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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.

This course offers an introduction to the practical, procedural and analytical aspects of private transnational litigation in the U.S. and Europe. Through a case simulation students will examine differences in legal systems and how to effectively navigate the challenges and opportunities presented when litigation goes global. With three instructors and limited student enrollment, the class provides an excellent opportunity for students to develop the research, writing and oral advocacy skills necessary for a successful transnational litigation practice. Elements used in grading: class participation, attendance, assignments.

This course covers the foundations of drafting contracts in a modern commercial setting, primarily through weekly hands-on writing exercises that illustrate business problems commonly found in today's technology transactions law practice. Topics to be addressed will include basic contract anatomy, common clause ambiguities, structuring for readable "flow", and drafting-for-negotiation techniques. Final examination will involve crafting a full-length technology license agreement from a rough term sheet that appears to have been pecked out on some sort of mobile device. No prior business law coursework, intellectual property background, or martial arts proficiency required. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Exam.

As law is practiced today, attorneys are generally far more likely to participate in more mediations than trials. Mediation offers parties a consensual, confidential, and facilitated process through which agreement can be reached at any stage of the dispute. This course offers an initial immersion into the fundamentals of mediation and mediation advocacy. 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 phases of mediation and the appropriate use of caucusing; to consider policy and ethical implications; to explore dispute design considerations and the deeper dimensions of conflict resolution; and to develop the skills necessary to mediate and represent clients in mediation. The class methodology is highly experiential, with more than half of the class consisting of practice from the perspective of mediator, advocate, and client. The course also includes readings and discussions, brief interactive lectures, and demonstrations. Each student receives individual feedback from the Instructor or another experienced mediator. 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. In addition to the regular class schedule, the class will meet during one Saturday, from 9:00 a.m. to 4:00 p.m., for coached simulations. CONSENT APPLICATION: To apply for this course, students must complete a Consent Application Form available at SLS Registrar 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.

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 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.

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 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.

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.

We can read any number of books about negotiation, but how do the concepts and principles play out in the real world? This dinner colloquium will meet with distinguished negotiators working in a variety of fields to reflect on and draw lessons from their deep and diverse experience. Guests for this year will speak on: studio and talent perspectives in entertainment negotiations; negotiating in the intersection of public lawyering and legislating; prosecution and defense perspectives on negotiating in the criminal justice system; and public policy negotiation on gun law issues. For each session, students will read a background piece on issues in the selected area of legal practice and submit a discussion question to facilitate a discussion with the guests on client counseling, factual and legal analysis, negotiation and conflict resolution options, and collaboration. Pre-Requisite: Negotiation Seminar or substantial equivalent. Schedule: Classes will meet for four presentation/dinner discussion sessions from 5:30-8:00pm on April 12, April 26, May 3 and May 10. Elements used in grading: Class participation, assignments and attendance.

This hands-on, advanced seminar is designed to teach students how to prepare for, participate in, and critically evaluate complex multiparty negotiations in the public international field. Through experience-based learning, simulations, guest speakers and case studies the course will expose students to various types of international conflict resolution processes, including natural resource management and extractive industries, human rights protection, ceasefire negotiations, and peace agreements. Students will strengthen their written and oral skills, counseling, factual and legal analysis. Special attention will be paid to the role of mediators and facilitators in such processes. Prerequisites: Negotiation Seminar, its academic equivalent, or experience in the field. Students who have not fulfilled these prerequisites may still be admitted to the class, but required to attend a bootcamp in basic negotiation theory and methods on Saturday, April 2nd. Please describe prior negotiations coursework and experience on your Consent Form. SPILS students are especially encouraged to enroll. This course is also open to cross-registration by graduate students in a variety of departments and programs including International Policy Studies. Grading Criteria: The seminar requires that students attend all classes, do the assigned reading, prepare for and actively participate in class and simulations, and write a series of short assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit the Consent Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms).