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This course examines how the law can be used to improve the public's health. The broad questions explored are: What authority does the government have to regulate in the interest of public health? How are individual rights balanced against this authority? What are the benefits and pitfalls of using laws and litigation to achieve public health goals? We will investigate these questions in a range of specific contexts, including controlling infectious diseases, preventing obesity, reducing tobacco use, promoting health equity, reducing firearm injuries, and responding to public health emergencies like COVID-19. In examining these contexts, we will ask and answer questions such as, what do the Constitution and key statutes permit? What makes a good public health law? Where do we see success stories and failures in public health law? What ethical and economic arguments justify government intervention to shape individuals' and companies' health-related behaviors? Instruction is through interactive lectures with a significant amount of class discussion. Class Participation, Final Exam. The class is limited to 40 students. Law students (including 1Ls) and graduate and professional students from other departments and schools are welcome to apply. CONSENT APPLICATION: To apply for this course, students must complete a Consent Application Form available from the SLS Registrar https://registrar.law.stanford.edu/. Cross-listed with Health Research & Policy ( HRP 237).

This class will explore laws and policies that affect the rights and welfare of individuals with mental disabilities, including severe mental illness (SMI) and intellectual/developmental disabilities (I/DD). Representative topics include civil commitment (involuntary hospitalization), forced outpatient treatment, and mental health conservatorship; California's Community Assistance, Recovery and Empowerment (CARE) Act; neurodiversity; the treatment of people with SMI and I/DD in the criminal justice system; the Americans with Disabilities Act (ADA); the Individuals with Disabilities in Education Act (IDEA); and mental health parity reform. A diverse array of knowledgeable stakeholders--clinicians, judges, attorneys, activists, individuals with mental illness or developmental disabilities, and family members--will join us as guest speakers to reflect on the strengths and weaknesses of the current system and discuss possible avenues for reform. The course will be graded on an MP/R/F basis. Elements used in grading: Class Attendance, Class Participation, Written Assignments. Special Instructions: ADD/DROP DECISIONS MUST BE MADE BY THE END OF THE FIRST WEEK OF THE QUARTER.

Why don't we have an HIV vaccine, or a cure for Alzheimer's disease? Why weren't we better prepared for the COVID-19 pandemic? Why do vast inequalities persist in who has access to biomedical innovations, and in what kinds of innovations are brought to market? In this policy-focused seminar we will examine the economics of biomedical R&D and the legal institutions that are designed to incentivize and allocate access to new advances, with an emphasis on drugs and vaccines. We will read and analyze scholarship about legal tools including patents and other intellectual property, FDA-administered regulatory exclusivity, prizes, grants, tax incentives, and subsidized health insurance. The current U.S. policy mix of innovation incentives and access allocation mechanisms is far from perfect, and students will have the opportunity to discuss reform proposals with experts involved in real-world biomedical innovation in different sectors. There are no prerequisites, and no scientific or economic background is required. Elements used in grading: All students will be required to write a final R-credit paper for two units or three units depending on the paper length with consent of the instructor. Elements used in grading: class participation, attendance, and an independent research paper. CONSENT APPLICATION: To apply for this course, students must submit a Consent Application Form at SLS Registrar https://registrar.law.stanford.edu/. See the Consent Application Form for instructions and the submission deadline.

This course will provide an introduction to the legal, ethical, and policy areas important to understanding Law and the Biosciences. Each topic will include both discussion of the relevant legal rules and ethical principles and their application to a specific case study. Topics to be covered include the structure and regulation of the biopharma industry and biosciences research, intellectual property relevant to the biosciences, federal regulation of bioscience products through the FDA and otherwise, the health care financing system, human subjects research, genetic technologies, reproductive technologies, neuroscience technologies, criminal law applications of bioscience technologies, and more. The course will prepare students for more advanced courses in these areas, as well as for working with or in the bioscience world. Special Instructions: The class is open to all law students and graduate or professional students from other parts of the University. Some undergraduates may be admitted with consent of the instructor. Substantial class attendance is required; in addition, the quality of class participation will play a small role in grading. Elements used in grading: Attendance, class participation, and final exam (In-school, open book). Cross listed with Health Research and Policy ( HRP 276).

