printer friendly pageLAW 610: Trial Advocacy Workshop
This lawyering skills course gives students an orientation to and constant practice in most basic pretrial and trial advocacy skills areas. Topics include: taking and defending depositions, motion practice, trial evidence, including admission of trial exhibits in evidence and use of prior witness statements to refresh and impeach a witness, jury selection and voir dire, opening statements, direct and cross-examination of witnesses, and closing arguments. Students will try a full jury case through to verdict with use of jurors and usually before a real judge in the courthouse in Palo Alto at the end of the course. Students will also have a chance to watch the jurors deliberate and talk with them after their verdict. The course takes place during seven weeks of the Autumn Quarter with two classes (one lecture and one workshop) per week on most weeks from 4:15-9:00 (these usually occur on T, W, or Th, plus an occasional M), plus two Saturday workshops and the final weekend of jury trials, Saturday and Sunday November 14 and 15. Each day's ending time will vary; most sessions will end before 9:00. For a detailed schedule, contact Stephanie Basso at sbasso@
law.stanford.edu. The format for each topic begins with a lecture/discussion featuring video vignettes of various techniques and a live demonstration by an expert trial lawyer. Following the discussion portion of each topic are small group sessions during which each student practices the skills involved. Constructive feedback is given after each exercise by two of our faculty of very experienced Bay Area litigators and judges. Most exercises are also videoed for further one-on-one critique by another faculty member. The central philosophy of the workshop is that skills are best acquired in an experiential manner by seeing and doing. Frequent short, well-defined exercises followed by immediate constructive feedback in a non-competitive, non-threatening atmosphere provide the core of the program. The workshop directors are Tim Hallahan, Judge Sallie Kim and Jeff Kobrick. Tim has taught similar programs at Harvard Law School, the University of San Francisco School of Law, Boalt Hall, the California Continuing Education of the Bar, and in private and public interest law firms around the country. Sallie is a United States Magistrate Judge in San Francisco and was a partner in a civil litigation firm and also previously taught a class at SLS and served as Associate Dean for Student Affairs. Jeff is a partner in a civil litigation firm and has taught litigation skills courses at Harvard and Stanford Law Schools for a number of years. Special Instructions: If you haven't taken Evidence you must contact Tim Hallahan before the course begins for some brief pre-course reading assignments. There are no papers or tests, but attendance at every session is required. Since we will begin our trial advocacy exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the professor.) Add-drop decisions need to be resolved at the first class; no drops will be permitted thereafter. Exceptions to this rule will be made by petition only. Mandatory attendance. Elements used in grading: Attendance and in-class assignments.
Terms: Aut
| Units: 5
LAW 611: International Conflict Resolution Colloquium
(Same as
PSYCH 283,
POLISCI 403.) Sponsored by the Stanford Center on International Conflict and Negotiation (SCICN). Conflict, negotiation, and dispute resolution with emphasis on conflicts and disputes with an international dimension, including conflicts involving states, peoples, and political factions such as the Middle East and Northern Ireland. Guest speakers. Issues including international law, psychology, and political science, economics, anthropology, and criminology.
Last offered: Winter 2009
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
Instructors:
McConnell, M. (PI)
LAW 613: Dispute Systems Design
Lawyers are often called upon to help design systems for managing and resolving conflicts that support or supplant existing legal structures. The crisis of September 11 led Congress to pass a law creating the September 11 Fund; a California Supreme Court challenge to its method of resolving health care disputes led Kaiser Permanente to reform its arbitration system; years of atrocities committed against the people of South Africa, Guatemala and many other countries led to the formation of truth commissions. Lawyers helped to structure these and many other conflict resolution systems. We'll use a case study model to survey different kinds of conflict prevention, management and resolution systems, and examine different factors in their design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of short essays and a short research paper; or Option 2 (section 02) a long research paper involving independent research. Students electing option 2 (section 02) will be graded on the H/P/R/F system and will receive Research (R) credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Negotiation Seminar (
LAW 615) strongly preferred but not required. Elements used in grading: Class participation, attendance, written assignments and final paper. Attendance at the first class is mandatory.
Last offered: Spring 2015
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
LAW 615: Negotiation
As a lawyer, you will probably negotiate more than you do anything else. You will negotiate not just over cases, but any time that you need something that you cannot get alone. You will negotiate with your boss, your clients, your secretary, and all of their counterparts (plus the lawyers) on the other side. You will negotiate with "the system" whether it is the court, the government, the structure of society, or the law. You will also continue to negotiate with your family, your friends, and yourself. This course is designed to: (1) develop your understanding of negotiation, and your awareness of yourself as a negotiator; (2) give you some tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, reflection, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory, you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system. The Negotiation Seminar is an intense, interactive course. We will require weekly preparation of readings, simulations, and written assignments. Basically, you will learn by reading about specific research and doing simulated negotiations -- figuring out with the rest of the class what works and what does not, writing about what you're learning, and trying again. Because participation in the simulations is central to the course, attendance at all classes is required. Since we will begin our simulation exercises on the first day of class, all students who are interested in taking the course (whether enrolled or on the wait-list) need to be present for the first class. (Students who are not present will be dropped from the class or waiting list unless they have made previous arrangements with the professor.) Add-drop decisions need to be resolved at the first class; no drops will be permitted thereafter. Once you commit to the class, you must complete it or receive a failing grade. Exceptions to this rule will be made by petition only. Petitions of this type must be extraordinarily strong in order to be granted. Elements used in grading: Class participation, attendance and written assignments.
