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61 - 70 of 132 results for: LAW

LAW 1083: Startup Law: Sustainability

This course offers an opportunity to study the history, legal structure, and financial incentives of the startup economy while getting hands-on experience advising clients--Stanford founders building sustainability startups. The curriculum has three pillars: lectures and guest lectures outlining fundamental concepts and topics, a simulation in which all students will represent "Model Corporation" throughout its early life cycle, and advisory work on actual startup client matters. For the client work, students will perform client intake, draft an initial scope of work, complete due diligence and make supplemental due diligence requests, make any necessary adjustments to scope of work, and ultimately deliver work product in the format most appropriate & valuable for the particular matter (e.g., drafted documents, written memos, and oral presentations). Because of the nature of the client relationship the course relies on students' hard work, flexibility, and commitment to keeping pace wi more »
This course offers an opportunity to study the history, legal structure, and financial incentives of the startup economy while getting hands-on experience advising clients--Stanford founders building sustainability startups. The curriculum has three pillars: lectures and guest lectures outlining fundamental concepts and topics, a simulation in which all students will represent "Model Corporation" throughout its early life cycle, and advisory work on actual startup client matters. For the client work, students will perform client intake, draft an initial scope of work, complete due diligence and make supplemental due diligence requests, make any necessary adjustments to scope of work, and ultimately deliver work product in the format most appropriate & valuable for the particular matter (e.g., drafted documents, written memos, and oral presentations). Because of the nature of the client relationship the course relies on students' hard work, flexibility, and commitment to keeping pace with the material and assignments. The class will meet for 4 hours per week. Elements used in grading: Class Participation, Attendance, Written Assignments, and Client Deliverables. 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, Spr | Units: 4

LAW 2021: Regulating Firearms

This seminar will grapple with the issue of firearm regulation in the face of the aggrandized Second Amendment articulated by the Supreme Court in Heller in 2008 and Bruen in 2022. An important function of law is to establish the rules through which the government regulates and constrains the actions of individuals. Given the high level of firearm violence in the United States compared to other affluent nations, most Americans tell pollsters they would like to see greater levels of controls over firearms. Many other Americans -- including a majority of the Supreme Court and many state legislatures -- place a higher value on eliminating constraints on the ability to purchase and use firearms. As with all forms of regulation, the decision to regulate firearms involves complex questions concerning 1) the cost and benefits of government action; 2) the empirical resolution of these issues; 3) the determination about what institution is best equipped to reach or evaluate these empirical judg more »
This seminar will grapple with the issue of firearm regulation in the face of the aggrandized Second Amendment articulated by the Supreme Court in Heller in 2008 and Bruen in 2022. An important function of law is to establish the rules through which the government regulates and constrains the actions of individuals. Given the high level of firearm violence in the United States compared to other affluent nations, most Americans tell pollsters they would like to see greater levels of controls over firearms. Many other Americans -- including a majority of the Supreme Court and many state legislatures -- place a higher value on eliminating constraints on the ability to purchase and use firearms. As with all forms of regulation, the decision to regulate firearms involves complex questions concerning 1) the cost and benefits of government action; 2) the empirical resolution of these issues; 3) the determination about what institution is best equipped to reach or evaluate these empirical judgments; and 4) the competing visions about the rights of the individual versus the public welfare. We will explore all of these issues in light of the currently evolving complexity of constitutional constraints imposed by the right to keep and bear arms, which will involve a focus on the complex interactions of law, regulation, social science, history, and constitutional law on an issue of considerable present political and substantive salience. Elements used in grading: Attendance, class participation, written assignments, & final paper.
Terms: Win | Units: 2
Instructors: Donohue, J. (PI)

