mediation Boot Camp
Mediation skills are invaluable to success in everything from negotiating commercial transactions to family interactions. Lawyers mediate most litigated cases, even those never filed in court. Do you want to be in the majority of people who constantly mediate, but never take a single mediation course? This course is a quick immersion in mediation advocacy, and mediation. It is intended for those who want to avoid being entirely unprepared for an essential part of legal practice and life. It is also intended for those who want to take a first step to see if mediation interests them. The two days of class will be an interactive exploration of the strategies, tactics and theories of mediation, and mediation advocacy. Class will include: 1) a concise overview of mediation approaches and theories, 2) skills exercises, 3) multiple mediation role plays, and 4) individualized video review. Together these will allow students to think about, practice, and experiment with, the most effective appr
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Mediation skills are invaluable to success in everything from negotiating commercial transactions to family interactions. Lawyers mediate most litigated cases, even those never filed in court. Do you want to be in the majority of people who constantly mediate, but never take a single mediation course? This course is a quick immersion in mediation advocacy, and mediation. It is intended for those who want to avoid being entirely unprepared for an essential part of legal practice and life. It is also intended for those who want to take a first step to see if mediation interests them. The two days of class will be an interactive exploration of the strategies, tactics and theories of mediation, and mediation advocacy. Class will include: 1) a concise overview of mediation approaches and theories, 2) skills exercises, 3) multiple mediation role plays, and 4) individualized video review. Together these will allow students to think about, practice, and experiment with, the most effective approaches to mediation advocacy and mediation. The course will be taught by Michael E. Dickstein, a full-time mediator of complex cases across the U.S. and Canada for more than twenty years, and a former partner in a leading law firm. Elements used in grading: Attendance, Class Participation, and Video Review. In Winter Quarter, this class will meet Friday February 23, 3:00PM-7:30PM and Saturday February 24, 9:30AM-5:30 PM. This class is limited to 15 students. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at
https://law.stanford.edu/education/courses/consent-of-instructor-forms/. See Consent Application Form for instructions and submission deadline.
Terms: Win
| Units: 1
Instructors:
Dickstein, M. (PI)
LAW 7850: Advanced Legal Writing: High-Tech Transactions
This is a practice-based, skills-building class requiring students to draft, edit, and negotiate a complex technology agreement. Using a biotechnology case as context, the curriculum is designed to translate contract principles and doctrine (to which students have been exposed,) into real-world practice. Students will acquire the foundational tools necessary to write clear, effective, plain-language provisions into agreements that memorialize a bargain between parties based on realistic situations. Exercises include simulations in which students will draft, edit, and negotiate sections of agreements. Students will also be expected to show an understanding of what it means to develop, foster, and sustain client trust, advocate in a client's best interests, as well as effectively and ethically engage with a counter-party's counsel. Students will function as senior associates in a law firm, or as in-house counsel tasked with managing licensing and commercial transactions for a technology
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This is a practice-based, skills-building class requiring students to draft, edit, and negotiate a complex technology agreement. Using a biotechnology case as context, the curriculum is designed to translate contract principles and doctrine (to which students have been exposed,) into real-world practice. Students will acquire the foundational tools necessary to write clear, effective, plain-language provisions into agreements that memorialize a bargain between parties based on realistic situations. Exercises include simulations in which students will draft, edit, and negotiate sections of agreements. Students will also be expected to show an understanding of what it means to develop, foster, and sustain client trust, advocate in a client's best interests, as well as effectively and ethically engage with a counter-party's counsel. Students will function as senior associates in a law firm, or as in-house counsel tasked with managing licensing and commercial transactions for a technology developer. A focus will be placed on understanding client's needs versus wants, as well as modes of supporting clients to achieve their goals while identifying, counseling, and mitigating legal risk. Exercises are designed to help students improve their critical thinking, due diligence, analysis, drafting, and editing skills, which deepens an understanding as to the expectations of attorneys and clients with whom they will be working and supporting respectively. Grades will be based heavily on class participation, skills built in simulated negotiations, as well as drafting exercises weighted by level of complexity. Students may elect credit for either experiential learning (EL) or professional writing (PW) for this course. Prerequisite: Completed an Introductory level Intellectual Property class (
LAW 4005). Waivers of the requirements will be offered on a case-by-case basis. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program.
