LAW 201:
Civil Procedure I
This course is part of the required first-year JD curriculum. This course is a study of the process of civil litigation from the commencement of a lawsuit through final judgment under modern statutes and rules of court, with emphasis on the federal rules of civil procedure. May include class participation, written assignments, or other elements. Your instructor will advise you of the basis for grading.
Terms: Aut
| Units: 5
LAW 203:
Constitutional Law
This course is part of the required first-year JD curriculum. This course offers an introduction to American constitutional law. In addition to examining questions of interpretive method, the course focuses on the powers of the federal government and the allocation of decision making authority among government institutions, including both federalism and separation of powers. Class participation, attendance, written assignments, and final exam. This course is open to first-year Law School students only.
Terms: Win
| Units: 3
LAW 205:
Contracts
This course is part of the required first-year JD curriculum. It provides exposure to basic contract law. The course will identify the scope and purpose of the legal protection accorded to interests predicated on contract and will focus on problems of contract formation, interpretation, performance, and remedies for breach.
Terms: Aut
| Units: 5
LAW 207:
Criminal Law
This course is part of the required first-year JD curriculum. It examines the traditional general issues in the substantive criminal law, including the purposes of punishment and the appropriate limits on the use of the criminal sanction. It focuses predominantly on how criminal statutes are organized around objective offense elements (conduct, causation, and attendant circumstances) and mental states, and to a lesser degree on inchoate crimes, complicity, justification and excuse.
Terms: Win
| Units: 4
LAW 217:
Property
This course is part of the required first-year JD curriculum. It deals with possession and ownership of land and with the incidents thereof, including private and public restrictions on its use and development, nuisance, trespass, concurrent interests, landlord and tenant, and eminent domain. Attendance and final exam. Your instructor will advise you of other basis of grading. This course is open to first-year Law School students only.
Terms: Spr
| Units: 4
LAW 219:
Legal Writing
This course introduces students to the ways lawyers write to persuade. In a hypothetical criminal case in state court, students draw on the useful facts from the record, synthesize rules from cases, and analogize and distinguish cases in a closed universe. Students receive feedback from the instructor on multiple drafts before submission. Students then submit one persuasive brief on a motion in the conventions of the Bluebook. This course depends on participation; attendance is mandatory. Grading reflects written work, class preparedness and participation, and professionalism. This course is part of the required first-year JD curriculum.
Terms: Aut
| Units: 2
LAW 222:
Legal Research: Advanced
Open to Law and Stanford graduate students. Preparation for research in practice and clerkships. Emphasis is on cost-effective research, legislative analysis, administrative law research, and open-access resources. How to evaluate sources and use them effectively, expand skills in primary and secondary U.S. legal sources, develop skills for effective online research, and use non-legal information resources. Final project.
Last offered: Winter 2009
| Units: 3
LAW 223:
Torts
This course is part of the required first-year JD curriculum. It considers issues involved in determining whether the law should require a person to compensate for harm intentionally or unintentionally caused. These problems arise in situations as diverse as automobile collisions, operations of nuclear facilities, and consumption of defective food products. Among other considerations, the course explores various resolutions in terms of their social, economic, and political implications.
Terms: Aut
| Units: 5
LAW 224A:
Federal Litigation in a Global Context: Coursework
This course builds on the writing skills developed in Legal Writing. Students submit and orally argue one persuasive brief on a motion in federal district court. Students represent the plaintiff or defendant in a simulated global torts case that raises complex issues of federal civil procedure. Students work in an open universe with the online legal research tools, bluebook the cases, plan litigation strategy, peer review drafts, and moot a motion. This course depends on participation; attendance is mandatory. Winter grading reflects students¿ written work, including outlines, drafts, final briefs, citation, and professionalism. This course is open to first-year JD students only.
Terms: Win
| Units: 2
| Repeatable
2 times
(up to 4 units total)
Instructors: ;
Fagel, M. (PI);
Handler, N. (PI);
Hoffman, L. (PI);
Linsenmayer, R. (PI);
Lupo, B. (PI);
Martin, K. (PI);
Patel, S. (PI);
Thesing, A. (PI);
Valeska, T. (PI);
Yorke, S. (PI)
LAW 224B:
Federal Litigation in a Global Context: Methods and Practice
This course continues with the winter simulation with students representing the plaintiff or defendant in a global torts case. Students submit and orally argue one persuasive brief on a motion in federal district court. Students build on their writing and oral advocacy skills with more emphasis on the lawyering practice. Students lead strategy sessions, conduct legal writing by email, meet and confer with opposing counsel, research, bluebook, peer edit, moot, judge, and orally argue a motion. This course depends on participation; attendance is mandatory. Spring grading reflects all non-written aspects of the work, including research, strategy, peer review, moots, and oral argument (including your roles as a judge and colleague), and professionalism. This course is open to first-year JD students only.
Terms: Spr
| Units: 2
Instructors: ;
Fagel, M. (PI);
Handler, N. (PI);
Hoffman, L. (PI);
Linsenmayer, R. (PI);
Lupo, B. (PI);
Martin, K. (PI);
Patel, S. (PI);
Thesing, A. (PI);
Valeska, T. (PI);
Yorke, S. (PI)
LAW 227:
The Political Economy of Energy Policy
Theories of political economy that explain policy choices and behavior in energy markets in the U.S. and overseas. Topics include: collective action and public choice; state behavior and sovereignty; international political economy; behavior of complex organizations; monopoly and regulation. Case study applications, such as U.S. policy on ethanol, safety regulation at nuclear power plants, and international collective efforts to manage global warming. Prerequisite: familiarity with energy systems and policies.
Last offered: Winter 2009
| Units: 3
LAW 233:
Antitrust
Legal and economic concepts of competition and monopoly; policy and judicial interpretations of the Sherman and Clayton acts and their applications to business practices and industrial structure. Ethical considerations.
Last offered: Autumn 2008
| Units: 3
LAW 236:
Art and the Law
International law and the fate of works of art in wartime. International trade in stolen and illegally exported art and antiquities. Artist rights such as moral right, copyright, and resale right. Artistic freedom and its limits. Artist relationships with dealers, commissions, live-work space, toxic hazards, taxes, estate planning, and legal services . The collector. Counterfeit art. The legal character and obligations of museums, and their trustees, directors, and staff. The National Endowment for the Arts and Humanities.
| Units: 3
LAW 238:
Administrative Law
Administrative agencies interpret statutes, promulgate regulations, and adjudicate disputes, thereby affecting employment, food and drug safety, the environment, energy markets, telecommunications, and immigration. Surveys the law of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints of agency decision-making, and the judicial review of agency actions.
Last offered: Autumn 2008
| Units: 3
LAW 240A:
Discussion (1L): Asian Americans and the Law
This discussion seminar will consider the legal treatment of Asian Americans. We will read materials about the history of citizenship, exclusion, and internment, and discuss contemporary issues affecting the individuals of Asian descent in the American legal system. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240B:
Discussion (1L): Comparative Approaches to Law and Inequality
In this discussion seminar, we will examine how various countries across Europe and Latin American, as well as the United States, seek to deploy law to promote equality for subordinated groups---including especially racial minorities and women. We will examine how laws seeking to promote racial and gender equality, often developed first in the United States, came to be transplanted elsewhere, and how in the process these were transformed in significant ways. Topics will include anti-discrimination law, harassment law, affirmative action (including but not limited to quotas), and parental leave. How and why did the law change as it was transplanted from one legal system and culture into another? To the extent that different legal systems have adopted different approaches, which is preferable---and according to what metrics? Moreover, to the extent that we prefer an approach deployed elsewhere, what are the chances of adopting some version of it here in the United States (or vice versa)? This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240C:
Discussion (1L): Corporate Social Responsibility
How can a company's managers safeguard the firm's financial value for its shareholders while, at the same time, operating ethically and purposively benefiting other stakeholders, including its employees and the communities in which the firm operates? Corporate social responsibility (CSR) is rooted in the idea that shareholder value is not the only measure of a firm's value and, indeed, that the exclusive pursuit of profits may produce social harms. The seminar will consider a variety of legal issues related to CSR, including: 1. The meaning and measure of environmental, social, and governance (ESG) criteria for corporations. 2. The voluntary or mandatory disclosure of a company's environmental and social harms or risks. 3. When is it legally and ethically appropriate for corporate managers or institutional investors to compromise shareholder value in the pursuit of social and environment goals? 4. Constituency statutes and benefit corporations that reflect interests other than profit maximization. 5. The power of investors to influence corporate behavior through capital allocation-investments (including impact investing) and divestments-and shareholder activism. 6. The power of other stakeholders, including consumers and employees, to influence corporate behavior. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240D:
Discussion (1L): Criminal Legal Histories
This seminar will trace the roots of four critical aspects of the American criminal justice system: jury independence and the power of jurors to render verdicts according to conscience; plea bargaining and the marginalization of juries; penitentiaries and the displacement of other forms of punishment; and the criminalization of recreational drugs. Though modern criminal justice policy will inform our conversation, the readings will be historical with an emphasis on primary source documents. We will examine the forces driving legal evolution and the historian's tools in mapping those forces, always with an eye on the impact of those forces on marginalized groups. Class meets 6:30 PM-8:30 PM on Sept. 13, Sept. 27, Oct. 11, Oct. 25. Elements used in grading: Full attendance, reading of assigned materials, and active participation..
Terms: Aut
| Units: 1
LAW 240E:
Discussion (1L): Dress Codes: Race, Identity and Personal Appearance
Dress Codes may seem a bit old fashioned, but in fact we are constantly told who should wear what and when. Rules---written and implied---divide formal from casual attire and children's clothing from that of adults. There are rules for what to wear in each season of the year and rules about the right attire for different times of the day. And, of course, there are rules about the types of clothing men may wear and about the clothing suitable for women. Adherence to such rules is considered by many to be an important signal of breeding and even character: accordingly, immediate social sanctions---and indirect professional consequences---can follow from breaking them. Some dress codes are job requirements or house rules of an organization or establishment---flouting them can get one fired, kicked out of school or barred from a restaurant. Finally, there are laws about clothing, enforced by police or government officials. Break these rules and you may find yourself facing a fine or even a jail sentence. Why is attire so rule bound? Why and when is clothing important enough to become the subject of written treatises, rules and regulations, legislative proclamations and judicial edicts? This seminar will explore dress codes, from the sumptuary laws of the late Middle Ages to the unstated norms of the 21st century, and discover what they can tell us about the significance of clothing---our most conspicuous medium of self-expression---and its relationship to individual identity, community cohesiveness and social order. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240F:
Discussion (1L): Feminist Jurisprudence
This discussion seminar will consider some of the major theoretical writings of the past 40 years in feminist legal theory, and explore the application of different theoretical approaches to contemporary issues in the law. Likely readings include Catherine MacKinnon, Robin West, Janet Halley, and Angela Harris. Possible topics include campus sexual misconduct codes, the Me Too movement, the meaning of consent, and the legal treatment of the family. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240G:
Discussion (1L): Innovation and Inequality
Throughout history, innovation has been a leading driver of economic growth and has helped lift communities out of poverty, and the importance of knowledge goods to the global economy has only increased with the rise of computing and information technologies. Legal institutions incentivize innovation and allocate access to knowledge goods through a variety of mechanisms, including intellectual property, direct funding through grants and national laboratories, tax incentives, and innovation inducement prizes. In this discussion group, we will examine how these bodies of law are used both to reinforce and subvert existing power structures and inequalities, including issues related to gender, race, geography, and income. We will discuss inequalities among innovators as well as inequalities in access to new innovations, or in who those innovations are made for. We will also consider how these issues might be addressed through legal reforms either internal or external to innovation laws. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240H:
Discussion (1L): Measuring Access to Justice and Access to Information in Marginalized Communities
In this discussion seminar, we will explore the intersection of access to information and access to justice. Our current social and technological moment promises increased access to basic legal information without economic or geographic boundaries. But access and accessibility remain influenced by identity, privilege, and power. What are our collective expectations for governments to provide legal information in the digital age? How does access to free, easy-to-use, reliable legal information -- or the lack thereof -- have an impact on low-income and other marginalized communities, particularly in how they exercise their rights and protect themselves from harm? By examining how some of the most vulnerable populations access legal information, we can better assess the concept of open government with an eye toward informing and improving access to justice efforts. Topics to be explored through readings and discussion include: 1) the adequacy of pro se litigants' access to legal information within the American prison system; 2) measuring the impact of U.S. states and municipalities that contract with private companies to publish public laws; 3) ways in which technology might help close the justice gap in low-income communities v. how technology can expose vulnerable communities to new forms of victimization; 4) creative and unique systems of information-sharing within the homeless population and how legal organizations might penetrate those systems to combat disenfranchisement of the homeless and provide them with broader access to legal services; and 5) the fragility of freedom of information laws in democracies and whether these laws contribute to a more informed public. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240I:
Discussion (1L): Prosecutors and Defense Attorneys as Agents of Change
What opportunities do prosecutors and defense attorneys have to help reform the criminal justice system and the wider society? And how can they best take advantage of those opportunities? We will explore these questions by reading and discussing three books: J Anthony Lukas, Big Trouble: A Murder in a Small Western Town Sets Off a Struggle for the Soul of America (1998); Gilbert King, Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America (2013); and Emily Bazelon, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration (2019). This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240J:
Discussion (1L): Religion and the Profession of Law
This seminar will focus on the dynamic interplay between religious identity, community, and worldview, and the study, practice, and profession of law. As a defining force for so many across the globe, and in the norms through which human beings recognize their rights and arrange their affairs, religion has a unique and abiding impact on the work and life of aspiring and practicing lawyers -- for believers and nonbelievers alike. Whether as first-year law students or seasoned practitioners, the need to anticipate, appreciate, and reconcile religious perspectives is both a vital professional skill and an illuminating resource for self-understanding and mutual respect. The class will meet across three on-campus sessions and a closing offsite dinner, and will include a collaborative exploration of primary and secondary sources, as well as custom conversational frameworks. Topics will include religion and cross-cultural lawyering, religion and legal systems, the role of faith in judicial decision-making, and law as a vocation (with attendant self-care dynamics). Befitting the overarching goals of diversity and inclusion in the discussion series generally, and the central importance of particularized themes of bridge building, this seminar is warmly and equally open to students of any religious tradition and those of no religion at all. Class meets 4:30 PM-6:30 PM on Sept. 28, Oct. 12, Oct. 26, Nov. 16. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 240K:
Discussion (1L): Representations of Criminal Lawyers in Popular Culture Through the Lens of Bias
This seminar will explore the portrayal of criminal lawyers in popular films and will engage in critical analysis of how misconceptions about the criminal justice system and biases against women, people of color and the poor are amplified on the big screen. Source materials will include numerous mass-market films juxtaposed against authoritative law review and other commentary to afford in-depth discussion. Class meets 6:00 PM-8:00 PM on Sept. 20, Oct. 4, Oct. 18, Nov. 1. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 240L:
Discussion (1L): Robot Ethics
We will consider the developing legal and ethical problems of robots and artificial intelligence (AI), particularly self-directed and learning AIs. How do self-driving cars (or autonomous weapons systems) value human lives? How do we trade off accuracy against other values in predictive algorithms? At what point should we consider AIs autonomous entities with their own rights and responsibilities? And how can courts and legislatures set legal rules robots can understand and obey? This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240M:
Discussion (1L): The Central Park Five Case
This discussion seminar will focus on racial factors in the criminal justice system, using the Central Park 5 case and the Netflix series "When They See Us" as the jumping off point for the discussion. Following each episode of the series, the seminar will discuss the investigation, the trial, incarceration and post incarceration experiences. Although there may be some readings, the primary material will be the Netflix series. Joining Professor Mills in each session will be Emily Galvin-Almanze. Emily is a Stanford Law graduate and former public defender, and as Co-Founder and Executive Director of Partners for Justice, she is the creator of the collaborative defense school of practice, which incorporates client-led and holistic defense principles into the everyday practice of law. She is currently working with jurisdictions around the nation to expand and re-define public defense. Participants may also include, depending on their availability, George Gascon, the recently elected progressive District Attorney in Los Angeles who has been a leader in the investigation of racism in enforcement of the laws, Mike Romano, who leads our Three Strikes Project, and one of the Three Strikers whose release was secured by Stanford's Three Strike Project. The first class will be at the Law School from (TBA). The remainder will likely be in San Francisco and transportation will be provided and will depart around (TBA) and return around (TBA) on (TBA).