LAW 2029: Law and Disorder: Advanced Criminal Law

This seminar is essentially an advanced criminal law class in which we will be studying selected criminal law/procedure issues. The only prerequisite is having taken Criminal Law. Each week you will be asked to watch a particular episode of the long running television series: Law and Order or one of the spin-offs. As you may know there are nearly 1000 episodes and we will be watching and discussing only nine. There are many strong and differing opinions about favorite episodes, so it is likely we will not be studying one of your personal favorites. We will however, discuss such recurring issues like police cutting corners in connection with 4th and 5th Amendment rights, the role of plea bargaining, the role of different actors in the system and so much more. The class will meet twice a week for (60/75?) minutes. During the first class, we will watch selected portions of the television show (you will have already watched the episode prior to the class) and then we will then discuss, at more »
This seminar is essentially an advanced criminal law class in which we will be studying selected criminal law/procedure issues. The only prerequisite is having taken Criminal Law. Each week you will be asked to watch a particular episode of the long running television series: Law and Order or one of the spin-offs. As you may know there are nearly 1000 episodes and we will be watching and discussing only nine. There are many strong and differing opinions about favorite episodes, so it is likely we will not be studying one of your personal favorites. We will however, discuss such recurring issues like police cutting corners in connection with 4th and 5th Amendment rights, the role of plea bargaining, the role of different actors in the system and so much more. The class will meet twice a week for (60/75?) minutes. During the first class, we will watch selected portions of the television show (you will have already watched the episode prior to the class) and then we will then discuss, at a very high level, the criminal law issues which the show raises. During the second class, a few assigned students will undertake an in-depth analysis of those issues and will lead the discussion. All students will be expected to write a paper on a criminal law topic raised during the class in lieu of a final exam. Special Instructions: This course can satisfy the Research "R" requirement. The instructor and the student must agree whether the student will receive "R" credit. For "R" credit, the paper is substantial and is based on independent research. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation, Final Paper.
Terms: Win | Units: 3

LAW 2401: Advanced Civil Procedure

This course will address significant areas of procedural law and design that go beyond the first- year civil procedure course, with special attention to aggregate and multiparty litigation (e.g., class actions and Multidistrict Litigation (MDL)). Contemporary litigation frequently involves multiple related actions, multiple parties, and multiple claims that may interact in complex ways, and often aspires to reform institutions in addition to seeking remedies for discrete past harms. This course introduces procedural doctrine, theory, norms, and practice related to complex and/or public law litigation, including such topics as the joinder of claims and parties, claim and issue preclusion, class action law, multidistrict litigation and other forms of aggregation, and the turn towards mandatory arbitration. We will spend much of the quarter on class actions and MDLs (which account for 20-40% of all federal cases!). The course should be of particular interest to aspiring litigators (in any more »
This course will address significant areas of procedural law and design that go beyond the first- year civil procedure course, with special attention to aggregate and multiparty litigation (e.g., class actions and Multidistrict Litigation (MDL)). Contemporary litigation frequently involves multiple related actions, multiple parties, and multiple claims that may interact in complex ways, and often aspires to reform institutions in addition to seeking remedies for discrete past harms. This course introduces procedural doctrine, theory, norms, and practice related to complex and/or public law litigation, including such topics as the joinder of claims and parties, claim and issue preclusion, class action law, multidistrict litigation and other forms of aggregation, and the turn towards mandatory arbitration. We will spend much of the quarter on class actions and MDLs (which account for 20-40% of all federal cases!). The course should be of particular interest to aspiring litigators (in any substantive area), future judicial clerks, and public interest lawyers, and complements other curricular offerings in complex and constitutional litigation. By the end of the course, students should be able to identify a range of mechanisms for aggregate litigation in the federal courts; distinguish counsel's responsibilities in class actions as compared to multidistrict litigation; explain the requirements for class certification and settlement approval under Rule 23 of the Federal Rules of Civil Procedure; articulate and evaluate arguments for and against class certification or settlement approval in a given case or fact pattern; and appreciate the logistical and ethical challenges presented by modern MDLs. Elements used in grading: Exam, class participation.
Terms: Win | Units: 3
Instructors: Zambrano, D. (PI)

LAW 2402: Evidence

Evidence rules constrain proof at criminal and civil trials. We will study the Federal Rules of Evidence, related caselaw, and those constitutional concepts that limit proof at criminal trials. Topics include relevance, unfair prejudice, character evidence, impeachment, the rape shield law, hearsay, the Confrontation and Compulsory Process Clauses, and expert testimony. Please note that the California Bar Examiners have posted this announcement: "Applicants should be prepared to answer questions that have issues concerning the Federal Rules of Evidence and the California Evidence Code. Applicants should be prepared to compare and contrast the differences between the Federal Rules and the California Evidence Code, especially where the California rules of evidence have no specific counterparts in the Federal Rules." This evidence course covers only the Federal Rules of Evidence and does not address the California Evidence Code. Though similar principles govern the Federal Rules and California Code, the two sets of rules are not identical. Students preparing for the California Bar Exam will have to learn some new material. Elements used in grading: Final exam (one-half essay and one-half multiple choice).
Terms: Win | Units: 5
Instructors: Fisher, G. (PI)