Terms: Win
| Units: 3
Instructors:
Hornik, D. (PI)
;
Stanton, R. (PI)
LAW 8001: Corporate Governance and Practice Seminar
The seminar on corporate governance meets in the Autumn and Winter quarters and forms the core of the LL.M. Program in Corporate Governance & Practice. The course, designed to be taken in conjunction with Corporations in Autumn, takes an economic approach to the analysis of corporate law. In particular, we ask why American corporate law has its particular structure. We will seek to understand how the separation of ownership and control produces agency costs, and the ways in which corporate law seeks to remedy these through techniques like disclosure, fiduciary duties, shareholder litigation, voting, and hostile takeovers. We will read and discuss ongoing debates among scholars and practitioners about the agency cost framework, the merits and limits of current legal policies, and the role of institutional arrangements like activist shareholders. We will also consider the relevance of these disputes, and the effectiveness of corporate law and governance more generally, in the context of
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The seminar on corporate governance meets in the Autumn and Winter quarters and forms the core of the LL.M. Program in Corporate Governance & Practice. The course, designed to be taken in conjunction with Corporations in Autumn, takes an economic approach to the analysis of corporate law. In particular, we ask why American corporate law has its particular structure. We will seek to understand how the separation of ownership and control produces agency costs, and the ways in which corporate law seeks to remedy these through techniques like disclosure, fiduciary duties, shareholder litigation, voting, and hostile takeovers. We will read and discuss ongoing debates among scholars and practitioners about the agency cost framework, the merits and limits of current legal policies, and the role of institutional arrangements like activist shareholders. We will also consider the relevance of these disputes, and the effectiveness of corporate law and governance more generally, in the context of a variety of real-life incidents. No knowledge of economics is presupposed, so the course will also introduce basic economics and finance concepts necessary to understand these concepts. Some course sessions will feature outside speakers who will complement the discussions with real-world examples drawn from practice. Attendance and active participation are important to the success of the seminar and an important factor in the overall grade. Students are expected to have carefully read and reviewed assigned materials in advance of each session. Students will be required to submit short reflection papers that evaluate, critique, and discuss some or all of the assigned readings. Students will also be asked to prepare presentations and case studies. The class will be graded H/P/R/F in Autumn Quarter and Winter Quarter. This course is required for and limited to students in the Corporate Governance and Practice LL.M. Program. Elements used in grading: Class participation, attendance, and assignments. Class will meet according to the schedule set forth by the Registrar's office.
Terms: Aut, Win, Spr
| Units: 2
| Repeatable
3 times
(up to 4 units total)
Instructors:
An, J. (PI)
LAW 8012: SPILS Masters Thesis
The writing of a work of original scholarship in the area of research that each student chooses is necessary requirement of the JSM degree. During the winter quarter students are expected to submit two draft chapters: 1) any chapter of the fellow's choice in early February; and 2) a draft of the empirical research result's chapter in early March. During the spring quarter students are expected to finalize their research project, and write and submit their final thesis. Towards that end, students must complete and submit a draft of the whole thesis in early April. The final version, revised in response to the adviser's comments, must be submitted by the end of the quarter. The exact dates will be informed in advance by the teaching fellow. Elements used in grading: Thesis. This course is exclusive to SPILS students. The thesis is required for JSM graduation.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
Instructors:
Bartlett, R. (PI)
;
Belt, R. (PI)
;
Chacon, J. (PI)
...
more instructors for LAW 8012 »
Instructors:
Bartlett, R. (PI)
;
Belt, R. (PI)
;
Chacon, J. (PI)
;
Fagel, M. (PI)
;
Fisher, G. (PI)
;
Greely, H. (PI)
;
Horne, C. (PI)
;
MacCoun, R. (PI)
;
Milhaupt, C. (PI)
;
Zambrano, D. (PI)
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