printer friendly pageLAW 7107: Executive Power Under the Constitution
This course, taught for the second time, will address the full range of issues involving executive power under the U.S. Constitution, including the process of election, foreign affairs (including control of foreign relations, command of the military, and control over national security, surveillance, and the like), authority of the President over executive agencies (including the power of removal and the duty to enforce the law), congressional oversight and executive privilege, executive statutory and constitutional interpretation, the budget process, and civil and criminal litigation against the president. The course will begin with an overview of the development of Article II at the Constitutional Convention, based in part on the instructor's recent book, THE PRESIDENT WHO WOULD NOT BE KING (Princeton Univ. Press 2020). Each topic will include historical context, relevant Supreme Court and lower court opinions, legal materials and commentary from outside the courts, and discussion of recent controversies. Grading will be based on class participation, plus a four-part take-home examination that will be assigned and completed in four segments during the quarter. Cross-listed with Political Science (
POLISCI 326).
Terms: Spr
| Units: 2
Instructors:
McConnell, M. (PI)
LAW 7117: Platform Regulation and the First Amendment
Social media platforms are arguably the most important channels of communication in the modern world, but it's not always clear how existing legal frameworks apply to them--not to mention the proliferation of new laws attempting to rein platforms in. This course will explore the changing legal landscape governing platforms, and the role of the First Amendment in either constraining legal changes or being the vehicle through which such changes are made. We will explore topical and live legal issues in the platform regulation space, which may include section 230 of the Communications Decency Act, attempts to impose must-carry and common carrier obligations on platforms to carry certain speech, how the First Amendment constrains government actors on social media, the constitutionality of imposing transparency and due process requirements on platforms' content moderation practices, attempts to restrict minors' access to social media, or efforts to ban certain platforms altogether. Students
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Social media platforms are arguably the most important channels of communication in the modern world, but it's not always clear how existing legal frameworks apply to them--not to mention the proliferation of new laws attempting to rein platforms in. This course will explore the changing legal landscape governing platforms, and the role of the First Amendment in either constraining legal changes or being the vehicle through which such changes are made. We will explore topical and live legal issues in the platform regulation space, which may include section 230 of the Communications Decency Act, attempts to impose must-carry and common carrier obligations on platforms to carry certain speech, how the First Amendment constrains government actors on social media, the constitutionality of imposing transparency and due process requirements on platforms' content moderation practices, attempts to restrict minors' access to social media, or efforts to ban certain platforms altogether. Students will complete multiple short reflection papers throughout the quarter. Students may elect to write a substantial research paper for R-credit with instructor permission. Students taking the course for R-credit (Section 02) will receive 3 units. After the term begins, students enrolled in the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructors. Elements used in grading: Class Participation, Written Assignments. Interested students are asked to fill out a very short application form, in order to gauge the level of background knowledge the class will have. CONSENT APPLICATION: To access the consent application for this course, go to link SLS Registrar
https://registrar.law.stanford.edu/ and then click SUNetID Login in the top right corner of the page. See application for deadline and instructions.
Terms: Spr
| Units: 3
Instructors:
Douek, E. (PI)
LAW 7122: Political Violence and the Law
Twenty years after September 11, 2001, and the onset of the U.S.-led global war on terror, fears of political violence within the United States are rising and shifting. Between the assault on the Capitol on January 6, 2021, record numbers of hate crimes targeting identity groups, and growing proportions of the American public expressing support for violence against the state, the specter of political violence has generated new legal questions and rekindled old ones. How does the law conceptualize "political" crimes or "crimes against the state"? What are the legal, political, and symbolic differences between categories such as treason, terrorism, insurrection, sedition, and hate crimes? How does the law conceptualize such violence in comparison with violence by the state? How should government institutions, including executive agencies and courts, respond to the threat of political violence while protecting rights, supporting equality, and aspiring to democratic accountability? This se
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Twenty years after September 11, 2001, and the onset of the U.S.-led global war on terror, fears of political violence within the United States are rising and shifting. Between the assault on the Capitol on January 6, 2021, record numbers of hate crimes targeting identity groups, and growing proportions of the American public expressing support for violence against the state, the specter of political violence has generated new legal questions and rekindled old ones. How does the law conceptualize "political" crimes or "crimes against the state"? What are the legal, political, and symbolic differences between categories such as treason, terrorism, insurrection, sedition, and hate crimes? How does the law conceptualize such violence in comparison with violence by the state? How should government institutions, including executive agencies and courts, respond to the threat of political violence while protecting rights, supporting equality, and aspiring to democratic accountability? This seminar explores contemporary policy questions in light of a broader theoretical, historical, and legal context. This course has two grading options. You may either choose to complete four response papers (4-5 pages each) responding to the week's readings or write a 18-20 page research paper for R credit. Elements used in grading: Attendance, class participation, and written assignments or a final research paper.