LAW 2403: 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 litigation cannot be understood without engaging the historical and theoretical context, especially the social, political, and legal movements in response to which the federal courts have developed and related assumptions about structural constitutional theory (including federalism, supremacy, separation of powers, and judicial review). 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, Sup more »
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 litigation cannot be understood without engaging the historical and theoretical context, especially the social, political, and legal movements in response to which the federal courts have developed and related assumptions about structural constitutional theory (including federalism, supremacy, separation of powers, and judicial review). 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), the doctrine will be assessed from an interdisciplinary perspective, including 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 recommended for students interested in pursuing a career in litigation, government service, and/or judicial clerkships. Special Instructions: In Winter 2023 the Federal Courts class will be capped at 45 students and conducted in small group sessions of 5 students per group. Required class participation includes (a) weekly pre-recorded lectures introducing assigned materials, and (b) weekly small group sessions. The small group sessions are led by Professor Spaulding every week. Some groups will have their sessions during the regularly scheduled hours of the course, but most groups will meet in sessions scheduled during other mutually convenient time slots each week. (Scheduling software will be used to generate time slots for each group for the quarter and students' availability will be solicited). The readings and pre-recorded lectures must be completed before attending small group sessions. The small group sessions run approximately 70 minutes each week and will be led by Professor Spaulding in person assuming health regulations permit. If this is not possible, they will be conducted online. The goal of this format is to create an engaging, interactive, and intellectually rigorous setting for exploration of the course materials and themes. Note that class time is not used for basic exposition of cases -- students are expected to have used the readings and lectures to internalize the basic doctrine. We will instead use our sessions to focus on the hardest doctrinal and structural constitutional questions presented by the cases. Each group will cover a common set of 'hard questions,' so careful preparation is obligatory. There is usually some time for brief Q&A each week, but the sessions are not conducted as open-ended tutorials. Although none is a prerequisite, students generally report that it is useful to have taken some or all of the following classes: Advanced Civ Pro, Administrative Law, Con Law II, Criminal Procedure, Remedies. Elements used in grading: Grading will be based on attendance, participation, a short paper, and a take home final exam. Interested students should fill out a consent form indicating understanding of and interest in this format. Course Planning Note: The law school offers a standard format, open enrollment course in another quarter, so if you are not interested in the small group format or can't take the risk of consent admission in the winter quarter, please plan your academic year and course selection accordingly. 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: 4

LAW 2407: Arbitration: Law, Practice & Politics

Arbitration, once narrowly defined as a party-selected method for resolving contract-based disputes arising out of commercial transactions, is now ubiquitous. In the U.S. in addition to resolving run-of the-mill commercial disputes, arbitration may be used to resolve claims invoking anti-trust, securities, and civil rights law, and consumers, employees, patients and other individual claimants may be held to arbitration provisions included in form contracts drafted by corporations that the individuals overlooked or barely understood. Businesses too may find themselves held to an arbitration clause hastily chosen by a transactional lawyer who didn't understand what she was committing her client to. Economic globalization has created increased demand for international commercial arbitration, which offers binding resolution of trans-national business disputes, enforceable in virtually every court in the world. The increased frequency of complex high-value international transactions involvi more »
Arbitration, once narrowly defined as a party-selected method for resolving contract-based disputes arising out of commercial transactions, is now ubiquitous. In the U.S. in addition to resolving run-of the-mill commercial disputes, arbitration may be used to resolve claims invoking anti-trust, securities, and civil rights law, and consumers, employees, patients and other individual claimants may be held to arbitration provisions included in form contracts drafted by corporations that the individuals overlooked or barely understood. Businesses too may find themselves held to an arbitration clause hastily chosen by a transactional lawyer who didn't understand what she was committing her client to. Economic globalization has created increased demand for international commercial arbitration, which offers binding resolution of trans-national business disputes, enforceable in virtually every court in the world. The increased frequency of complex high-value international transactions involving key industries -- e.g. energy and telecommunications -- has led to an increasing fraction of transnational business disputes with a significant public policy dimension. Moreover, the desires of countries with less developed economies to attract foreign direct investment has led to the creation of a specialized form of arbitration for disputes between private investors and states. Often bundled with other forms of alternative dispute resolution ("ADR") such as mediation, arbitration is actually a rule-defined adjudicative procedure, in which parties submit their disputes to privately-chosen and privately-paid decision-makers who deliver binding (and usually unappealable) outcomes, often in closed proceedings. The law that governs arbitration is a mix of domestic statutes (e.g., in the U.S., the Federal Arbitration Act) and international conventions (e.g., the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID")) that have been entered into by a large majority of countries. Today, arbitration offers a challenging and lucrative practice area to lawyers representing corporations in multiple industries, in domestic and international contexts, and to lawyers serving as arbitrators, who often command high hourly rates. Understanding the differences and similarities among arbitration law and practice in multiple domains and the intersection of public and private law is valuable to lawyers who specialize in arbitration. This seminar is intended for students who wish to develop this capacity as well as for students who want to understand better how to draft business contracts that will protect their clients should they find themselves subject to arbitration. Although arbitration is well-accepted around the world, certain applications of arbitration have become increasingly controversial. In the U.S. the requirement that employees agree to arbitrate sexual harassment claims as a condition of employment has led to boycotts against "big law" firms. Requirements to arbitrate disputes between private investors and national governments have knocked high-profile multi-lateral trade negotiations off-track. Some business decision-makers are turning away from arbitration for "ordinary" commercial disputes, arguing that it has become as expensive and time-consuming as court adjudication, without the protections of the latter. In this course we will consider separately and together, the statutes that provide the legal framework for arbitration, the specific rules that govern different types of arbitration, the ongoing controversies evoked by some of these rules and their application, and the reforms that have been proposed in response to these controversies. We will read and discuss U.S. case law, international arbitration decisions, academic commentary and empirical analyses of arbitration use and consequences, and hear from leading arbitration practitioners. Students will select aspects of arbitration law or practice or the controversies that surround it and write research papers on their topic of interest. Elements used in grading: Attendance, Class Participation, Final Paper. 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: 3
Instructors: Hensler, D. (PI)

LAW 2409: Anatomy of the Opioid Litigation: A Case Study in Complex Litigation

Although easy to lose sight of in the midst of the Coronvirus epidemic, the United States is in the midst of an opioid addiction epidemic. More than 10 million Americans 12 years and older are estimated to have misused opioids in 2018, most of which misuse was linked to prescription drugs. Approximately 47,000 Americans died of opioid overdoses in that year. Opioid use is reported to have peaked in 2011 but opioid addiction remains a problem in many parts of the country (CNN Editorial Research, "Opioid Crisis Fast Facts," June 21, 2020, available at https://www.cnn.com/2017/09/18/health/opioid-crisis-fast-facts/index.html). The opioid crisis presents a variety of public policy challenges. Like the Crack epidemic of the 1980s, opioid misuse has had disproportionate effects on certain communities. While the former disproportionately affected poor Black urban communities and other urban communities of color, the latter has primarily affected poor White communities, particularly in non-co more »
Although easy to lose sight of in the midst of the Coronvirus epidemic, the United States is in the midst of an opioid addiction epidemic. More than 10 million Americans 12 years and older are estimated to have misused opioids in 2018, most of which misuse was linked to prescription drugs. Approximately 47,000 Americans died of opioid overdoses in that year. Opioid use is reported to have peaked in 2011 but opioid addiction remains a problem in many parts of the country (CNN Editorial Research, "Opioid Crisis Fast Facts," June 21, 2020, available at https://www.cnn.com/2017/09/18/health/opioid-crisis-fast-facts/index.html). The opioid crisis presents a variety of public policy challenges. Like the Crack epidemic of the 1980s, opioid misuse has had disproportionate effects on certain communities. While the former disproportionately affected poor Black urban communities and other urban communities of color, the latter has primarily affected poor White communities, particularly in non-coastal areas of the country. The former was met with popular criticism of its victims and draconian criminal justice policies that incarcerated a generation of Black Americans and other people of color. The latter has been met with an outpouring of concerned media commentary, and funding (however insufficient) for public treatment programs. It is difficult not to conclude that systemic engrained racism explains much of this difference. The opioid crisis also differs from the crack crisis, however, in that opioid victims and their advocates have been able to target responsible parties and attempt to hold them accountable for the harm and losses their conduct has imposed on addicts, their families and their communities. It is widely agreed that the origin of the epidemic was the virtually unlimited distribution of prescription opioid drugs, allegedly encouraged by the drug manufacturers and enabled by other corporations in the pharmaceutical supply chain and by the physicians who prescribed the drugs. The opioid epidemic has also led to a wide-ranging litigation, which has taken as its role model earlier litigation against tobacco manufacturers and ongoing litigation against gun manufacturers. The opioid litigation stands as an example of joining private and public civil litigation to claim compensation for losses due to alleged wrongdoing by private corporations and in the process reshape public policy with regard to harm. To prevail against defendants, plaintiffs have had to persuade courts to apply liability doctrine in unusual although not entirely new ways. Much of the litigation resulting from opioid overdoses and addiction has been contested in the federal courts, which have deployed an armamentarium of formal and informal procedural rules and practices developed over the past several decades to manage and resolve large-scale litigation. Innovative approaches have been adopted by the federal judge assigned to manage the litigation. Key defendants have chosen to manage their liability by seeking the protection of the bankruptcy courts. In sum, the opioid litigation offers opportunities to consider the roles of socio-economic inequality and racial attitudes in shaping perceptions of harm, the potential of tort law to provide remedies for losses, and the challenge of pursuing remedies for mass loss in federal courts. Through readings, guest lectures, discussion and individual research papers on relevant topics of your choice, this seminar will provide both practical information about litigating mass tort claims and space to consider the appropriate role of courts in solving social policy problems. Attendance, Class Participation, Written Assignments, Final Paper.
Terms: Win | Units: 3
Instructors: Hensler, D. (PI)