Last offered: Autumn 2022
| Units: 1
LAW 240N:
Discussion (1L): Theories and Critiques of Legal Education
Much of the basic structure of twenty-first-century American legal education was put in place by late nineteenth-century Harvard Law School Dean Christopher Columbus Langdell. This seminar will begin by examining the impetus for and nature of Langdell's reforms then consider various twentieth- and twenty-first-century critiques and modifications of legal education, including Duncan Kennedy's Legal Education and the Reproduction of Hierarchy and the work of critical race theorists like Patricia Williams and Lani Guinier. We will conclude by examining the most significant change within law schools over the past century, the rise of clinical legal education, reading parts of the Carnegie Report on Legal Education and Sam Moyn's recent critique of clinical education as well as a range of responses to his piece. Throughout the seminar, we will pay attention to the historical and social contexts out of which proposals for changing legal education arose as well as to how we might assess the contemporary structure of legal education in light of its history. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240O:
Discussion (1L): Whose Justice? Which Rationality?
Reasonable people sometimes disagree. How can reflective individuals hope to evaluate those disagreements? Fundamental notions of justice and rationality seem to dominate particular traditions in different places and different times. How can a twenty-first century product of American or other cultures decide which of various compelling ideas of justice and rationality is most persuasive to us? How can anyone escape the accidents of birth and tribal worldview? We will approach these questions through Alastair MacIntyre's provocative book of that name: Whose Justice? Which Rationality? (Univ. Of Notre Dame Press 1988). Whether or not MacIntyre¿s neo-Aristotelian approach to the fundamental questions of ethical theory ultimately prove persuasive, his attempt to find alternatives to the utilitarian and Kantian relics of the Enlightenment will, I hope, open a conversation about what we believe and why. This discussion seminar will meet four times during the Fall quarter. You will be notified of the meeting times by the instructor. Specific dates, time, and location will also be listed in "Notes" below. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2019
| Units: 1
LAW 240P:
Discussion (1L): Election 2020
The discussion group will examine key factors in the 2020 election. In the first three classes, we will consider (among other topics) how and why people vote; vote suppression; the demographics of the electorate and how to increase the participation of underrepresented groups; and the impact of COVID-19 on the 2020 election. The final class, which will take place after the election, will take stock of what just happened. Readings will include social science research, legal cases, and journalistic accounts. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240Q:
Discussion (1L): Human Reproduction in the 21st Century: Legal and Ethical Issues
This seminar will discuss issues around human reproduction in the years to come. We will talk about abortion in light of the Dobbs case, and the problems of when life or rights begin, eugenics, embryo selection, embryo editing (also known as "designer babies"), skin-cell derived eggs and sperm, the (long term) prospects for artificial uteruses, and maybe more. An underlying theme will be how "we" -- a culture, as a legal system, as legal systems -- decide what should and shouldn't be done. Class meets 6:30 PM-8:30 PM on Sept. 26, Oct. 10, Oct. 24, Nov. 14. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 240R:
Discussion (1L): Litigating the 2020 Election
This discussion seminar will explore legal issues in the 2020 election. We will read the cases or litigation materials as they are filed. The discussion group will also consider the various logistical, administrative, and civil rights issues that jurisdictions are confronting as they attempt to run an election during a pandemic. Students may also participate in the work of the Stanford-MIT Healthy Elections Project (see HealthyElections.Org) which is dedicated to studying and implementing best practices in election administration to deal with the challenges the COVID pandemic poses. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240S:
Discussion (1L): Monuments, Counter-Monuments, and the Law and Politics of Memory
In this reading group we will examine the intimate connection between the nation's retreat from Reconstruction in the 1870s, the constrained interpretation of the Reconstruction Amendments adopted by the Supreme Court, and the development of national and regional rituals that embedded a specific understanding of the Civil War, Emancipation, and Reconstruction in public spaces, most prominently, monuments to Union and Confederate military officers and Civil War battlefields. We will examine 20th century resistance to the forms of historical consciousness embedded in the architecture of these public spaces, 21st century movements to remove and replace this architecture and associated cultural representations of white supremacy, as well as longstanding debates in this and other cultures about how atrocities are remembered, and the socio-legal aspects of holding perpetrators to account. A central objective will be to interrogate the relationship between collective memory, identity, and legal interpretation, including "monumental" and "hagiographic" styles of legal reasoning. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240T:
Discussion (1L): Race and Technology
People like to think of technology as value neutral, as essentially objective tools that can be used for good or evil, particularly when questions of race and racial justice are involved. But the technologies we develop and deploy are frequently shaped by historical prejudices, biases, and inequalities and thus may be no less biased and racist than the underlying society in which they exist. In this discussion group, we will consider whether and how racial and other biases are present in a wide range of technologies, particularly artificial intelligence tools like risk assessment algorithms for bail, sentencing, predictive policing, and other decisions in the criminal justice system; algorithms for medical diagnosis and treatment decisions; AI that screens tenant or credit applications or job applications; facial recognition systems; surveillance tools; and many more. Building on these various case studies, we will seek to articulate a framework for recognizing both explicit and subtle anti-black and other biases in technology and understanding them in the broader context of racism and inequality in our society. Finally, we will discuss how these problems might be addressed, including by regulators, legislators, and courts as well as by significant changes in mindset and practical engagement by technology developers, companies, and educators. Class meets 4:30 PM-6:30 PM on Sept. 21, Oct. 5, Oct. 19, Nov. 2, 2023. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 240U:
Discussion (1L): Race, Civil Rights, and Human Rights
In this seminar, we will explore the evolution in the mid-twentieth century of the Civil Rights movement in the United States, at the same time that the international system for legal protection of human rights was also taking shape. Readings will discuss issues such as the relationship between civil and political rights and economic, social, and cultural rights; the relationship between anti-colonial movements and anti-racism; the context of the Cold War; the development of treaties such as the Convention on the Elimination of All Forms of Racial Discrimination; and U.S. attitudes of exceptionalism towards international legal regimes. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. Class will meet 6:45-8:45pm, September 14, October 5, October 19, November 2.
Last offered: Autumn 2021
| Units: 1
LAW 240V:
Discussion (1L): Abolish or Reform? Prisons, Police, and the Death Penalty
This seminar will focus on the abolitionist agenda for prisons and policing, and on the competing calls to reform those institutions. We will also consider the comparison case of the death penalty, where efforts at reform have often, but not always, been seen as stepping stones on the path toward abolition. We will read arguments for and against abolition, and for and against reform. Our main goal will not be to decide who we think is right, or which arguments we find most congenial. Instead, we will try to understand the thinking on both sides of these debates, and to see what value, if any, we can find even in the arguments we disagree with. We will also be asking whether the authors fairly characterize, and productively engage with, positions contrary to their own. In other words, we will be studying the debates between abolitionists and reformers in criminal justice not just to learn something about prisons, policing, and the death penalty, but also to reflect on the possibilities and prerequisites for constructive discussion of contentious issues in a splintered society. Class meets 5:00 PM-7:00 PM on Sept. 28, Oct. 12, Nov. 2, Nov. 16. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 240W:
Discussion (1L): Reimagining Capitalism
Scholars' and policy makers' thinking about political economy evolves as one understanding of the role of government ceases to reflect people's aspirations and views of social reality and is superseded by another. The laissez faire thinking of the 19th century was replaced by Keynesian management in response to the Great Depression. After WWII, Keynesian thinking was challenged, by 'neoliberalism'---a challenge that began to achieve success in the 1970s in response to perceived failures of government, high inflation, and other economic and social woes. By the mid-1980s, neoliberalism had become the new conventional wisdom, and liberals as well as conservatives accepted its core premises: that society consists of atomized individuals competing rationally to advance their own interests; that this behavior, in aggregate, produces good social outcomes and economic growth; that free markets are therefore the best way to allocate societal resources and government should intervene only to remedy market failures. Disagreements about what constitutes such failures and about corrective interventions persisted, but the general premises were widely embraced by policymakers and politicians. Today, that consensus is breaking down. Neoliberal policies and the particular systems of capitalism that accompany them have generated profound wealth inequality and have little to offer to address the perceived threats of globalization, climate change, and emerging technologies like artificial intelligence and robotics. The coronavirus pandemic has only served to highlight these and other problems.But what should come next? Our readings in the course will explore a variety of themes related to these issues. How did neoliberalism come to dominate political discourse? What are its core tenets? What kinds of challenges are being presented to them, and what might alternative approaches to political economy for the 21st century look like? This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240X:
Discussion (1L): Tort Encounters
Lawsuits for compensation for personal injury often provide lay people with their first -- or even only -- interaction with the civil side of courts. Those interactions are rarely wholly happy, raising fundamental issues for plaintiffs about the definition of just desserts and fair procedure. There is a rich literature on these personal encounters, some autobiographical and others written by journalists who were given permission to closely follow victims' efforts to obtain compensation. These accounts paint a different picture of the tort liability regime than the one which 1Ls usually encounter in their Fall Torts course, which in recent decades have foregrounded a "law & economics" perspective that focuses on deterring defendants rather than on satisfying victims' desires for justice. In each session we will read a book about an individual's or family's personal encounter with tort law. Candidate books for discussion include an autobiographical take on the author's experience suing doctors for malpractice after her husband's untimely death, a journalist's close account of a working class family's pursuit of compensation for the death of their infants, a holocaust victim's response to the outcome of a class action against Swiss Banks, a journalist's account of a community seeking compensation and accountability for toxic exposure from a pharmaceutical facility. We'll each read the selected book for the session and discuss what the account tells us about the operation of tort law (and civil procedure) in real life and what potential legal reforms it suggests, if any. Each session will be led by one or two students who volunteer (at the beginning of the quarter) to start off and guide the discussion. Writing requirement: One short (5 or so pages) reflection paper on one of the assigned books or another related book of your choice. If you choose to reflect on a different book, it should also be an account of laypersons' experiences with the tort liability system (not a doctrinal analysis of tort law). This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation, written assignment.
Last offered: Autumn 2020
| Units: 1
LAW 240Y:
Discussion (1L): Violence, Resistance, and the Law
This reading group will examine the force of law -- the ways in which law both depends upon and abjures violence, the ways it suppresses and invites resistance, and the identity of subjects against whom legal violence is deployed. A central object of focus will be excessive force, the legal doctrines that insulate government officers from accountability, and the ways this specific form of violence is tied to racial subordination. We will also attend to the role of force in non-violent resistance movements, the role of vulnerability in resistance movements (both revolutionary and reform-oriented), and problems of revictimization in rights assertion. Readings will be drawn from a wide range of interdisciplinary sources including law, history, political theory, critical race theory, fiction, and psychology. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 240Z:
Discussion (1L): We Hold These Truths to Be Self-Evident? Race and Criminal Law in the 21st Century
There is no responsible person denying that those institutions that form the core of the "criminal justice system," with its explicit commitment to securing "justice," are the very institutions that have been (and continue to be) primary engines of injustice in the United States. We will explore that tragic phenomenon by looking at four subjects: (a) the history of the intersection between race and criminal law; (b) prison abolition; (c) defunding the police; and (d) sentencing disparities and the death penalty. The assignments for each session will include a variety of book chapters, articles, judicial decisions and podcasts. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 241A:
Discussion (1L): Why is the USA Exceptional -- In Crime and Punishment?
It has long been a national controversy, and for many an international embarrassment, that the imprisonment rate in this country stands at the very top among nations -- currently just barely behind those of countries we would never want to be compared to and several multiples higher than those of other developed industrialized democracies. And for many years it has been almost a cliché that we also have an internationally anomalously high crime rate. The crime gap between us and our "peer nations" has narrowed in recent years but is still notable, at least for violent crime. In the seminar we will read an interdisciplinary set of explorations about whether there are things in "national DNA" that explain each of these phenomena and possibly both at once. The perspectives will include the political history of our roots in both revolution and slavery and the legacy of Reconstruction, and cultural/anthropological theories about the "frontier mentality," as well as such distinct factors as our anomalous rate of gun ownership. Along all these dimensions we will speculate on which way the causation runs between crime or punishment and these various correlates. But of course we will also look to the legal system, including our rights- and federalism-focused Constitution, as both cause and effect of our anomalies. While we will look at some more quantitively empirical perspectives, especially as they bear on recent changes in both crime and punishment rates, our main subject will be more of an "American Studies" approach to the overall stability of how we compare to other nations. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. The class will meet 6:00-8:00pm, September 16, September 30, October 14, October 28.
Last offered: Autumn 2021
| Units: 1
LAW 241B:
Discussion (1L): Race and Urban Law in the Bay Area
From the Black Power movement for self-governance that formed East Palo Alto to the battle to preserve the history of the "Little Manila" neighborhood in Stockton, from the anti-gentrification politics of San Francisco's historically Latinx Mission District to the settlement struggles of Vietnamese and Cambodian refugees in San Jose, the history of the Greater Bay Area offers a moving picture of the hardships and heritage of American diversity. Some readings and visual media in the class will draw on place-specific legal histories of discrimination, organizing, and reform in Bay Area cities/neighborhoods. Other thematic readings will focus on racial/ethnic discrimination in housing and land ownership; incorporation movements to form majority-minority cities; Latinx and Asian-American migration into post-industrial cities; neighborhood improvement efforts in segregated enclaves; and efforts to lead or resist local political change. Students will leave the course with a richer sense of their home region during law school, as well as a broader picture of "law" that includes local administrative proceedings, municipal codes, civil and criminal law enforcement practices, and taxes/spending decisions. This discussion seminar will meet four times during the Fall quarter. Meeting dates and times to be arranged by instructor. Elements used in grading: Attendance and class participation.