Asking questions is at the core of the role of an attorney. Whether it is interrogating a witness in a deposition, or conducting a direct or cross examination at trial, knowing how to ask a question is an essential lawyering skill. We'll explore textual materials and real life case examples in transcripts, videotape and cinema to determine the principals and best practices for questioning. We'll learn how to prepare for questioning; how to focus, narrow, and broaden an examination; how to obtain key admissions; how to deal with a difficult opponent; when to stop asking; and how to win for your clients. This course will give you the skills and tools needed for the critical roles of questioning, which has broad applicability for trial lawyers and non trial lawyers alike. Shanin Specter is a founding partner of Kline & Specter, P.C., in Philadelphia, concentrating in catastrophic injury litigation. He has obtained more than 300 settlements or verdicts in excess of $1 million and is a member of the Inner Circle of Advocates, whose membership is limited to the top 100 plaintiffs' attorneys in the United States. Elements used in grading: assessment of two brief reaction papers; class attendance is required. Class meets Tuesdays, 4:15pm to 7:15pm on the second, fourth and sixth Tuesdays of the term.

This seminar will explore the intellectual foundations of the institution of insurance, including the following key questions: How is insurance to be conceived: from a contract perspective? a tort perspective? a private governmental perspective? Correlatively, what are the economic and ethical dimensions of risk classifications and management? How serious are the concerns about moral hazard and adverse selection---core concepts of insurance law? What standards should be used to resolve insurance bad faith claims? And, when a party is sued and the liability insurer controls the party's defense, how should the defense lawyer hired by the insurer navigate---and conceive of---this triangular relationship? The pervasive role of insurance in addressing societal concerns about accidental harm is vitally important but has been remarkably under-examined in the traditional law school curriculum. Special Instructions: Grades will be based on class attendance, class participation, and either several short reflection papers (section (01)) or an independent research paper (section (02)). After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation, class attendance, reflection papers or research paper. Early drop deadline.

The past 60 years have witnessed a dramatic expansion in the role of the courts as an agent of change in the United States. Constitutional, civil and economic rights have been created, such as marriage equality and strict liability in tort, but rights have also been limited through statutory restrictions and other means. The role of the judge has grown to activist and administrator in cases such as prison reform and housing desegregation. And through it all, it has been lawyers who have fought, won, and lost the battles of expansion and contraction of rights and remedies. Where the government fails to protect us, private practitioners serve a crucial role in challenging the legal "status quo" through civil litigation; vindication of a particular client's claim can simultaneously establish or clarify the rights in question on a societal scale. Taught by an experienced trial lawyer, along with guests from both plaintiff and defense practices, course readings and discussion will draw on a wealth of textual, law review, and lay media, and the arc of relevant case law, including real trial experiences and litigation documents. This course explores changes in motor vehicle and commercial product safety, medical malpractice, police misconduct, civil rights, marital rights, sexual harassment and abuse, firearms liability, school and housing desegregation, college hazing, privacy, school funding and consumer safety. We'll study the titanic struggle over appropriate remedies for wrongs in these substantive areas, ranging from immunity to limits on recoveries, compensatory and punitive damages, injunctive relief and other equitable remedies. We'll also study how a plaintiff or defense lawyer can make a difference for their clients and others similarly situated to catalyze significant societal improvement. Elements used in grading: The grade is based on class work (i.e., contribution to discussions and participation in class exercises) and a final paper. There is no exam. No automatic grading penalty for late papers.

We live in a time when disasters, tragically, have taken on new meaning. Natural disasters arise with great frequency and growing intensity. And responsible party disasters dominate the headlines, generating fear and a sense of disbelief. Both prospective preventive measures, and retrospective restorative efforts on behalf of victims, raise enormously difficult questions of how best to address these momentous events. This seminar will examine preventive measures and remedial relief for natural disasters, such as pandemics (COVID) wildfires, floods, and hurricanes. Similarly, we will focus on preventive and remedial relief in responsible party disasters, such as acts of terrorism, oil spills, and release of toxic substances. Students may elect to write a research paper for 3 units and R-credit with consent of the instructor. After the term begins, students accepted into the course can transfer from section 01 (2 units) into section 02 (3 units), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, written assignments, or final research paper

This course covers the legal, public policy, and ethical issues that concern artists, art dealers, auction houses, museums, collectors, and others who comprise the world of visual art. Our focus will be on artists' rights (including copyright, resale royalties, moral rights, and freedom of expression issues), how the markets in art function (such as the artist-dealer relationship, auction rules, and issues faced by collectors), and the legal and ethical rules governing the collection, donation, and display of visual art, particularly for museums and their donors. The course focuses on certain recurrent themes: How do statutes and courts define (or attempt to define) art, and how is art defined differently for different legal purposes? How does the special character of art justify or require different treatment under the law from that accorded other tangible personal property, and how does (and should) the expressive nature of art affect the way it is owned, protected, regulated, or funded? We anticipate having two or three visitors to the class during the quarter, such as a gallery owner, auctioneer, and museum director. In addition, we will also have the students participate in one or two interactive negotiation simulation exercises inspired by real situations and controversies in the art world. Graduate students from other departments and schools are welcome to take this course with the permission of the instructors. Elements used in grading: Class participation, attendance, final exam.