Terms: Spr
| Units: 2
LAW 7129: Litigation and Public Policy
In this course we will discuss issues involved in litigating challenges to government policies. Some of the case examples will be from the instructor's time in the San Francisco City Attorney's Office and on the bench in the Northern District of California. Topics will include injunctive relief (including nationwide injunctions); the interaction between litigation and the legislative/rulemaking process; who can (and who should) sue on public policy questions; how to navigate the fuzzy dividing line between lawyer and policymaker when giving legal advice to elected officials; and the overall role of the courts in addressing significant public policy concerns. Elements used in grading: Attendance, class participation, written assignments. Class meets Tuesday from 4:15 to 6:30 on April 16, April 23, April 30, and May 7.
Terms: Spr
| Units: 1
Instructors:
Chhabria, V. (PI)
LAW 7521: Data: Algorithms, Tools, Policy, and Society
A broad multidisciplinary examination of the use and impacts of data, including fundamental principles and algorithms, tools for data analysis, visualization, and machine learning, policy issues, and societal considerations. Specific topics include: data provenance (where data comes from and how it's processed), the role and value of data in analytics and decision-making, data and algorithmic fairness, data privacy, the concentration of data as power, and issues of data governance and regulation, including transparency and due process. In addition to case studies, conceptual frameworks, theoretical underpinnings, and algorithms, the course provides practical experience through hands-on work where students use tools to explore issues from class on real data. Elements used in grading: Final Exam and TBA. Cross-listed with Computer Science (
CS 125).
Terms: Spr
| Units: 2
LAW 7807: Facilitation for Attorneys
Most lawyers and other professionals spend a significant amount of time in meetings and working in teams or groups for a variety of purposes, and many report that this can be a frustrating experience. As the practice of law becomes more complex, it includes more and more situations where groups of people need to work together planning complex legal strategies, developing firm policies, working with corporations or other multi-person clients, or participating in shareholder meetings, public commissions and councils, corporate and non-profit board of directors meetings. Group functionality and outcomes can be significantly improved by any group member who has the awareness and skills of a facilitator, whether or not that person is formally designated as the facilitator. The interactive class methodology will combine discussion with many exercises and roleplays, putting facilitation tools into practice every step of the way. We will examine group dynamics and learn skills used by professi
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Most lawyers and other professionals spend a significant amount of time in meetings and working in teams or groups for a variety of purposes, and many report that this can be a frustrating experience. As the practice of law becomes more complex, it includes more and more situations where groups of people need to work together planning complex legal strategies, developing firm policies, working with corporations or other multi-person clients, or participating in shareholder meetings, public commissions and councils, corporate and non-profit board of directors meetings. Group functionality and outcomes can be significantly improved by any group member who has the awareness and skills of a facilitator, whether or not that person is formally designated as the facilitator. The interactive class methodology will combine discussion with many exercises and roleplays, putting facilitation tools into practice every step of the way. We will examine group dynamics and learn skills used by professional facilitators to prevent common problems and elicit the best work of a group. We will explore how to prepare effectively with clear goals, collaborative problem definition, inclusive process design and a well-structured agenda. We will also discuss and practice core meeting management skills such as how to balance voice and participation, build consensus, inspire creativity and promote principled evaluation and decision-making. Finally, we will identify and apply communication skills that keep group sessions productive, and tools to manage difficult moments and problem behaviors. Class Schedule dates: In Autumn, this class will meet Friday, Oct 27: 4-9pm, Sunday, Oct 29: 9a-6p, and Saturday, Nov 4: 9a-5p. In Spring, this class will meet Friday, April 5 from 4-9 pm, Sunday, April 7 from 9 am-5 pm, and Sunday April 14 from 9 am-5 pm Elements used in grading: Class attendance, participation and final paper.