Last offered: Autumn 2020
| Units: 1
LAW 241C:
Discussion (1L): Asian Americans Justice Struggles
Over the past eighteen months, coronavirus-related racism and anti-Asian hate violence have renewed perennial conversations about Asian American identity and advocacy in the United States. What does it mean to be Asian American? What is and has been the place of Asian Americans in broader social movements for racial justice? And what can the historical experiences of Asian Americans in resisting injustice teach us about Asian American activism, legal advocacy, and political struggles today? This seminar will explore these questions, among others, through reading and conversation around four key timeframes: 1) the Chinese Exclusion era of the late nineteenth century, which initiated decades of Asian immigrant exclusion but also spawned surprising legal resistance by early migrants; 2) the 1960s and 1970s, in which Asian America was created as a political project in tandem with Black and Third World liberation movements; 3) the post-9/11 period, where segments of the Asian American community confronted the recurrent framing of Asian Americans as security threats during the war on terror and beyond; and 4) the present moment, in which Asian Americans make and contest their place within multiracial movements addressing a host of pressing contemporary challenges. Throughout, this seminar will make visible the role and struggles of Asian Americans, broadly defined, in U.S. law, history, and social movements. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. Class meets 4:15-6:15pm, September 13, September 27, October 11, 4th session TBA.
Last offered: Autumn 2021
| Units: 1
LAW 241D:
Discussion (1L): Corporate Dilemmas
The principle that corporate managers' sole duty is to maximize shareholders' financial value has never been entirely adhered to in practice and has been increasingly challenged in recent decades. While acknowledging the importance of shareholder value, commentators have argued that corporations should purposively benefit other stakeholders, including customers, employees, and the communities they affect. At the same time, there has been an upswing of investments aligned with investors' social interests, including public equity investments in companies with high environmental, social, and governance (ESG) ratings and private equity "impact investments" that arguably incur greater risks than pure market rate investments. Our seminar will consider a variety of legal, ethical, and policy issues related to corporations' purposes and responsibilities, including when is it legally and ethically appropriate for corporate managers or institutional investors to compromise shareholder value in the pursuit of social, environmental and other non-pecuniary goals; corporate governance structures that reflect interests other than profit maximization; the power of investors to influence corporate behavior through affirmative investments, divestments and shareholder activism; and the power of various stakeholder groups to influence corporate behavior. Class meets 6:30 PM-8:30 PM on Sept. 29, Oct. 11, Oct. 27, Nov. 8.
Last offered: Autumn 2022
| Units: 1
LAW 241E:
Discussion (1L): Crime and Punishment in American History
This discussion seminar will deal with the relationship between criminal justice and American society, at various points in American history. The emphasis will not be on doctrines of criminal law, or case-law in general, but on the living law, and the ways in which criminal justice arose out of and reflected social norms and the structure of society. Among the topics to be covered: First, a look at criminal justice in the early colonial period, asking what was distinctive about crime and punishment in the small communities of the 17th and 18th centuries. Second, the intimate connection between race and criminal justice, from slavery through the Jim Crow era. Third: corrections and law enforcement -- the penitentiary, police and detective squads, the reform wave in the late 19th century, and what all of these reveal about the nature of American criminality; and the public reaction to crime and punishment. We will also consider informal justice, including the vigilante movement in the American West. Lastly, we want to examine the rise and fall of victimless crime. A strong anti-vice movement in the late 19th century movement led to the Mann Act, red-light abatement, the criminalization of abortion, and controls over sexual behavior in general. The movement culminated in the "noble experiment" of national Prohibition. This was the rise: the fall was first, the end of Prohibition, then the decriminalization of most forms of victimless crimes in the later 20th century. There will be assigned readings in primary source materials. There will be assigned readings in primary source materials. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. The first meeting will occur after the first two weeks of regular classes. Exact meeting dates TBA by instructor. Meeting time: 4:15pm - 6:15pm.
Last offered: Autumn 2021
| Units: 1
LAW 241F:
Discussion (1L): Ethical Lawyering: An Oxymoron?
National polls consistently rank lawyers as very low on the ethical/trustworthiness scale. For example, a recent Gallup Poll indicated that only 21% of respondents viewed lawyers as trustworthy, as compared to 77% who viewed physicians that way. In this seminar we will explore the roots of the view that lawyers often act unethically? Is this perception accurate? If so, why is that the case? Are there inherent aspects of (even ethical) lawyers' roles--particularly in adversarial contexts--that inevitably trigger public contempt? During each session, we will explore these and related questions through an in-depth study of a particular example of lawyers' behavior (and, at times, misbehavior). Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. Class meets 5:30-7:30pm, September 20, October 4, October 18, November 1.
Last offered: Autumn 2021
| Units: 1
LAW 241G:
Discussion (1L): Reflecting on Red Power: 50 Years After Alcatraz
This seminar will explore the legal, cultural, political, and racial complexities underlying the Red Power movement that resulted in the 19-month occupation of nearby Alcatraz Island 50 years ago from 1969-1971. Readings will include excerpts from the seminar work that defined the movement, Vine Deloria Jr.'s Custer Died for Your Sins, a documentary viewing on the occupation, and other interdisciplinary sources from history, political theory, and law. By examining this movement and the tensions it raised, we will explore broader questions of American identity formation, racial construction, social movements, violence, and the complex relationship between the construction of rights, assertions power, and the state. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. Class will meet 5:00-7:00pm, September 9, September 23, October 14, November 4.
Last offered: Autumn 2021
| Units: 1
LAW 241H:
Discussion (1L): The Law, Politics and Technology of the 2020 Redistricting Process
This discussion group will examine the law governing the 2021 redistricting process. We will learn about the one person one vote rule, constitutional prohibitions on racial gerrymandering, the Voting Rights Act, and applicable state law. Students enrolled in this discussion group may also participate in the Stanford Public Interest Redistricting Project in which Stanford students will draw model congressional maps for a number of states. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. Class will meet 6:00-8:00pm, September 28, October 12, October 26, November 9.
Last offered: Autumn 2021
| Units: 1
LAW 241I:
Discussion (1L): The Politics of Procedure
When you first encounter civil procedure in the fall quarter, it may seem dry and technical. With so much to learn so fast there isn't always time to talk about the political dimension of the rules. Simply put, the rules determine who gets access to court, for what types of claims, with what sorts of potential outcomes. In short, civil procedure rules have huge distributional consequences. Not surprisingly, then, the rule drafting process is dominated by interest group politics and in recent decades, key U.S. Supreme Court decisions on civil procedure have been shaped by the justices' ideological preferences. In this group we will read and discuss four topics that foreground the politics of procedure: 1. The rulemaking process. Who are the rule-makers? How are the rule-makers chosen, by whom? How does the rulemaking process work?; 2. The consequences of pleading standards and why they have become stricter over time; 3. The battles over discovery rules and why they matter; and 4. The politics of class action reform. Prior to each session, you will email me a 1-page reflections paper identifying the issues in the readings that you would like us to discuss. After the conclusion of the quarter, you will submit a 3-5 page paper reflecting on the political dimension of procedure with reference to the procedural issues we have discussed or others of your choosing. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. The class will meet (TBA).
Last offered: Autumn 2021
| Units: 1
LAW 241J:
Discussion (1L): The State of Democratic Discourse
This group will be devoted to candid discussion about the current state of public discourse both nationally and in universities, focusing especially on misinformation and intimidation. We will use Jonathan Rauch's new book, The Constitution of Knowledge: A Defense of Truth ((Brookings 2021) as a springboard for discussion. The great strength of this book is that it addresses threats to democratic discourse from all sides of the political spectrum. We will talk about the role of social media, traditional media, politicians (including former President Trump), as well as law schools, students, and faculty. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. The class will meet 6:30-9:00pm, September 20, October 18, November 1, November 15.
Last offered: Autumn 2021
| Units: 1
LAW 241K:
Discussion (1L): Governing Poverty
Decades of cuts to local government have wreaked havoc on communities left behind by the modern economy. Some of these discarded places are rural, others are urban. Some are conservative, some are progressive. Some are the most diverse communities in America, others are segregated. All are routinely trashed by outsiders for their poverty and their politics. Mostly, their governments are just broke. When a high-poverty city or county has run out of services to cut, properties to sell, bills to defer, and risky loans to take, what should its elected leaders do to ameliorate the harms of concentrated poverty? In this discussion group, students will engage readings, documentaries, and visual media about these topics. Each session, they will read one place-based chapter from Professor Anderson's forthcoming book, The Fight to Save the Town, which focuses on local networks of leaders and residents who are facing these challenges. Students will leave the course with a richer sense of the lived experience of poverty and its governance, as well as a broader picture of "law" that includes local administrative proceedings, municipal codes, civil and criminal law enforcement practices, elected public leadership, state and local taxation, and local budgets. Elements used in grading: Full attendance, reading of assigned materials, and active participation. The seminar will meet four times during the Fall quarter. Class meets 4:15-6:15pm, September 15, September 29, October 20, November 3.
Last offered: Autumn 2021
| Units: 1
LAW 241L:
Discussion (1L): Conflict Management Design
What is conflict? When is it constructive or destructive? How is it prevented, managed and resolved? As lawyers, we commit to representing clients in an array of formal and informal processes, over discrete violations of law as well as long-ranging breaches of social norms, in local, state and international jurisdictions, in-person and on-line. In this seminar, we will examine different kinds of conflict and different kinds of processes, who designs those processes and who selects the specific process to use in a given instance. Examples include a corporate general counsel's management of consumer disputes; process options for Stanford students facing disputes with the University, other students, faculty, or staff; initiatives to address racial inequity and injustice through San Francisco's African American Reparations Advisory Committee of the San Francisco Human Rights Commission; and the role of technology as a source of disputes as well as means to facilitate resolution. Grading will be based on attendance, participation, and short comment papers on four case/background readings. Class meets 4:30 PM-6:30 PM on Sept. 27, Oct. 10, Oct. 17, Oct. 24.
Last offered: Autumn 2022
| Units: 1
LAW 241M:
Discussion (1L): American Indian Children: Boarding Schools to Brackeen
In 2022, the Supreme Court will hear a blockbuster case, Brackeen v. Haaland, that raises numerous constitutional questions that go to the very heart of federal Indian Law. Are American Indians a race, a political group, or both? How much power does Congress have over the States where the State is involved in the lives of American Indian people? Etc. The case is a challenge to a federal law, the Indian Child Welfare Act (ICWA), that was passed in response to federal and state government laws and policies which led to the forced removal of countless Indian children from their families. Much like the laws that led to ICWA, Brackeen, is about more than Indian children, though Indian children are caught in the crossfire of this fight. This discussion seminar focuses on these legal questions of state power and sovereignty and how they ended up being so intertwined with child welfare, beginning with the history leading up to ICWA, moving forward through development of contemporary tribal governments and ending with this current case. Materials will be posted on canvas. Class meets 5:00 PM-7:00 PM on Sept. 29, Oct. 13, Oct. 27, Nov. 10.
Last offered: Autumn 2022
| Units: 1
LAW 241N:
Discussion (1L): Equality of Educational Opportunity
This seminar explores the concept of equality of educational opportunity, how law and policy have structured inequality in schools, and the efforts to dismantle inequality and promote equal educational opportunity. We will first consider the concept of equality of educational opportunity. What does it mean to provide equal opportunity and how should educational resources be distributed in a just and fair manner? With that framing, we will consider three specific areas of educational inequality and how law and policy have both structured and can remedy those inequalities. First, we'll explore racial inequality from segregation to tracking to school discipline practices. Beyond historical de jure segregation, how do contemporary school policies structure racial inequality and how can those structures be dismantled? Second, we will consider educational finance policies and the litigation campaigns that have aimed to ensure that our schools are adequately funded and educational resources are distributed equitably. We'll ask the questions of when and how does money matter and what does it mean to provide an adequate education? Finally, we will wade into the ideologically charged, conceptually complex, and empirically murky area of school choice. Can school choice policies such as charter schools, educational vouchers, and inter-district choice promote equity or are they simply doomed to exacerbate our existing inequalities? Class meets 5:30 PM-7:30 PM on Sept. 21, Oct. 12, Oct. 26, Nov. 9.
Last offered: Autumn 2022
| Units: 1
LAW 241O:
Discussion (1L): How Does Criminal Law "Know" the Truth?
Litigation is supposed to be a search for truth, and this search is especially important in criminal law, where outcomes involve the maximum power of the state against the individual, and the consequences of error seem intolerable. But how does criminal law determine the "truth"? Does criminal adjudication represent an epistemological system -- a system for producing knowledge? Or is it something else entirely? This set of issues necessarily implicates a wide variety of legal doctrines that you will be exploring throughout your legal education, but in this short course we will sample provocative excerpts from case law, jurisprudence, social science, and history to address several questions. First, what are the procedural standards of proof that determine the kind of truth criminal justice demands? How much more important is it to avoid wrongful conviction of innocent persons than to convict the guilty? Can statistical evidence alone ever be enough to establish guilt? And how do legal "presumptions" affect our determinations of the "facts" of a case? Second, does the criminal justice system address the many ways that witnesses, even when confident and morally honest, get the truth wrong? For example, eyewitness identifications are highly persuasive evidence -- but DNA exonerations and social science research reveal they are frequently unreliable and incorrect. How does/should the system mitigate this problem? Why does the public view seem to view "direct evidence" as more persuasive than "merely" circumstantial evidence? What does social science research tell us about the phenomenon of people falsely confessing to crimes? How confident are we in the forensic "science" testimony that expert witnesses may offer? Third, in what way is the "truth" as determined by our criminal justice system shaped and sculpted by the government? Does the system do anything to mitigate the natural effects of "tunnel vision" -- or does it instead exacerbate it by aiming for satisfying narrative coherence at the risk of falsehood? Does the Miranda rule obviate coerced confessions? Why are police officers allowed to lie to suspects? Should prosecutors be allowed to offer a person leniency in exchange for testimony against others? Finally, how good are American juries at truth-finding, and does our system have any controls in place for correcting factual error? Can jurors accurately detect deception in witnesses? What types of biases might afflict honest jurors and how can the law deal with them? Does our system have adequate ways of correcting factual errors after an adjudication? How should that goal be balanced with an interest in finality and other values? Class meets 6:00 PM-8:00 PM on Sept. 28, Oct. 12, Oct. 26, Nov. 9.
Last offered: Autumn 2022
| Units: 1
LAW 241P:
Discussion (1L): In Search of Climate Justice
Our rapidly changing climate demands that we act quickly and robustly to decarbonize the economy. But how do we create a just transition that does not merely replicate, or worse yet exacerbate, the inequities of the past? In this discussion seminar, we will explore the tensions, challenges, and opportunities that society faces as it navigates the path forward to an ecologically sustainable future. We will discuss some of the most pressing climate justice controversies at the local, state, national, and international level. Class meets 6:00 PM-8:00 PM on Sept. 21, Oct. 5, Oct. 17, Nov. 2. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241Q:
Discussion (1L): Rationalism, Contrarianism, and Bayesian Thinking in Politics: How to Think Better?
In the early 2010s, the Bay Area spawned a movement of thinkers obsessed with cognitive biases and "Bayesian reasoning," a way of using statistics and probability to inform beliefs. This group--that later came to be known as "rationalists"--insists on subjecting all spheres of life to scientific scrutiny and probabilistic reasoning. Rationalist takes are often contrarian and challenge mainstream ways of thinking about topics that include everything from science and medicine to philosophy and politics to the rise of artificial intelligence. Rationalist writings in blogs and books can be controversial. For example, some rationalists have discussed the genetics of depression or intelligence. Since 2015, however, rationalism has become a brand in Silicon Valley and hugely influential among pundits and executives. Members of the rationalist movement also overlapped with the growing community of "effective altruism," an effort to remake charity donations by focusing on, and calculating, the actual impact of every dollar on human lives. And the movement is full of quirks and, well, weirdness: a fear of AI armaggedon, polyamory, and group living near Berkeley is common. Politically, rationalists are mostly center-left, but they range from "communist to anarcho-capitalist." What brings them together, however, is that they are careful thinkers, quantitatively-oriented, and contrarians. In this seminar we will explore what the Rationalist movement is all about--what and how they think. We will take both a critical but also inquisitive view. What is to be gained from rationalists? Can their way of thinking improve political debates? We will read several books, including James Scott's "Seeing like a State," Julia Galef's "Scout Mindset," Philip Tetlock's "Superforcasters," blog posts from a website called "Less Wrong," and a series of blog-posts by the psychiatrist-cum-polymath Scott Alexander on drug arrests, crime spikes, and medical regulations, among others. Class meets 5:30 PM-7:30 PM on Sept. 28, Oct. 12, Oct. 26, Nov. 9.