LAW 2505: Land Use Law

This course focuses on the practical aspects of contemporary land use law and policy, including: the tools and historical/legal foundation of modern land use law; zoning and General Plans; subdivision of land; the process of land development; vested property rights and development agreements; environmental review; environmental justice; growth control, sprawl, housing density, and affordable housing; constitutional challenges to land use regulation; redevelopment; historic preservation; direct democracy over land use; and sea level rise, climate change and climate action plans. Special Instructions: Attendance and student participation is essential; roughly four-fifths 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 analysis of pending disputes. This class is limited to 20 students selected by consent. Elements used in grading: attendance, class participation, two short writing assignments, oral presentation of a report from attendance at a public meeting by a land use regulatory agency, and a final exam.
Terms: Win | Units: 3
Instructors: Fox, T. (PI)

LAW 2508: The Business of Water

Freshwater is our most crucial natural resource, but it is facing mounting pressures from climate change and other factors. While public agencies traditionally dominated water management, private water companies are playing an increasingly important (and sometime controversial) role. In many cases, private companies are making critical contributions to meeting societal water needs (e.g., by developing new technologies and finding new ways to reduce water use). In other cases, however, the involvement of private companies has proven controversial (e.g., when private companies have taken over public water supply systems in developing countries such as Bolivia). This course will look at established and emerging businesses in the water sector and the legal, economic, and social issues generated by the private sector's involvement. These businesses include water technology companies (e.g., companies commercializing new desalination or water recycling technologies), venture capitalists, wate more »
Freshwater is our most crucial natural resource, but it is facing mounting pressures from climate change and other factors. While public agencies traditionally dominated water management, private water companies are playing an increasingly important (and sometime controversial) role. In many cases, private companies are making critical contributions to meeting societal water needs (e.g., by developing new technologies and finding new ways to reduce water use). In other cases, however, the involvement of private companies has proven controversial (e.g., when private companies have taken over public water supply systems in developing countries such as Bolivia). This course will look at established and emerging businesses in the water sector and the legal, economic, and social issues generated by the private sector's involvement. These businesses include water technology companies (e.g., companies commercializing new desalination or water recycling technologies), venture capitalists, water funds (that directly buy and sell water rights), consulting firms, innovative agricultural companies, and large corporations (that increasingly are adopting corporate stewardship programs). The course will begin with two weeks of introduction to water and the private water sector. After that, each class will focus on a different water company. Company executives will attend each class session and discuss their business with the class. In most classes, we will examine (1) the viability and efficacy of the company's business plan, (2) the legal and/or social issues arising from the business' work, and (3) how the business might contribute to improved water management and policy. Each student will be expected to write (1) two short reflection papers on businesses that visit the class, and (2) a 10- to15-page paper at the conclusion of the class on an idea that the student has for a new water company, on an existing water company of the student's choice, or on a legal or policy initiative that can improve the role that business plays in improving water management (either in a particular sector or more generally). This course is open to graduate students from around the campus. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Cross-listed with Civil & Environmental Engineering ( CEE 273B).
Terms: Win | Units: 2
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