Terms: Aut, Win, Spr
| Units: 3
Instructors:
Becker, J. (PI)
;
Franklin, L. (PI)
;
Karsh, M. (PI)
...
more instructors for LAW 615 »
Instructors:
Becker, J. (PI)
;
Franklin, L. (PI)
;
Karsh, M. (PI)
;
Kennedy, J. (PI)
;
Lum, G. (PI)
;
Netsch, L. (PI)
;
Notini, J. (PI)
LAW 616: Complex Litigation
This course will examine the variety of procedures used to develop and manage complex litigation in the U.S., including class actions, multidistrict litigation, and high-stakes one-on-one litigation. Topics include judicial case management, electronic discovery, use of expert evidence, consolidation, class certification, quasi-class actions, trying complex cases, the substitution of arbitration for litigation, and how complex cases are funded. The course will consider these topics as they have played out in current cases, including social impact litigation, mass product defect claims, financial litigation including securities class actions, patent and copyright disputes, gender, race, and other discrimination claims, assisted by guest lectures by judges and lawyers. Early in the quarter each student will choose a recent or ongoing complex litigation to investigate. (A list of candidate litigations will be provided, but students are free to choose any complex litigation that interests them.) During the quarter, students will conduct research on the litigation including, where possible, contacting key participants for information and perspective. This research will serve as the basis for in-class discussion, focusing on different aspects of the litigation as the quarter progresses. Students will hand in 2 brief papers on the litigation they are researching during the course of the quarter, for review and comment, but not for grading, and a final paper including the two previous drafts plus additional analysis by the official Fall quarter paper deadline. Regular reading assignments will be tailored to allow time for this on-going student research. Elements used for grading: Final paper and class participation.
Terms: Aut
| Units: 3
Instructors:
Hensler, D. (PI)
LAW 617: Public Interest Law and Practice
This course will examine the history, theoretical frameworks, strategies and political position of public interest law practice and attorneys in the United States. We will consider the role of lawyers and the legal system in advancing social justice; different career paths of public interest lawyers; ethical issues related to working as a public interest lawyer; the personal impacts of this type of career choice; and strategies employed by lawyering in differing settings, from issue-based non-profits to government agencies, and private public interest law firms or legal services groups. Readings will include law review articles, legal pleadings and case studies that allow analysis and exploration of the tensions and challenges that exist within the legal system for public interest practitioners. Students will also be exposed to practical skills outside of litigation that social justice lawyers should understand. Students will be asked to produce several short papers throughout the quarter. For an additional credit and Research credit, students will be asked to produce a substantially longer paper on a related topic and can be excused from some of the shorter assignments. Students taking the seminar for Research credit can take the seminar for either 2 or 3 units, depending on the paper length. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, written assignments.
Terms: Win
| Units: 2-3
Instructors:
Chin, D. (PI)
LAW 620A: Criminal Prosecution Clinic: Clinical Practice
The six students enrolled in Stanford's Criminal Prosecution Clinic prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions or preliminary hearings. The cases, almost always felonies, include drug offenses, thefts, burglaries, assaults (including domestic assaults), weapons possessions, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least three full days a week at the D.A.'s office. All six students must spend all day Tuesdays and Thursdays on site. Each student also must choose a third on-site day that stays constant through the term. There generally will be two class sessions each week-a three-hour on-campus class and a lunchtime seminar in the D.A.'s office. At the beginning of the term classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term the focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. In rare cases a concurrent clinic module in evidence can fulfill this requirement. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered on a full-time basis for twelve credits. This format allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic are not permitted to enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from on-site and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) that would result in their earning more than twenty-seven clinical credits during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
Instructors:
Fisher, G. (PI)
LAW 620B: Criminal Prosecution Clinic: Clinical Methods
The six students enrolled in Stanford's Criminal Prosecution Clinic prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors. Students formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions or preliminary hearings. The cases, almost always felonies, include drug offenses, thefts, burglaries, assaults (including domestic assaults), weapons possessions, and a range of less common crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least three full days a week at the D.A.'s office. All six students must spend all day Tuesdays and Thursdays on site. Each student also must choose a third on-site day that stays constant through the term. There generally will be two class sessions each week-a three-hour on-campus class and a lunchtime seminar in the D.A.'s office. At the beginning of the term classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term the focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour the Santa Clara County crime lab, San Quentin Prison, and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. In rare cases a concurrent clinic module in evidence can fulfill this requirement. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered on a full-time basis for twelve credits. This format allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic are not permitted to enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from on-site and faculty supervisors. Students are expected to be available by email or cell phone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand longer hours. Enrollment in a clinic is binding; once selected by a clinic to which he or she has applied, a student may not drop the course later except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) that would result in their earning more than twenty-seven clinical credits during their law school career. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
| Repeatable
2 times
(up to 8 units total)
Instructors:
Fisher, G. (PI)
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