Last offered: Autumn 2022
| Units: 1
LAW 241R:
Discussion (1L): The Law of the 2022 Election
This seminar will look at the legal issues coming up in the context of the 2022 election. It will cover issues surrounding election administration and voting rights, as well as any other unexpected controversies leading up to and following the election. Class meets 6:30 PM-8:30 PM on Sept. 20, Oct. 4, Oct. 18, Nov. 1.
Last offered: Autumn 2022
| Units: 1
LAW 241S:
Discussion (1L): Academic Freedom, Free Expression, Diversity, and Inclusion
This seminar will explore how to accommodate efforts to promote inclusion and belonging for students with diverse identities and viewpoints and academic freedom and freedom of expression. We will test the hypothesis that it is possible to serve these important interests without compromising any of them. Our substantive goal is to contribute to the solution of actual contemporary problems in American universities. Our procedural goal is for the seminar to model productive critical discourse about difficult issues. Needless to say, the seminar will address controversial topics involving participants' identities and ideological beliefs, and calls for active listening, empathy, humility, and charity on everyone's part. We will begin by examining the purpose of the university, the differences between faculty members' academic freedom and students' rights to free expression, and the limits of both. With respect to academic freedom, we'll consider proceedings by the University of Pennsylvania Law School to discipline a faculty member for "intentional and incessant racist, sexist, xenophobic, and homophobic actions and statements." One of the major reasons for protecting students' free expression is to create an environment in which they can engage in the core educational practices of critical inquiry and discourse. Critical discourse requires that students feel free to express ideas without fear of being ostracized. We will ask how to create such an environment without infringing on faculty's academic freedom (e.g., by mandating trigger warnings) or students free expression (e.g., by mandating the Chatham House rule, which prohibits attributing statements made in class to particular students). We will then address a selection of other issues, all with a problem-solving attitude: How can universities support the inclusion and participation of socially marginalized students and students with views across ideological and political spectrums in ways that avoid institutional orthodoxy and encourage open discourse?; How can universities prevent and remedy harmful attacks on community members' identities and beliefs in ways that are consistent with academic freedom, free expression, privacy, and due process?; How, consistent with principles of academic freedom, can a university ascertain whether a candidate for promotion or for a faculty position will engage in behaviors that promote inclusion? The seminar will be held over four dinners at the home of Paul and Iris Brest on the Stanford campus. Meets 6:00 PM-8:00 PM on Oct. 4, Oct. 18, Nov. 1, and Nov. 15. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241T:
Discussion (1L): Orwell's 1984
George Orwell's great work contains reflections on thought control in authoritarian societies, including use of pervasive surveillance, policing of language, organized hate, and the big lie. The group will gather in my home for dinner followed by discussion of current relevance of the book, supplemented by several other essays by and about Orwell. Class meets 6:30 PM-9:00 PM on Sept. 14, Oct. 10, Nov. 2, Nov. 16. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241U:
Discussion (1L): Topics in Election Law
This seminar will cover selected topics in election law and the law of democracy. It will cover landmark cases concerning the right to vote, ballot access, redistricting, and campaign finance. Students will be assigned one or two long cases per week. Each week will include a one hour lecture or war story followed by a one hour dinner discussion. Class meets 4:00 PM-6:00 PM on Oct. 3, Oct. 17, Oct. 31, Nov. 7. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241V:
Discussion (1L): Legal Education in History: Conflicts Over Law and Its Teaching
This seminar explores debates over the nature and purposes of law and legal education in the United States from the late nineteenth century to the present--with a particular focus on the role of law schools in managing the line between law and politics. We will begin by examining the formation of modern legal education at Harvard, exploring the turn to legal formalism and its interconnections with the rise of modern capitalism (including the emergence of the defense bar) and anti-immigrant sentiment (including the rise of the plaintiffs' bar). The formalist approach--and its deployment by a conservative U.S. Supreme Court eager to strike down welfare legislation in the Progressive era--would in turn give rise to sociolegal jurisprudence and later legal realism. Centered first and foremost at Columbia and Yale, these approaches would profoundly transform American law schools, all but definitively separating American legal education from its counterparts across the globe. In the wake of the Second World War, as Americans increasingly turned to positivist social science and its promise of law beyond politics, American legal education embraced a new philosophy--that of the process school--which highlighted (American) institutions and procedure as the key to avoiding the pitfalls of both formalism and realism. We will conclude by examining the current landscape of American legal education. Even as the promise of the process school has faltered, the present-day American law school is indelibly marked by its history--including the case method (inherited from late nineteenth-century formalism), a realist commitment to studying law in action, and the process school¿s obsession with (American) institutions and procedure (as exemplified by the study of federal courts). At the same time, we see a turn to interdisciplinarity and to legal clinics--representing the polar extremes of law as science and law as professional practice. But as the perennial question of the relationship between law and politics has become increasingly urgent in the present moment, what has become of the role of legal education in managing the line between law and politics--long the focal point of debates over law and its teaching? Class meets 5:30 PM-7:30 PM on Sept. 21, Oct. 4, Oct. 19, Nov. 16. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241W:
Discussion (1L): Legal Institutions and/or Utopian Futures
People generally come to law school because they believe that law and legal institutions matter. Many think that the study of law will enable them to more effectively influence important social institutions. Some also come to law school hoping to use their law degrees to make the world better -- whatever that means to them. Contemporary left social movements offer a range of visions for what might make the world better, including (but certainly not limited to): abolishing police and prisons; developing a decarbonized economy; restructuring the economic order more generally; implementing systems for reparations and repair for racialized enslavement and dispossession; and opening borders. These visions exist alongside other, sometimes competing, ideas for how to make the world better. This seminar will interrogate the connection between law and hopeful visions for the future. We will engage in some critique of existing institutions, and of the limits of law, but the focus of the conversation will be creative envisioning, not critique. We'll explore the questions of whether and how it is possible to design legal frameworks that move toward more hopeful futures. Class meets 4:30 PM-6:30 PM on Oct. 4, Oct. 18, Nov. 1, Nov. 15. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241X:
Discussion (1L): Rebuilding Civil Society from the Ground Up
Since America's founding, local political engagement (through participation, leadership, and organizing in local politics) has been a linchpin of our democratic order and adult education. That engagement is deeply challenged today by economic segregation, technological and media changes, the downsizing of local journalism, and the loss of institutions that forge local social networks (such as small businesses, churches, and neighborhood-based nonprofits). Yet meanwhile, poor and working class communities need local solutions and activism to face severe challenges such as environmental disasters, low wages, drug addiction, family dissolution, and disinvestment in basic services, schools, and infrastructure. This reading group will sit with stories and strategies of local democratic reengagement. Through a range of readings (from memoir to academic commentary) as well as films and podcasts, we'll discuss a deliberately diverse set of voices, from environmental justice activists to conservative thought leaders. We'll situate our discussions in a diverse set of urban and rural places, including California's agricultural interior, rural Alabama, Oregon's timber counties, post-industrial Massachusetts, and urban Mississippi. My hope is that our group of students--like the authors and protagonists of our discussions--will be racially, politically, economically, and geographically heterogeneous, allowing us to envision and teach each other to become better actors in the project of local political engagement for the public good. Class meets 5:00 PM-7:00 PM on Sept. 28, Oct. 12, Oct. 26, Nov. 16. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241Y:
Discussion (1L): Democracy and Algorithmic Governance
In this discussion seminar we will examine the growth of 'artificial intelligence' (natural language processing, machine learning, and predictive analytics) from an interdisciplinary perspective. The principal objects of focus will be theories of innovation, the proliferation of algorithmic systems that subject human behavior and judgment to algorithmic control, the dependence of algorithmic systems on data surveillance, problems of error, 'leakage,' and bias (including racial bias), the promise of automation, the displacement of ordinary law and professional expertise by algorithmic code, and the tensions between liberal democratic concepts of the rule of law and the operation of code as law. No computer science training or previous training in critical theory is necessary. Class meets 6:00 PM-8:00 PM on Tuesdays (Specific dates are TBA, but we will most likely hold one session in September, two in October, and one in early November). Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 241Z:
Discussion (1L): Exit, Voice, and Loyalty for Lawyers
The eminent economist Albert O. Hirschman is especially famous for his book Exit, Voice, Loyalty (1970). The subtitle of the book--Responses to Decline in Firms, Organizations, and States--may give you a little sense of the argument: that people who are dissatisfied with an institution to which they are attached have three choices. They can leave (switch to another product; quit; emigrate); they can try to change the institution through protest; or they can remain a customer, member, or citizen who goes along with (and perhaps even continues to support) the institution's choices. In this reading group, we will talk about how, as lawyers, we should think about these options. We'll start with a brief overview of Hirschman's argument and an essay by Hannah Arendt about lawyers and bureaucrats in Nazi Germany. We'll then look at some contemporary case studies involving U.S. lawyers who wrestled with whether to serve, or remain in, administrations with which they had serious disagreements and about law firms and their clients. Finally, we'll turn to two examples from outside the law--Ursula LeGuin's famous short story The Ones Who Walk Away from Omelas and a speech by C.S. Lewis about The Inner Circle--and what they tell us about how to think about our career choices. Class meets 5:30 PM-7:30 PM on Sept. 13, Sept. 27, Oct. 17, Nov. 14. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 242A:
Discussion (1L): What Makes a Great Judicial Opinion?
In law school, you will be reading a lot of judicial opinions. Most of the time, you'll be reading them with an eye to their legal holding. In this seminar, you'll be reading them with a different question in mind: What makes one judicial opinion better than another? What is it about certain opinions that leads them to be considered particularly effective or important? When is a judicial opinion "great"? You will read a variety of opinions from different judges and justices, subject areas, perspectives, and time periods, as well as some academic articles about judicial opinions and legal writing. Spoilers: There is no one answer to the title of this seminar. The goal will be to complicate the question and think about the different tools and objectives judges have when they write. Class meets 5:00 PM-7:00 PM on Sept. 19, Oct. 3, Oct. 17, Oct. 31. Elements used in grading: Full attendance, reading of assigned materials, and active participation.
Terms: Aut
| Units: 1
LAW 243:
Bayesian Statistics and Econometrics
Linear and nonlinear regression, covariance structures, panel data, qualitative variable models, nonparametric and semiparametric methods, time series, Bayesian model averaging and variable selection. Bayesian methodology including Markov chain Monte Carlo methods, hierarchical models, model checking, mixture models, empirical Bayes approaches, approximations, and computational issues and foundations. Prerequisite: graduate-level econometrics or equivalent.
Last offered: Autumn 2008
| Units: 2-6
LAW 248:
Corporate Reorganization
Reorganization of a fictitious, financially distressed company under chapter 11 of the Bankruptcy Code, including: out-of-court workout; chapter 11 filing; chapter 11 operating issues; and the negotiation, formulation, and confirmation of a plan of reorganization. Developments in actual pending chapter 11 cases, through media reports.
Last offered: Autumn 2008
| Units: 3
LAW 262:
Corporate Finance I
For those with little background in finance; not open to J.D. or M.B.A. students. Financial concepts and analytical tools needed to make financial decisions and value securities. Capital structures, the design of corporate securities, corporate transactions, executive compensation, and bankruptcy proceedings. Focus is on problem solving.
Last offered: Autumn 2008
| Units: 3
| Repeatable
1 times
(up to 4 units total)
LAW 269:
Foreign Affairs and the Constitution
Focus is on issues of separation of powers and federalism. Topics such as the treaty power, war powers, and customary international law. Current controversies, including those arising from the war on terrorism, Supreme Court cases related to the death penalty and the Vienna Convention on Consular Relations, the Alien Tort Claims Act, and international trade agreements such as the WTO and NAFTA. Recommended: LAW 283.
Last offered: Winter 2009
| Units: 3
LAW 277:
Economic Analysis of Law
(Same as PUBLPOL 202B.) Core course for Public Policy master's students. How legal rules and institutions can correct market failures.The economic function of contracts; role of legal remedies to resolve disputes when contracts fail. The choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors such as regulatory authorities. Economics of litigation; how private incentives to bring lawsuits differ from the social value of litigation. Economic motives to commit crimes; optimal governmental response to crime. Prerequisites: intermediate-level microeconomics; some calculus.
Last offered: Winter 2009
| Units: 3
LAW 283:
Federal Courts
The role of the federal courts in the American system of federalism and separation of powers, and their role in the development of substantive federal law and constitutional rights. Historical context, especially the social, political, and legal movements, in response to which the federal courts have developed. Traditional aspects of federal court jurisprudence. Interdisciplinary readings.
Last offered: Winter 2009
| Units: 3
LAW 285:
International Trade Regulation
Law and policy of the WTO system and related national laws. Topics include the relationship between international and domestic law, the international dispute resolution system, legal restrictions on traditional barriers to trade, nondiscrimination obligations in international trade, trade and the environment, technical barriers to trade, safeguards and adjustment mechanisms, antidumping and countervailing duty law, and trade services.
Last offered: Autumn 2008
| Units: 3
LAW 288:
Governance and Ethics: Anti-Corruption Law, Compliance and Enforcement
Laws and regulations in the U.S. governing ethical conduct of public and industry officials and the extent to which they reflect the moral values of the community and the principles central to a democratic government. Alternative approaches to ethical conduct based on principles and values rather than compliance. Emerging global ethical and governance standards, reporting principles, and their application to emerging markets. How cultural, religious, and moral differences might impact the effectiveness of these standards.
| Units: 3
LAW 291:
Evidence, Advanced
Goal is to develop witness interrogation skills. Direct and cross examination of lay and expert witnesses, introduction of documentary evidence, and use of illustrative evidence in California and federal courts. The art of examining friendly and hostile witnesses. Enrollment limited to six. Prerequisite: 290, application
Last offered: Winter 2009
| Units: 3
LAW 293:
Family Law
Rules regarding the making and breaking of legally recognized relationships, especially those between marital partners and parents and children. Focus is on the institution of marriage.
Last offered: Winter 2008
| Units: 3
LAW 304:
Law and the Rhetorical Tradition
(Same as PWR 194.) The rhetorical underpinnings of legal argument. Elements of the rhetorical tradition; how to analyze written and oral legal and non-legal texts with an eye to the use and function of rhetorical principles. How form and content are mutually constitutive. Understanding of rhetoric as readers and interpreters of legal texts and development of skills as writers and speakers.
Last offered: Winter 2009
| Units: 3
LAW 307:
Gender, Law, and Public Policy
Open to non-Law students with consent of instructor. Topics include equal protection standards, employment, reproductive rights, sexual harassment, rape, domestic violence, pornography, sexual orientation, feminist legal theory, and the family. (Semester schedule.)