Terms: Aut, Spr
| Units: 2
Instructors:
Notini, J. (PI)
LAW 7809: Advanced Legal Research: Litigation
This course aims to prepare law students for research in litigation practice and judicial clerkships. More broadly, the primary goal is to enable students, now and later in their professional lives, to map out a coherent plan of action when asked to research a topic previously unfamiliar to them. Students should acquire a solid knowledge of research tools and a frame of reference that enables them to function independently and competently in the complex world of legal information. Students will accomplish the following learning objectives: (1) demonstrate, analyze, and execute common research strategies and processes related to legal research, and habitually assess your research strategies and processes as you research; (2) develop an understanding of and approach to researching common litigation research questions; and (3) find, evaluate, and use legal research materials, including different types of secondary sources and primary sources, to answer general and specific research questi
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This course aims to prepare law students for research in litigation practice and judicial clerkships. More broadly, the primary goal is to enable students, now and later in their professional lives, to map out a coherent plan of action when asked to research a topic previously unfamiliar to them. Students should acquire a solid knowledge of research tools and a frame of reference that enables them to function independently and competently in the complex world of legal information. Students will accomplish the following learning objectives: (1) demonstrate, analyze, and execute common research strategies and processes related to legal research, and habitually assess your research strategies and processes as you research; (2) develop an understanding of and approach to researching common litigation research questions; and (3) find, evaluate, and use legal research materials, including different types of secondary sources and primary sources, to answer general and specific research questions. Learning legal research requires a hands-on approach, so students will complete in-class exercises, homework assignments, and a final research hypothetical -- all of which contribute to grading. There will not be a final exam. This course is open to Stanford graduate students with permission from the instructors.
Terms: Spr
| Units: 3
Instructors:
Joy, H. (PI)
;
Lo, G. (PI)
LAW 7815A: 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 wide range of realistic drafting and research exercises. These exercises help students sharpen their skills in analysis, drafting, and editing, 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 busine
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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 wide range of realistic drafting and research exercises. These exercises help students sharpen their skills in analysis, drafting, and editing, 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: Win, Spr
| Units: 3
Instructors:
Bautista, M. (PI)
LAW 7816: 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 context. Students will draft a predictive office memo, an e-mail memo, and memorandum in support of a motion for summary judgment. Students also will complete short writing exercises in class to practice skills such as omitting surplus words, preferring active voice, using concrete words, punctuating carefully, etc. The goals of this class are to help students organize facts, legal rules, and analysis in a succinct and logical way, to deepen their understanding of legal reasoning and writing, and to hone their advocacy skills. The course should appeal to students interested in litigation practice and those wishing to strengthen their writing. Elements used in grading: Written work, class participation, and attendance. 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: Spr
| Units: 3
Instructors:
Pearson, L. (PI)
LAW 7819: Mediation
As law is practiced today, attorneys are far more likely to participate in multiple mediations than trial. Mediation has become the preferred approach to conflict resolution in most states and many parts of the world. With the assistance of a mediator, parties can reach agreements at any stage in a dispute, in some cases avoiding litigation altogether, in other cases agreeing just before trial or when the case is on appeal. The course goals are to understand the nature of conflict and principles of conflict management, to develop the oral and written communication skills essential to effective mediation, to evaluate various mediation models and mediator styles, to practice all of the phases of a mediation and appropriate use of caucus, to consider the policy and ethical implications of the expanding use of mediation, and to develop the skills necessary to represent clients in mediation. The class methodology is highly experiential, with more than half of the class consisting of practic
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As law is practiced today, attorneys are far more likely to participate in multiple mediations than trial. Mediation has become the preferred approach to conflict resolution in most states and many parts of the world. With the assistance of a mediator, parties can reach agreements at any stage in a dispute, in some cases avoiding litigation altogether, in other cases agreeing just before trial or when the case is on appeal. The course goals are to understand the nature of conflict and principles of conflict management, to develop the oral and written communication skills essential to effective mediation, to evaluate various mediation models and mediator styles, to practice all of the phases of a mediation and appropriate use of caucus, to consider the policy and ethical implications of the expanding use of mediation, and to develop the skills necessary to represent clients in mediation. The class methodology is highly experiential, with more than half of the class consisting of practice from the perspective of client, advocate and mediator. The course also includes readings and discussions, brief interactive lectures, demonstrations and videotaped sessions. Each student receives individual feedback from an experienced Bay Area mediator and develops skills that will be useful in client development, interviewing, counseling, fact development and legal analysis, negotiation and a variety of contexts beyond mediation. You are encouraged to apply if you have taken (or are concurrently taking) the basic negotiation class or its equivalent in studies or experience. Elements used in grading: Class participation, attendance at all classes, and assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 3
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