Last offered: Winter 2009
| Units: 3
LAW 308:
Cultural Heritage Law and Policy
Preference to students who have taken LAW 236 or comparable preparation. Seminar. Focus is on national and international attention to law and policy concerning works of art, antiques, architectural monuments, archives, and intangible cultural heritage. Research paper.
Last offered: Autumn 2008
| Units: 2
LAW 311:
Comparative Law
Issues of convergence of national legal systems, and American exceptionalism. Sources include contemporary Western European legal systems. Legal education, the role of judges and judging, the function and meaning of codes versus precedent, private law/public law distinction, constitutional courts, judicial review, and approaches to contract. Public law questions on racial equality and affirmative action, gender equality and sexual harassment, citizenship, and church and state.
Last offered: Winter 2009
| Units: 2
LAW 318:
History of American Law
(Same as HISTORY 352B). Modern history of American law, legal thought, legal institutions and the legal profession. Topics include law and regulation of corporate organizations and labor relations in the age of enterprise, law of race relations in the South and North, development of classical legalism, critiques of classical legalism, modern administrative state, organized legal profession, New Deal legal thought and legislation, legal order of the 50s, expansion of enterprise liability, civil rights movements from 1940, rights revolution of the Warren Court and Great Society. (Semester schedule.)
Last offered: Winter 2009
| Units: 3
LAW 321:
Patent Prosecution
(Same as ME 238.) Stages of the patent application process: identifying, capturing, and evaluating inventions; performing a patentability investigation, analyzing the documents, and the scope of the patent protection; composing claims that broadly cover the invention; creating a specification that supports the claims; filing a patent application with the U.S. Patent and Trademark Office; and analyzing an office action and preparing an appropriate response. Current rules and case law. Strategic decisions within each stage, such as: how a patent application advances the patent portfolio; and in what countries a patent application should be filed.
Last offered: Winter 2009
| Units: 1
LAW 322:
Patent Litigation Workshop
Simulations of the strategy and pretrial preparation of a patent lawsuit. Materials include information typical to a patent lawsuit: a patent, file history, prior art, and information regarding the accused product. Students represent either the patentee or the accused infringer. Students plan litigation strategy, meet with and advise a client, conduct written discovery, take and defend depositions, and brief and argue claim construction and motions for summary judgment. Some knowledge of patent law is presumed. Pre- or corequisite: LAW 326.
Last offered: Winter 2009
| Units: 3
LAW 325:
Comparative and International Employment Discrimination
Comparison of laws prohibiting employment discrimination in the U.S. with those of other countries. Differences between regimes in social context; how differing histories, demographics, economic institutions, and political commitments have produced various approaches to employment discrimination. How and why laws prohibiting discrimination have become widespread, looking to international and local influences. Prerequisite: LAW 349 or consent of instructor.
| Units: 3
LAW 326:
Intellectual Property: Patents
Major aspects of patent law, primarily as applied in the US; patentability, including novelty, nonobviousness, enablement, infringement, and remedies. Focus is on essential legal principles and a policy analysis of the patent system. Goal is to provide background for non-patent specialists and those planning a career in the field.
Last offered: Autumn 2008
| Units: 3
LAW 330:
International Human Rights
Contemporary system of international human rights, including civil, political, social, and economic rights. Women's and children's rights, indigenous rights, rights to democratic governance, and rights to cultural practices that differ from Western notions of human rights. Structure and role of international, regional and domestic bodies that report and adjudicate human rights claims. Normative justifications for human rights, and the challenges to these justifications posed by arguments for cultural relativism, and the forces of globalization. Recommended: international public law or equivalent.
Last offered: Winter 2009
| Units: 3
LAW 332:
International Development
Current research. How political institutions determine economic policy choices, and economic structures affect political processes. Bridges theory and practice to investigate micro- and macro-level political and economic processes shaping the prospects for development. Case studies on market function, why seemingly inefficient institutions survive, and why governments adopt policies detrimental to development. Topics include: the political economy of corruption, the role of foreign aid, the efficacy of governance reforms, and the relationship between democracy and development.
| Units: 3
LAW 333:
Judgment and Decision Making
(Same as PUBLPOL 205A, IPS 207A.) Theories and research on heuristics and biases in human inference, judgement, and decision making. Experimental and theoretical work in prospect theory emphasizing loss and risk aversion. Support theory. Challenges that psychology offers to the rationalist expected utility model; attempts to meet this challenge through integration with modern behavioral economics. Decision making biases and phenomena of special relevance to public policy such as group polarization, group think, and collective action. Prerequisites.
Last offered: Winter 2009
| Units: 3
LAW 343:
Scientific Evidence and Expert Testimony: Patent Litigation
How to explain science to judge and jury; how litigators determine which legal issues to argue. Patent and expert testimony law. Student teams choose patents for final simulation projects, prepare claim charts, devise a design-around, and present oral arguments.
Last offered: Autumn 2008
| Units: 3
LAW 344:
Law and Economics Seminar I
Current research by lawyers and economists on topics in law and economics. Guest speakers. Topics may include contribution among antitrust defendants, the philosophical foundations of the economic analysis of law, compensation for government regulations and takings, liability rules for controlling accidents, and the corporate tax treatment of nonprofit institutions. Prerequisite: LAW 275 or introductory microeconomics course.
Last offered: Autumn 2008
| Units: 2
| Repeatable
2 times
(up to 6 units total)
LAW 344:
Law and Economics Seminar II
Current research by lawyers and economists on topics in law and economics. Guest speakers from other universities present current research. Topics include contribution among antitrust defendants, the philosophical foundations of the economic analysis of law, compensation for government regulations and takings, liability rules for controlling accidents, and the corporate tax treatment of nonprofit institutions.
Last offered: Winter 2009
| Units: 2
LAW 345:
Law and Culture in American Fiction
How literary texts register changes in property law, the law of contracts, intellectual property and legal constructions of race, gender, and privacy, as they relate to the maintenance of personal identity, community stability, and linguistic meaning. A novel or story is paired with relevant legal and historical readings, considering the points of contact between literary narrative and narrative in law. Authors include James Fenimore Cooper, Herman Melville, Henry James, Theodore Dreiser, Nella Larsen, William Faulkner, and Sherman Alexie.
Last offered: Autumn 2008
| Units: 3
LAW 356:
Dispute Resolution in International Economic Law
(Same as POLISCI 404.) Topics include: theoretical work on international trade and investment disputes; empirical work on WTO dispute resolution and the efficacy of developing country participation; and legal analysis of current, prominent disputes in the WTO and under international investment treaties.
Last offered: Winter 2009
| Units: 1
| Repeatable
2 times
(up to 2 units total)
LAW 359:
Tax Policy
Issues in tax policy, progressivity, income versus consumption tax, property tax and school finance, tax simplification, tax compliance and tax shelters. Possible tax initiatives of the new administration in Washington.
Last offered: Winter 2009
| Units: 3
LAW 361:
Economic and Social Organization of the Legal Profession
(Same as SOC 133/333.) Seminar. Emphasis is on the labor market for large-firm lawyers, including the market for entry-level lawyers, attorney retention and promotion practices, lateral hiring of partners, and increased use of forms of employment such as the non-equity form of partnership. Race and gender discrimination and occupational segregation; market-based pressure tactics for organizational reform. Student groups collect and analyze data about the profession and its markets. Multimedia tools for analysis and for producing workplace reforms.
| Units: 3
LAW 362:
Foundations of Statistical Inference
(Same as IPS 205C, PUBLPOL 203C.) Statistical background and introduction to regression. Topics include hypothesis testing, linear regression, nearest-neighbors regression, and other statistical concepts. Hands-on empirical analysis via computer exercises using statistical packages; how to analyze empirical studies, conduct empirical research, and cross-examine or work with statistical experts.
Last offered: Autumn 2008
| Units: 2
LAW 366:
Principles of Research Design and Analysis: Tools
(Same as PUBLPOL 203B, IPS 205B.) Review of statistical background material. Statistical research for public policy analysis, including multiple regression analysis, multilevel modeling, and Bayesian analysis. Policy analysis in government, research institutes, and academia, complex empirical issues in litigation, investment banking, consulting and finance. Topics include hypothesis testing, regression specification, logistic regression, probit, serial correlation, errors in variables, instrumental variables, simultaneous equations, generalized linear models, simulation, causal inference, and missing data imputation. Empirical analysis via computer exercises using popular statistical packages. Prerequisite: basic statistics.
Last offered: Winter 2009
| Units: 3
LAW 367:
Principles of Research Design and Analysis: Advanced Mathematical & Computational Methods
Adjunct to 366 for students who wish to work at a deeper mathematical level. Corequisite: 366.
Last offered: Winter 2009
| Units: 1
LAW 368:
Law and the Biosciences: Neuroscience
(Same as HRP 211.) Legal, social, and ethical issues arising from advances in neuroscience, including effects upon law and society through improvements in predicting illnesses and behaviors, reading minds through neuroimaging, understanding responsibility and consciousness, treating criminal behavior, and cognitive enhancement. May be repeated for credit. (Semester schedule.)
Last offered: Winter 2009
| Units: 2
LAW 372:
Legal History Workshop
(Same as HISTORY 307A.) Faculty and students from the Law school and the History department discuss research in the field of legal history. Guest speakers. Secondary literature relevant to the speaker's research.
Last offered: Winter 2009
| Units: 3
LAW 383:
Research Design for Public Policy Analysis
(Same as IPS 205A, PUBLPOL 203A.) Translate the questions of policy controversies to questions that are susceptible to empirical research. How to select the most appropriate research strategy for different types of questions. Requirements for designing sample surveys, case studies, and experiments, and methods for conducting interviews with individuals and groups, observational studies and textual analysis. Final paper is a research design for investigating a policy question of the student's choice.
Last offered: Autumn 2008
| Units: 2
LAW 400:
Directed Research
Directed Research is an extraordinary opportunity for students beyond the first-year to research problems in any field of law. Directed research credit may not be awarded for work that duplicates the work of a course, clinic, or externship for which the student has registered. Directed research credit may be awarded for work that expands on work initially assigned in, or conceived during, a course, clinic, or externship, but only if the continued work represents a meaningful and substantial contribution to the already existing project, significantly beyond mere editing or polishing. If a student seeks to continue or expand on work that the student initiated previously (whether for a course, clinic, externship, or otherwise) a student must (1) share the initial work with the professor supervising the directed research, to the extent that work is non-privileged, and (2) obtain permission for the expansion from the instructor or supervisor who supervised the initial project. The final product must be embodied in a paper or other form of written work involving a substantial independent effort on the part of the student. A student must submit a detailed petition of at least 250 words, approved by the sponsoring faculty member, outlining his or her proposed project and demonstrating that the research is likely to result in a significant scholarly contribution. A student may petition for "Directed Research: Curricular Development" when the work involves assisting a Law School faculty member in developing concepts or materials for new and innovative law school courses. Both the supervising faculty member and the Associate Dean for Curriculum must approve petition for "Directed Research: Curricular Development." Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. Students whose projects warrant more than four units should consider a Senior Thesis or the Research Track (See SLS Student Handbook for requirements and limitations). With the approval of the instructor, successful completion of a directed research project of two units or more may satisfy the JD writing requirement to the extent of one research writing course (R course). See Directed Research under Curricular Options in the SLS Student Handbook for requirements and limitations. Directed Research petitions are available on the Law School Registrar's Office website (see Forms and Petitions). Elements used in grading: Paper and as agreed to by instructor.
Terms: Aut, Win, Spr
| Units: 1-4
| Repeatable
8 times
(up to 8 units total)
Instructors: ;
Achiume, E. (PI);
Anand, E. (PI);
Anderson, M. (PI);
Bartlett, R. (PI);
Belt, R. (PI);
Campbell, J. (PI);
Chacon, J. (PI);
Donohue, J. (PI);
Douek, E. (PI);
Engstrom, D. (PI);
Fisher, G. (PI);
Ford, R. (PI);
Gienapp, J. (PI);
Grossman, J. (PI);
Ho, D. (PI);
Honigsberg, C. (PI);
Jensen, E. (PI);
Kessler, A. (PI);
Lemley, M. (PI);
Marshall, L. (PI);
Martinez, J. (PI);
McConnell, M. (PI);
Meyler, B. (PI);
Milhaupt, C. (PI);
O'Connell, A. (PI);
Ouellette, L. (PI);
Reddy, G. (PI);
Reese, E. (PI);
Sassoubre, T. (PI);
Seiger, A. (PI);
Sinnar, S. (PI);
Sivas, D. (PI);
Sklansky, D. (PI);
Sonne, J. (PI);
Spaulding, N. (PI);
Thompson, B. (PI);
Trillin, A. (PI);
Weisberg, R. (PI)
LAW 403:
Senior Thesis
An opportunity for third-year students to engage in original research and to prepare a substantial written-work product on the scale of a law review article. The thesis topic should be chosen no later than two weeks after the beginning of the seventh term of law study and may be chosen during the sixth term. The topic is subject to the approval of the thesis supervisor, who may be any member of the Law School faculty under whose direction the student wishes to write the thesis and who is willing to assume the responsibility therefor. An oral defense of the thesis before members of the faculty, including the thesis supervisor, will be conducted late in the student's ninth academic term. Acceptance of the thesis for credit requires the approval of the thesis supervisor and one or more other members of the faculty who will be selected by the supervisor. Satisfactory completion of the senior thesis will satisfy graduation requirements to the extent of (a) 5 - 8 units of credit and (b) two research courses. The exact requirements for a senior thesis are in the discretion of the supervising faculty member. Special Instructions: Two Research credits are possible. Elements used in grading: Paper and as agreed to by instructor.
Terms: Aut, Win, Spr
| Units: 5-8
| Repeatable
3 times
(up to 9 units total)
LAW 406:
Research Track
The Research Track is for students who wish to carry out a research project of a scope larger than that contemplated for a Senior Thesis. Research Track projects are to be supervised by two or more professors, at least one of whom must be a member of the Law School faculty. At least one faculty member in addition to the supervisors must read the written product of the research, and the student must defend the written work orally before the readers. Students will be admitted to Research Track only if they have a demonstrated capability for substantial independent research, and propose a significant and well-formulated project at the time of application. Special Instructions: Two Research credits are possible. Elements used in grading: Paper and as agreed to by instructor.
Terms: Aut, Win, Spr
| Units: 9-12
| Repeatable
for credit
LAW 407:
International Deal Making: Legal and Business Aspects
The application of legal and business knowledge to real world international transactions. Topics include deal structuring, identifying and resolving legal and business concerns, negotiations, documentation, deal closing, legal issues in cross-border transactions, importance of legal documents in business transactions, and the role of the legal advisor. Case studies. Students strategize, structure, and negotiate real world, substantive, international business deals.
Last offered: Autumn 2008
| Units: 2
LAW 409:
Introduction to Intellectual Property
Patents, copyrights, trademarks, and trade secrets. Commonalities and differences among systems of intellectual property protection.
Last offered: Winter 2009
| Units: 3
LAW 411:
Directed Professional Writing
Directed professional writing projects involve professional writing, such as motions, briefs, proposed legislation, and congressional testimony, undertaken with the assistance of --- and in collaboration with --- a faculty member. Directed professional writing credit is designed to allow a student, or a small group of students working together, to receive academic credit for their work tackling real-world problems. Only projects supervised by a member of the faculty (tenured, tenure-track, senior lecturer, or professor from practice) may qualify for Directed Professional Writing credit. It will not necessarily be appropriate to require each member of the team to write the number of pages that would be required for an individual directed research project earning the number of units that each team member will earn for the team project. The page length guidelines applicable to individual papers may be considered in determining the appropriate page length, but the faculty supervisor has discretion to make the final page-length determination. Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. A petition will not be approved for work assigned or performed in a course, clinic, or externship for which the student has or will receive credit. Directed Professional Writing petitions are available on the Law School Registrar's Office website (see Forms and Petitions). Elements used in grading: As agreed to by instructor.
Terms: Aut, Win, Spr
| Units: 1-4
| Repeatable
8 times
(up to 8 units total)
LAW 440:
Biotechnology Law and Policy
Legal and policy issues raised by the biotechnology industry. Issues include patenting, corporate organization and financing, conflicts of interest, regulatory approvals, health care financing issues, and tort liability. Prospects for and implications of the biotechnology revolution. Organized around hypothetical problems. Undergraduates require consent of instructor.
Last offered: Spring 2006
| Units: 2
LAW 447:
Communications Law
Comprehensive overview of current communications law as it has emerged over the past 100 years, in the form of industry-specific laws and through related areas of law such as antitrust and first amendment law. Existing pressures on the system, available solutions, and the broader economic and political implications of the legal and technical choices that communications law is facing today. Focus is on the U.S.; attention to developments elsewhere.
Last offered: Autumn 2008
| Units: 3
LAW 458:
FDA's Regulation of Health Care
(Same as HRP 209.) Open to law or medical students; graduate students by consent of instructor. Focus on the FDA's regulation of drugs, biologics, medical devices, nutritional supplements, and its jurisdiction over food, legal, social, and eithical issues arising from advances in the biosciences.
Last offered: Autumn 2008
| Units: 2
LAW 467:
Quantitative Methods: Finance
The time value of money. Present and future value analysis; discounting; net present value; IRR; bond valuations; and a critique of other project valuation methods. Diversification, the risk-return trade-off, portfolio performance measurement, and market efficiency. Arbitrage and tax considerations. Emphasis is on applications in legal settings.
Last offered: Winter 2009
| Units: 2
LAW 468:
Statistical Inference in Law
Tools, concepts, and framework to become consumers of quantitative evidence and social science. Case law as a springboard for considering quantitative evidence.
Last offered: Winter 2009
| Units: 3
LAW 470:
Originalism's Alternatives
Competing methods for interpreting constitutional text. Alternatives within originalist methodology and alternatives to originalism, such as common-law reasoning, moral readings, democratic themes, foreign sources, and judicial minimalism. Focus on judicial decision making. Justifications for treating ancient constitutional text as law, the formal amendment process, defenses of judicial review, and influences on judicial behavior aside from interpretive method.
| Units: 2
LAW 471:
Constitutional Law II: Free Speech
Speech, press, and associational rights under the First Amendment. Focus is on case law; attention to normative theory, emerging controversies, and empirical questions. Topics include sedition and suspected sleeper cells, government secrets and journalist privileges, personal privacy and reputational injury, communications network access and FCC indecency regulation, racist and sexist speech and associations, commercial advertising and trade secret protection, campaign financing, and Internet regulation.
| Units: 3
LAW 483:
Deal Litigation Seminar
Practical and doctrinal perspective on mergers and acquisitions litigation. Case studies from practice in the Delaware courts where much contemporary deal litigation occurs; students apply cases and legal principles in practical situations that may arise in a transactional litigation practice. The litigator's role in the transactional setting. Prerequisite: familiarity with basic corporate law principles.
Last offered: Winter 2008
| Units: 2
LAW 513:
California Climate Change Law and Policy
Same as EARTHSYS 233, EARTHSYS 133. The California Global Warming Solutions Act of 2006, the clean cars and trucks bill, and the greenhouse gas emissions performance standard. Complementary and subsidiary regulations such as the renewable portfolio standard, the low Carbon fuel standard, land use law, and energy efficiency and decoupling. Focus is on the draft scoping plan to outline California's policies for economy-wide reductions in greenhouse gas emissions. The Western Climate Initiative. History, details, and current status of California's efforts.
Last offered: Autumn 2008
| Units: 2
LAW 514:
The California Coast: Science, Policy, and Law
(Same as EARTHSYS 175, EARTHSYS 275, CEE 175A, CEE 275A.) Interdisciplinary. The legal, science, and policy dimensions of managing California's coastal resources. Coastal land use and marine resource decision making. The physics, chemistry, and biology of the coastal zone, tools for exploring data from the coastal ocean, and the institutional framework that shapes public and private decision making. Field work: how experts from different disciplines work to resolve coastal policy questions.
Last offered: Winter 2009
| Units: 3
LAW 539:
Law and Policy of the European Union
(Same as IPS 232.) European legal and institutional integration, the nature and sources of EU law, the evolution of the single market, and the building of a supranational judicial system. General principles of EU law, the scope of Community powers and their application in the national legal systems of the member states, EU legislation and adjudication, the four freedoms of the single market, corporate and competition policy, and human rights law. U.S.-EU trade and anti-trust issues, cooperation in defense, development assistance, promotion of democracy, and relations in the context of the new challenges to global governance.
Last offered: Winter 2009
| Units: 3
LAW 549:
Chinese Legal System: Introduction to the
Legal institutions, major areas of substantive and procedural law, and the gap between law on the books and in action. Topics include the World Trade Organization, the Communist Party's recognition of private property, and reforms of financial system and human rights protection mechanisms.
Last offered: Autumn 2008
| Units: 3
LAW 550:
Uses of Policy Analysis in the Law
Uses of policy analysis in substantive and procedural law reform and the practical and political constraints that limit its usefulness. Case study approach, including examples of policy analyses that played a role in recent policy debates, in the legislative arena, and in key court decisions. Previous topics include capital punishment, school vouchers, class actions, racial profiling, three-strikes laws, gun control, and gays in the military. Final paper. Prerequisite: LAW 383.
Last offered: Winter 2009
| Units: 2
LAW 565:
Immigration Law: Current Constitutional and Civil Rights Issues
Issues related to the constitutional and civil rights of immigrants. Focus is on the statutory framework regulating the admission of non-citizens and the constitutional principles that govern immigration law and policy. Issues may include restrictions on federal court jurisdiction over immigration matters, detention of non-citizens, public and private discrimination on the basis of alienage, labor and workplace rights of immigrant workers, refugee and asylum law, post 9/11 issues, local and state laws targeting immigrants, and matters pending in the Supreme Court. Guest lecturers.
Last offered: Autumn 2008
| Units: 2
LAW 576:
Sexual Orientation and The Law
How the law addresses contested contemporary issues concerning sexual orientation. Constitutional, criminal, family, and anti-discrimination law. Regulation of sexual conduct, discrimination in the military and Boy Scouts, the law concerning sexual minorities as parents, conflicts between sexual and religious freedom, and the role of direct democracy in shaping sexual orientation law. Debate over same-sex marriage. Emerging sexual identities such as transsexuality and intersexuality. Interdisciplinary focus on how social, cultural and political forces shape, and are shaped by, legal doctrine. How gender structures sexual orientation debates.
Last offered: Winter 2009
| Units: 2
LAW 581:
Workshop in Sociology of Law
(Same as SOC 338.) Required for joint degree J.D./Ph.D. students in Sociology in the first three years of program; open to Ph.D. students in Sociology and related disciplines. Empirical, sociological study of law and legal institutions. Topics such as the relation of law to inequality and stratification, social movements, organizations and institutions, political sociology and state development, and the social construction of disputes and dispute resolution processes. Research presentations. Career development issues. May be repeated for credit.
Last offered: Winter 2008
| Units: 1-3
| Repeatable
1 times
(up to 3 units total)
LAW 585:
Introduction to Transnational Law
International aspects of modern legal practice. Public and private international law, and comparative law. Case studies focus on human rights, environment, trade, and commercial law. National sovereignty in the era of globalization, the democratic deficit of international institutions, theories about why nations obey or disobey international law, how nations internalize or reject international norms, how international institutions interact with national legal systems, and the role of non-state actors in the international system.
Last offered: Winter 2009
| Units: 3
LAW 599:
Climate Change Workshop
Students prepare papers to be used as technical support for problems that arise in the negotiations for the new global climate change agreement. Examples of paper subjects include analyzing the performance of proposed financial mechanisms in support of climate favoring technologies, the roles of intellectual property in facilitating or impeding technology diffusion, and the effectiveness of existing or past efforts to influence technology innovation at national or international levels. Focus is on output to those questions framed by the negotiation issues where bottlenecks may be avoided through improved technical support. (Semester schedule)
Last offered: Winter 2009
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 603:
Environmental Law and Policy
Federal environmental laws, regulatory structures. and environmental policies. The property law roots of environmental law and current primary analytical frameworks of use in understanding environmental law and policy. Federal statutes including the Clean Air Act, the Clean Water Act, the Endangered Species Act, the National Environmental Policy Act, Superfund (CERCLA), and the Resource Recovery and Conservation Act. Case studies from environmental cases and controversies.
Last offered: Winter 2009
| Units: 3
| Repeatable
1 times
(up to 3 units total)
LAW 604:
Environmental Law Workshop: Clean Technology
Current research and work in environmental and natural resources field focused on clean technologies. Academics, policy makers, and business leaders from various disciplines present current research or work. May be repeated for credit.
Last offered: Winter 2009
| Units: 3
| Repeatable
2 times
(up to 5 units total)
LAW 608:
Environmental Science for Managers and Policy Makers
(Same as IPER 335, OIT 338.) Core course for joint J.D. or M.B.A. and M.S. in Environment and Resources. How to apply scientific understanding to business operations, strategy, and the design of market-based environmental policy. Fundamentals of earth systems and environmental science. Spreadsheet modeling, optimization, and Monte Carlo simulation.
Last offered: Winter 2009
| Units: 3
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
| Units: 1
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
| Units: 4
LAW 656:
International Conflict: Management and Resolution
(Same as IPS 250, POLISCI 210R/310R, PSYCH 383.) Interdisciplinary. Theoretical insights and practical experience in resolving inter-group and international conflicts. Sources include social psychology, political science, game theory, and international law. Personal, strategic, and structural barriers to solutions. How to develop a vision of a mutually bearable shared future, trust in the enemy, and acceptance of loss that a negotiated settlement may produce. Spoilers who seek to sabotage agreements. Advantages and disadvantages of unilateral versus reciprocal measures. Themes from the Stanford Center of International Conflict and Negotiation (SCICN).
Last offered: Winter 2009
| Units: 2
LAW 671:
Critical Theory
Developments in critical theory as it relates to law and jurisprudence. The critical tradition in Western philosophy including thinkers such as Friedrich Nietzsche, Karl Marx, Max Weber, Jean Paul Sartre, and Michel Foucault. Influence of this critical tradition in American legal theory, tracing the critical turn through the Americal legal realists, critical legal studies, and the emergence of identity-based critical movements such as critical race theory, critical feminist theory, and critical approaches to sexual orientation.
Last offered: Autumn 2008
| Units: 3
Last offered: Summer 2017
| Units: 0
| Repeatable
2 times
(up to 0 units total)
LAW 802:
TGR: Dissertation
Terms: Aut, Win, Spr
| Units: 0
| Repeatable
for credit
Instructors: ;
Ablavsky, G. (PI);
Banks, R. (PI);
Donohue, J. (PI);
Engstrom, D. (PI);
Fisher, G. (PI);
Greely, H. (PI);
Hensler, D. (PI);
Honigsberg, C. (PI);
Kessler, A. (PI);
Klausner, M. (PI);
Lemley, M. (PI);
MacCoun, R. (PI);
McConnell, M. (PI);
Milhaupt, C. (PI);
Nyarko, J. (PI);
Ouellette, L. (PI);
Rabin, R. (PI);
Sinnar, S. (PI);
Sykes, A. (PI);
Thompson, B. (PI);
Weiner, A. (PI);
Zambrano, D. (PI);
Sze, E. (GP)
LAW 805Z:
Policy Practicum: Supporting INTERPOL's Efforts to Combat Transnational Crime
Changes in the nature of transnational crime and developments under international law may necessitate adjustments of INTERPOL's policy and legal considerations in three broad areas: (1) online manifestations of support for extremist and terrorist conduct; (2) misinformation and fake new; (3) online incitement of violence and hatred, defamation, harassment, and cyber bullying. This Practicum aims to develop principles for INTERPOL to guide its interpretation and application of Article 3 to capture this new--online--manifestation of transnational crime. More specifically, it aims to establish general guidelines that INTERPOL can rely on in determining whether a request to process information on offenses arguably implicating freedom of expression online is in alignment with its constitutional obligation to remain neutral and adhere to international human rights standards. This Practicum is open to graduate students from law (2L, 3L, and Advanced Degree), business, international policy, communications, computer science, and other relevant programs. Highly qualified undergraduates are also invited to apply. The practicum meets 9-10:30 on Wednesdays. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper.Cross-listed with International Policy (INTLPOL 255) in Winter and Spring.
Last offered: Spring 2020
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 806Y:
Policy Practicum: Justice By Design
Legal aid groups, government agencies, and state courts offer free help to people experiencing housing, debt, family, and other major life problems. This policy lab will examine how to make this legal help more accessible, trusted, and impactful. How can more people be aware and empowered to use legal help, especially in a more equitable way? Students in this policy lab will research and design national strategies for making legal help and government services more discoverable, user-friendly, and trustworthy. Students will conduct user research, technology experiments, and legal research to identify what specific initiatives might make legal help more engaging and impactful. The students will be able to explore a range of new kinds of innovations from technology, to community partnerships, to service design--and help justice organizations make a coherent strategy for increasing uptake and engagement with their public services. This class is open to Stanford Law students, and available for cross-registration for graduate and undergraduate students from across campus. We encourage students from outside the Law School to apply. Students will be working together in small teams. Grading will be based on presentations, written assignments, class participation, and group work. 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. Cross-listed with Design (DESIGN 271).
Last offered: Spring 2023
| Units: 3
LAW 806Z:
Policy Practicum: "Every Vote Counts" Voting Verification Project
Clients: Stanford Election Law Project <https://law.stanford.edu/stanford-university-election-law-project/> and the Stanford PACS Program on Democracy and the Internet <https://pacscenter.stanford.edu/research/program-on-democracy-and-the-internet/projects/>. California recently passed SB 759, the "Every Vote Counts Act," to codify requirements allowing voters a chance to fix their ballot in case of a signature mismatch. SB 759 requires elections officials notify voters of mismatched signatures at least 8 days prior to the certification of an election. Ballots would be counted by elections officials if a signature verification statement is returned no later than 5:00 p.m. two days prior to certification. However, the law does not specify in great detail the steps that counties should take to contact voters. Prior to the bill's passage, a report by the California Voter Foundation revealed substantial variation in how counties verified mismatched signatures and contacted affected voters. This Policy Lab research project will produce the first public report tracking how counties have implemented/are planning to implement the requirements of SB 759. This project maps how the implementation of state statutes and guidelines dealing with vote-by-mail signature verification varies among California counties. Research questions for each county include: (1) What criteria does a signature need to meet to "not appear to be the same" (and therefore result in a ballot being invalidated)? (2) What remedial steps are taken, with regards to SB 759, if an election worker determines there is a "signature mismatch" before the statutory deadline? To answer these questions, students will conduct a survey of county election officials and administrative material and produce a final report with findings and lessons to improve county procedures. Students will research legal and policy frameworks, interview policy makers and state administrative officials, develop targeted policy recommendations, and brief policy makers on recommendations. The final report will be publicly available and will inform California county election officials, state policy-makers, and voting rights advocacy groups. This policy practicum is offered for two to three variable units. Students may elect three units by special arrangement with the instructors. 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.
Last offered: Autumn 2019
| Units: 2-3
LAW 807A:
Policy Practicum: Federal Indian Law: Yurok Legal Assistance
Client: Yurok Tribe. Students will assist the client, the Office of the Tribal Attorney of the Yurok Tribe (the largest federally recognized Native nation in California), by conducting legal research on a variety of possible topics, including tribal water rights, tribal police powers, tribal/county relationships, and the Indian Child Welfare Act. The exact scope and nature of the research will be determined in consultation with the client. Students will produce policy memos based on their research to share with the client. Coursework or background in federal Indian law is helpful but not required. The project may involve opportunity to present virtually to the tribal council. Elements used in grading: Attendance, performance, class participation, written assignments, and final paper. 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.
Last offered: Spring 2023
| Units: 2-3
LAW 807B:
Policy Practicum: What we can do to Mitigate Climate Warming
Client: Steyer-Taylor Center for Climate Energy and Finance. This is the winter quarter continuation of this practicum. We take as a given the well-established scientific evidence establishing the causal connection between greenhouse gas (GHG) emissions and global warming, and the likelihood that current trajectories of fossil fuel use are leading to catastrophic climate change. In addition to its global consequences, climate change threatens to compromise Stanford's core missions through fires, environmental damage, and other harms to the University's staff, students, and faculty. In the Autumn Quarter, in which the practicum was co-taught by Alicia Seiger, students undertook several research projects, including how Stanford researchers' broad-ranging expertise in energy-related finance issues could be most effectively deployed to inform policy makers; reducing food waste as a means of reducing GHG emissions; and Stanford health services' role in reducing GHG emissions. In the Winter Quarter, we will focus on the possible effects on GHG emissions of investment policies and practices, automobile and air transportation, and the consumption of beef and other foods. The mandate of Stanford Law and Policy Labs is to conduct impartial, evidence-informed policy analysis. Rather than deliver a set of specific recommendations, this practicum seeks to assess the pros and cons of plausible policies. While participants may have prior views on some of the issues, they should be open to revising their views in light of the evidence. Policy Lab practicums are research seminars. Although we will assign some readings and invite experts to meet with the seminar during the quarter, much of the research will be conducted by student teams. Policy Lab practicums are designed primarily for law students, but are open to students throughout the University. This practicum seeks students with knowledge of economics, finance, food systems, and environmental science. Admission is by petition. Elements used in grading: Autumn Quarter - Attendance, Performance, Class Participation, Written Assignments, Final Paper. Winter Quarter- Class Participation, Final Paper. 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.
Last offered: Winter 2020
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 807C:
Policy Practicum: Donor Advised Funds and Their Critics
The donor advised fund (DAF) is an increasingly popular vehicle for charitable giving. Donors receive a tax deduction when they contribute money or appreciated assets to a DAF; at their discretion, donors (DAF "holders") may advise the DAF manager, or "sponsor," to distribute funds to tax-exempt charities. There are about 500,000 individual DAFs across the country, with total assets of over $100 billion. The major DAF sponsors are community foundations and the charitable arms of investment managers like Schwab, Fidelity, and Vanguard. Although donors can only "advise" rather than "direct" a sponsor to make a gift, their advice is almost always heeded. DAFs arguably incentivize giving by providing a vehicle for donating complex assets and reducing a donor's burdens by offloading administrative tasks to the DAF sponsor. Some DAF sponsors also offer advice to enable their DAF holders to give more effectively. Yet DAFs have been criticized on several grounds, and legislation has been introduced (but not enacted) to regulate them. One criticism is that while donors receive the tax deduction immediately upon contributing to a DAF, they can take as long as they wish to make gifts from the DAF, and even pass advisory authority on to their heirs, thus delaying putting the funds into the hands of charities that can use them. (In comparison, foundations are required to spend at least 5 percent of their assets annually.) Another criticism is that gifts made through a DAF can be anonymous, with only the DAF sponsor listed as the donor. (In comparison, gifts and grants by foundations must be reported on publicly available tax returns.) In addition, some DAF sponsors have concerns about requests to make gifts to putative hate groups: how to determine whether an organization falls in this category, and how to respond to the request if it does. At a time when the controversy around DAFs is only likely to grow, this Policy Lab practicum will provide an evidence-based analysis of the pros and cons of various self-reform and regulatory proposals. The research team will focus on understanding the perspectives of the recipients of DAF funding as well as those of DAF sponsors, DAF holders, regulators, and critics. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Winter 2020
| Units: 2-3
LAW 807D:
Policy Practicum: Post-Ferguson Civil Rights Enforcement
Post-Ferguson Civil Rights Enforcement and Municipal Courts. The Ferguson Report prepared by the United States Department of Justice identified a number of procedural due process violations in the way the city's municipal courts functioned. These procedural defects amplified the consequences of racial disparities in who was arrested and charged in the city. In the wake of the Ferguson Report, civil rights litigation has been brought challenging similar procedural due process violations in other municipal courts around the country. Litigation has concentrated on excessive bail, fines, fees, and other court costs, conflicts of interests in having judges whose budgets depend on collection exercise discretion in setting these charges and collecting them, and failure to comply with Bearden v. Georgia (1983) (prohibiting imprisonment for failure to pay court charges without inquiring into a litigant's indigence and determining that a litigant's failure to pay is "willful"). This two-quarter sequence policy lab focuses on (i) gathering empirical, doctrinal, historical, and other research on municipal court practices associated with the setting, charging, and collection of court fines, fees, and other costs, including demographic research on vulnerable populations affected by procedural errors, (ii) gathering evidence regarding best practices to reform court procedures, particularly regarding compliance with Bearden v. Georgia, (iii) drafting initiatives for recommendation to the client, and (iv) closely editing and refining the proposals for distribution. Applicants should have interest and/or expertise in criminal or civil justice reform, civil rights litigation and enforcement, procedure, and judicial ethics. Strong legal research and writing skills are imperative. Applicants must also be willing to work under conditions that require strict confidentiality. Elements used in grading: Attendance, Performance, Class Participation, Written 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.
Last offered: Winter 2020
| Units: 1-3
| Repeatable
2 times
(up to 6 units total)
LAW 807E:
Policy Practicum: Global Judicial Reforms
Client: National Assembly of Venezuela, Special Committee for the Defense of the Constitution. Venezuela is undergoing a profound political, humanitarian, and economic crisis. Although a dictatorship currently reigns, reformers have begun to plan for a brighter and more democratic future. Students enrolled in this policy lab will have a unique opportunity to help set the terms of a future Venezuelan democracy (and institutional reforms) via a report to be submitted to the Venezuelan National Assembly, the only remaining democratic institution in the country. The report will inform efforts to create a new Venezuelan judiciary. Specifically, students will spearhead completion of a report designed to explore reforms and improvements to judicial independence, judicial appointments, the workings of the judiciary, and the broader legal system. Students will interact with Venezuelan congressional representatives, human rights experts, and research other countries' experiences with judicial reform. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, 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.
Last offered: Winter 2022
| Units: 2
| Repeatable
2 times
(up to 6 units total)
LAW 807F:
Policy Practicum: Assessing Alternative Approaches to Hate Crimes
Partner: Brennan Center for Justice. Most states and the federal government have adopted laws enhancing penalties for hate crimes, but questions remain as to the effectiveness of these laws in deterring hate violence and making victims whole. Some within marginalized and civil rights communities seek alternative---or additional---approaches that do more to address the communal injuries hate crimes inflict, without an exclusive focus on lengthening incarceration for offenders. Yet many of these alternative models, including restorative justice approaches, are undertheorized, rare in practice, and insufficiently assessed. In conjunction with the Brennan Center for Justice, this policy lab assesses alternative approaches to hate crimes in theory and practice. Students will work in collaborative teams to analyze existing research in fields including criminal law and criminology, identify innovative hate crimes programs established by nonprofit organizations or local governments, review outcomes related to restorative justice models, and prepare for an expert convening in the Winter term. The project will conclude with a final report. This policy lab is open to 4-6 students and will be graded on an H/P basis. Students may take this policy lab for either 2 - 3 credits. Some students may continue in the spring. R credit is available to law students upon approval by the instructor. 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.
Last offered: Spring 2020
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 807G:
Policy Practicum: The Santa Clara County Litigation & Policy Partnership (SCCLPP)
Policy Practicum: The Santa Clara County Litigation & Policy Partnership (SCCLPP) (807G): This policy lab partners with the Office of the County Counsel for the County of Santa Clara. Students in the lab will work with the leadership and deputies of the office on both litigation and policy matters related to urgent local challenges. SCCLPP projects may include issues from a range of fields: environmental protection, consumer protection, criminal justice, land use law, the rights of immigrant residents, public health, election law, and local finance. The SCCLPP is open only to Stanford Law Students (1L, 2L, and 3L JD and Advanced Degree students). Students will be admitted by consent, with a preference for those with past coursework or experience in state or local government law, public interest lawyering, and public service generally. The seminar portion of the course will meet six afternoons of the quarter (days TBD) from 4:15-6:15, one of which is for final presentations with SCCC attorneys and may, pandemic rules permitting, take place at the SCCC office. Elements used in grading: Attendance, Performance, Class Participation, Written 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
| Repeatable
3 times
(up to 9 units total)
LAW 807H:
Policy Practicum: Can Opening Up the Legal Services Market Increase Access to Justice?
The legal services market is in the middle of its most dramatic reexamination in decades. Several states --- among them California, Arizona, Utah, and Florida --- are considering or already implementing changes to their Rules of Professional Conduct in order to expand who can provide legal services and how. These reforms are designed to accelerate innovation in the delivery of legal services and, ultimately, increase access to justice, in part by allowing technology and people without JDs to play a greater role than they can today. As states consider these reforms, questions have come to the fore as to how potential changes may impact potential clients, existing clients, and providers of legal services. Significant questions include: Who are the nontraditional legal services providers most likely to seek to operate under the new rules? What are their delivery and business models? What kinds of consumers are they serving, and for what kinds of legal needs? What risks do they pose? With Utah and Arizona's reforms in place and new services providers entering those systems, we can start to answer these vital questions. Students will interview entrepreneurs, lawyers, and consumers to map the current and future provider landscape and will draft a report that offers guidance to the judges and policymakers who are shaping the future of access to justice. Likely clients for the lab include the Utah Supreme Court's Office of Legal Services Innovation and the Arizona Supreme Court. The lab's work will also inform the work of the State Bar of California's Closing the Justice Gap Working Group, on which two of the instructors serve as public appointed members. Students will emerge from the practicum with a richer understanding of the access to justice crisis in the United States and the range of legal, policy, and entrepreneurial interventions and opportunities that might address it. Students from a range of disciplines are welcome, including undergraduates interested in public policy. This is a one-quarter practicum. There may be a related practicum offered during spring quarter, but students do not need to commit to two quarters. Law students wishing to take the class for R credit will perform additional research or take on additional tasks. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section (01) into section (02), which meets the R requirement. Students who take the course for R credit may have the opportunity to attend a conference at Arizona State in February that focuses on these and other access-to-justice issues. Elements used in grading: Attendance, Performance, Written Assignments. 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.
Last offered: Spring 2022
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 807I:
Policy Practicum: Tools for Reentry: Practices, Apps, and Services
Client: Various government agencies and nonprofit groups. Formerly incarcerated individuals face a range of personal and institutional challenges in their reentry into broader society. Considerable research and many programs have focused on systems reform and support and social programs to increase the likelihood of successful reentry. But technological tools also have the potential to help lower friction and increase the success of reentry. This policy lab will engage with challenging legal, social, government systems, and technological questions, with opportunities to design and/or implement new tools to aid in the reentry process. We will work with a variety of stakeholders including government organizations and programs, non-profit entities, and legal innovators to prototype and evaluate new technological solutions to facilitate the reentry process and reduce recidivism. This practicum will build a collaborative team of diverse backgrounds and skill sets to learn from each other and enhance the overall capacity of the research and tool development. We encourage students who are interested in criminal justice, technology for social impact, access to justice, and entrepreneurship and innovation for social good to join us, including upper-division and graduate students from Law, Computer Science, Electrical Engineering, Mechanical Engineering, MS&E, Public Policy, and the social sciences. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final PROJECT. 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.
Last offered: Winter 2020
| Units: 2-3
LAW 807J:
Policy Practicum: California Penal Code Revision Committee Project
This policy lab assists the newly formed California Committee for the Revision of the Penal Code in developing strategies for criminal justice reform in California. The Committee is directed by the Governor and state legislature with studying and making recommendations to simplify and rationalize the substance and procedure of criminal law in California. In 2020, the Committee will likely address five areas of the state's criminal justice system, and students will be responsible for helping set reform priorities within those subject areas, researching existing policy strengths and weaknesses, comparing California law with other jurisdictions, consulting with subject-matter experts, and suggesting and analyzing reform proposals. Students will work directly with Committee members and staff and attend Committee hearings in Sacramento and across the state. Elements used in grading: Attendance, Performance, Class Participation, Written 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.
Last offered: Winter 2020
| Units: 2-3
LAW 807K:
Policy Practicum: The Outlaw Ocean 3.0
Illegal fishing has long plagued the world's oceans, undermining economic development, national security, food security, and human rights -- and nowhere is this more starkly evident than in the Pacific Ocean. From cans of tuna to shrimp cocktail, the legality of how this seafood is caught and processed is often uncertain. A recent World Resources Institute study estimates that half of illegal marine trading networks come from the Pacific, totaling between 3.7 and 7.2 million tons of fish stolen from fishermen and coastal nations. Of further critical concern is the role of forced labor within the industry. This policy lab confronts the global environmental, human rights and privacy challenges associated with the existing framework of international laws and policies. The research delves into international laws that apply to the high seas, illegal fishing and forced labor and slavery to locate leverage points and explore innovative solutions, including how new technologies might be developed and deployed. The research contributes to the agendas of two organizations that are leaders in addressing Illegal, Unreported, and Unregulated (IUU) fishing in supply chains (FishWise), and idenfifying leverage points to reduce forced labor and slavery in fishing activities (Rights Lab, University of Nottingham). Effective solutions to these problems required broad collaborations among nations, international seafood companies, nonprofit organizations, and universities. Students will have the opportunity to explore one of the following two topics. The Supply Chain Risk Tool (SCRT), co-led by FishWise, encompasses the development of a tool to enable companies to identify and address risk of IUU fishing activities in supply chains. The role of the students will be to design a user research plan, which could help to identify users, needs, and processes that the SCRT could support. A Port Resilience Framework to Address Forced Labor, co-led by colleagues from the Rights Lab at University of Nottingham, will be an effort to apply a resilience framework to address modern forms of slavery in port communities. Students will be able to apply resilience concepts to ports by identifying key systemic issues, legislative assets and problems, local institutions, and policies or practices. The Stanford Center for Ocean Solutions serves as the liaison to both policy clients stated above and will also connect students with partners such as large seafood companies, and human rights and environmental NGOs. Students will produce policy briefs that will contribute to a third installment in a comprehensive public report issued by the Stanford Center for Ocean Solutions. The practicum seeks law students as well as graduate and well-qualified undergraduate students in such programs as earth systems, computer science, public policy, business, sociology, and marine biology. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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 home
Last offered: Autumn 2021
| Units: 2-3
LAW 807L:
Policy Practicum: The Opioid Epidemic: Developing New Law and Policy Tools
Same as PSYC 107. Client: Broken No More, http://broken-no-more.org/about-us/. More Americans die every year of overdose than died in the entire course of the 1955-75 Vietnam conflict. Overdose has helped reduce aggregate US life expectancy for three years in a row¿something that has not happened in 100 years, including at the height of the AIDS epidemic in the '80s and '90s. Measured by loss-of-life, opiate-related overdose is the most acute national health crisis of our lifetimes. Student researchers will work closely with the client, Broken No More, a national organization of parents and families who have lost family members to opioid use. The organization supports grieving members and also pushes forward evidence-based, public health interventions to the opioid epidemic. This practicum explores legal approaches to a more comprehensive and thoughtful understanding to the Opioid Epidemic. The research team will evaluate whether various stakeholders have fulfilled their legal and regulatory obligations to respond to the epidemic, including whether hospitals and insurers fulfill their implied "duty of care." The questions addressed in this practicum could have life-saving impact on people currently suffering from opioid use disorder. The course seeks to build a diverse research team with students from law, public policy, medicine, public health, and sociology. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2020
| Units: 2
LAW 807M:
Policy Practicum: Designing a Curriculum in Social Problem Solving & Policy for SLS and GSB Students
Stanford Law and GSB graduates will play important roles solving many of our greatest societal problems¿in areas such as education, health, energy, and domestic and global poverty¿that call for action by governments and nonprofit, business, and hybrid organizations. Faculty at the two schools are currently working to enhance courses and programs that prepare students for careers addressing such challenges. This policy lab practicum will complement and support their efforts. We will learn about the careers that graduates of the two Schools have had in social problem-solving, policymaking, and policy advocacy; what skills their work demands; and how they acquired those skills. We will examine the curricula of policy schools, law schools, and business schools to learn how they prepare students for these roles. We will also ascertain student interest in particular courses and programs at Stanford and other institutions, including what attracts or deters students from pursuing joint degrees in policy. Insights from this practicum will help the two Schools design changes to their programs. GSB as well as SLS students are encouraged to enroll. Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2020
| Units: 2
LAW 807N:
Policy Practicum: Researching Diversity and Inclusivity in Classroom Dynamics
This project will research and build an open-source resource library about diversity and classroom dynamics. The goal is to produce a well-curated collection linking to articles, books, and other reliable and authoritative materials to support faculty facilitation of dynamic and productive class discussions about issues of race, ethnicity, gender, sexual orientation, socioeconomic status, religion, exceptionalities, and more. Students will deeply engage with a broad range of literature in order to select the best resources for this unique collection. Students will also explore available trainings and workshops, including online programs, and create a resource list. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2020
| Units: 2
LAW 807O:
Policy Practicum: Assessing the Impact of China's Global Infrastructure Spending on Climate Change
Client: Steyer-Taylor Center for Energy Policy and Finance. China is investing in massive foreign-infrastructure construction, notably in emerging economies. Whether that infrastructure is high-carbon or low-carbon will largely determine the future of climate change. Many universities and institutions are studying the carbon impacts of China's foreign-infrastructure investment. That research tends to compare China's aggregate fossil-fuel-versus-renewable investments, assessing whether those investments meet a clean-energy ideal. New research at Stanford's Steyer-Taylor Center for Energy Policy and Finance is undertaking this analysis differently. It seeks to map the players and financial flows of global infrastructure investment in a way that compares the carbon intensity of Chinese-financed infrastructure projects in important emerging economies with the carbon intensity of energy infrastructure in those countries that has been financed by multilateral, bilateral, and other non-Chinese entities. This method is designed to reflect the way global infrastructure funding works, politically and economically, in actual practice -- and thus to elucidate particularly realistic ways to meaningfully decarbonize Chinese infrastructure financing. In this policy lab, which is the second phase of the spring 2020 lab, students will advance research toward two sorts of deliverables: a data-analysis and data-visualization tool to map players, financing structures, and carbon emissions from Chinese-financed infrastructure projects in key host countries; and a written account of how Chinese-financed infrastructure is playing out in those countries. The research will involve close interaction with key officials at key infrastructure-financing institutions in China and around the world. Graduate students from across Stanford are invited to apply. Data-analysis skills, energy-finance understanding, and proficiency in Mandarin are useful skills for this work, but they are not required. The lab seeks graduate students from the disciplines of law, business, engineering and environmental science, and East Asian Studies. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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. Cross-listed with International Policy (INTLPOL 371).
Last offered: Autumn 2020
| Units: 2-3
LAW 807P:
Policy Practicum: New Regulatory and Policy Frameworks for Government Remote Work in Times of Crisis
Background: With the sudden onslaught of the pandemic COVID 19 creating emergency requirements regarding professional and social distancing, government agencies in California have had to implement "telework" or remote work policies quickly, with limited guidance and limited awareness of best practices. Government agencies are complex institutions, performing diverse and vital functions and employing a wide variety of types of employees, some of whom are represented by labor bargaining units. They handle and manage information subject to privacy protections, and many of the communications engaged in between employees and with members of the public are also subject to public disclosure requirements. Public agencies also face financial, technological, and personnel resource limitations. California state agencies need to be able to anticipate work and access issues due to its experiences with natural and manmade disasters, frequently in the form of earthquakes and fires. The disruptions created by this pandemic, because of its impacts on the workforce and economy, are extreme but highlight the need for broad reconsideration of work functions, locations, and worker support. The Project: Working with one state agency, the California State Controller's Office (SCO), students will research and evaluate best practices for remote work by government employees and develop recommendations to ensure the critical government functions continue during a variety of disasters and emergencies. Students will also try to learn what remote work policies could be effectively implemented over the long term. After gaining an understanding of the key functions of the State Controller's Office, students will research and provide answers to several critical questions, which may include: What are legally required timelines for performance of key tasks and functions and how do these requirements implicate remote work? What are the best practices related to chain of command, communications, and redundancy protocols to ensure ongoing operations? How can remote work policies ensure that decision-making remains efficient and effective? What are the priority factors to analyze when determining which staff positions should be designated "essential" or "non-essential"? In the current coronavirus environment, how does this analysis implicate who can or should be physically onsite? What are the processes that are required to be in place should an employee whose work is designated essential have a person who is at risk at home? What are the implications for public employees related to FLSA, OSHA, and Workers' Compensation Insurance compliance? How have business, other government agencies, and nonprofits resolved these issues and what are their best practices? How can those practices be implemented within the SCO? What are the technology requirements that can effectuate remote work? What types of encryption are necessary to protect private and sensitive data? If workers are using their privately-owned technology (e.g., cellular phones, computers), what are the possible exposures due to public records act reporting requirements and in a litigation setting? What are the equity implications of operationalizing remote work policies? What are the demographics of the positions with functions that can and cannot most likely take advantage of remote work? What are implications for the worker experience of remote work in different demographic groups? What are the impacts of differential levels of access to adequate technology at home? What is a cost-benefit analysis of shifting to more remote work? Are there cost-savings through potential reduction of work force or physical space? If so, what are the equity implications? What are the environmental benefits of shifting to remote work? Student Skills and Interests: All students are welcome regardless of experience as long as you are interested in this topic. However, if you have any experience working with government agencies, in disaster or emergency prepared or response, or in applying an equity analysis to policies and programs, please note that in your consent form. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2020
| Units: 2-3
LAW 807R:
Policy Practicum: Human Rights & International Justice
Atrocities continue to ravage our planet¿in Syria, Iraq, Myanmar/Burma, North Korea, Xinjiang China, and Yemen, to name a few. And yet, the international community is increasingly divided when it comes to advancing the project of international justice. Whereas earlier armed conflicts have inspired the establishment of international or hybrid tribunals (such as the International Criminal Tribunals for the Former Yugoslavia and the Special Court for Sierra Leone) or were referred to the International Criminal Court (such as the situations in Sudan and Libya), today¿s conflicts have been met with a pervasive tribunal fatigue and geopolitical impasses. The U.N. Security Council in particular has been hamstrung by the propensity of Russia, sometimes with China in tow, to veto (or threaten to veto) robust accountability proposals that have been put forward. As a result, advocates have looked to other organs and institutions within and without the United Nations to respond to the commission of international crimes. The General Assembly, the Human Rights Council, and even the Organization for the Prohibition of Chemical Weapons have thus all become engines of accountability, in part because they are not subject to the veto. In addition, civil society actors (such as the Commission on International Justice & Accountability and the Afghanistan Human Rights and Democracy Organization) have stepped up to undertake investigative functions that would ordinarily be performed by sovereign states or international prosecutors. This lab will support several of these institutions and organizations in their efforts to move justice processes forward. A number of civil society and non-governmental organizations are conducting thorough criminal investigations and forming detailed dossiers on potential perpetrators in an effort to jumpstart national proceedings, including those proceeding under extraordinary bases of jurisdiction, and to lay the groundwork for international prosecutions when¿and if¿an opening appears. Such organizations are also working to support multilateral and unilateral sanctions regimes, such as the United States¿ Global Magnitsky Act. New digital technologies and techniques¿such as big data analytics, artificial intelligence, digital forensics, and blockchain¿are enabling and supporting more searching open source investigations into these atrocities situations. With this lab, students will conduct both factual and legal research on behalf of partner organizations and participate in advocacy efforts to build a more robust international justice architecture. They will also contribute to efforts at other academic institutions to connect students to this work. Students enrolled in Section 01 may receive EL credit and students enrolled in Section 02 may receive PW credit. Elements used in grading: Attendance, Performance, Class Participation, Written 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.
Last offered: Winter 2021
| Units: 2-3
| Repeatable
2 times
(up to 12 units total)
LAW 807T:
Policy Practicum: Creating a National Census of Women Imprisoned for Murdering their Abusers
Client: Rachel Louise Snyder, author of "No Visible Bruises" (https://www.globalgrit.com/). The Stanford Criminal Justice Center at Stanford Law School is partnering with the award-winning journalist Rachel Louise Snyder on "The Regilla Project: Creating a National Census on Women Imprisoned for Killing their Abusers." The research studies the frequency with which women are imprisoned for killing their abusers. Spring 2022 research entails the following protocols: 1. Surveying women who are currently serving sentences at CCWF prison (in Chowchilla, CA) where relevant intimate partner violence was involved. 2. Analyzing and aggregating responses from returned surveys. 3. Researching how the cases of women currently incarcerated for murder and manslaughter were written about in the press, and whether intimate partner violence was included as a circumstance. 4. Undertaking qualitative research of formerly incarcerated survivors to document their reentry pathways, including challenges and successes. Collecting and making this data available will shed important light on the nature of the female correctional population, the largest growing segment of the U.S. prison population, and might guide policy discussions on charging, sentencing, prison programming, parole and reentry policies and decisions. The results may also inform laws regarding self-defense and other affirmative defenses, and strategies for addressing domestic violence. 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, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2022
| Units: 3
LAW 807V:
Policy Practicum: Election Protection in the Time of COVID
Client: Stanford-MIT Healthy Elections Project (healthyelections.org). The administrative challenges local officials are confronting in the 2020 election are unprecedented in U.S. history. As the primary elections reveal, the COVID-19 pandemic threatens our democracy as much as it threatens public health. Jurisdictions around the country are scrambling to deal with massive shifts to mail balloting, polling place closures, and loss of poll workers. Students in this policy lab will investigate the measures state and local officials are taking to protect their elections from the effect of the pandemic. Students will research, write and/or update policy memos on election preparedness in battleground states, work with our partners to recruit poll workers to reduce the risk of polling place closures due to poll worker shortages, prepare materials for voter outreach and education, and help ensure polling place safety. After the election, students will assess the success of various aspects of the administration of the election, and, in the winter term, produce a detailed post-mortem group report. All students will produce team-based policy memos and internal presentations to be integrated into the final report. This policy lab will continue over two quarters with a small subset of students from the fall term selected to join the winter research team. The winter quarter will focus on finalizing the research and work product initiated in the fall term. Students from all disciplines are welcome to apply (including undergraduates). However, preference will be given to current team members of the Stanford-MIT Healthy Elections Project and those with experience in election law and policy. We especially welcome applications from students in the law, public policy, political science, and design disciplines, and from those with strong writing and editing skills. Students taking the course for R credit can take the course for either 2 or 3 units (Section 02), depending on paper length. The Fall term class meets remotely each week on Wednesdays, 4:15-6:15 p.m. Winter term TBD. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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. We are accepting applications on a rolling basis through 9/14, but recommend that students apply early.
Last offered: Winter 2021
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 807X:
Policy Practicum: Selective De-Policing: Operationalizing Concrete Reforms
The Stanford Criminal Justice Center and Stanford Center for Racial Justice at Stanford Law School are co-sponsoring this project to assess concrete ways to shift particular responsibilities from police departments to other agencies and organizations. We will explore whether there are policy possibilities lying at the intersection of the community policing movement - which advocated shifting police departments away from "chasing 911 calls" - and current calls to "defund" the police by shifting to other other agencies functions now performed by armed, uniformed officers. In particular, we will consider proposals to shift mental health response, school discipline, traffic enforcement, and homeless services away from armed, uniformed officers. What kinds of agencies should shoulder these responsibilities? How should the transfer be accomplished? We will also ask how these policy changes relate to, complement, or compete with other possible approaches to police reform and the transformation of public safety. Should such changes be part of an overall effort to shrink the footprint of police departments, to change the nature of what police departments do, or both? How, if at all, should changes in police budgets be used to drive reform? Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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. This course will meet on Tuesdays from 2:00-4:00 pm.
Last offered: Autumn 2020
| Units: 2-3
LAW 807Y:
Policy Practicum: Diversity, Equity and Inclusion Research Clearinghouse
Client: Stanford Law School. Deliverables: Resources for national DEI database for law schools, final summary report. Law schools, other professional schools, and institutions of higher education all around the country have been reevaluating their structure, mission, curricula, pedagogy, hiring and admissions practices, climate, and other elements of academic life with the goal of ascertaining how best to promote a more just, fair, inclusive, and diverse environment for learning. Students, staff, administrators, and faculty have created listservs and other informal platforms to share ideas and resources, but to date there has been no single research-based platform that gathers cutting edge and canonical work on the wide range of potentially relevant topics to guide and provide structure to the design of reforms or support advocacy on DE&I issues. Stanford Law School and the Robert Crown Library have launched a beta version of the first national clearinghouse to index research of this kind. This policy lab provides interested students an opportunity to expand the index, help develop and implement standards for curation, incorporate feedback from users, engage in policy discussions about iterative design, and develop frameworks for assessment of the project. The primary work plan involves deepening the available research on a number of topics including: 1L and advanced doctrinal pedagogy, critical race theory, other critical approaches to law, cultural competence and cultural humility in training for law and other service professions, professional judgment, assessments of DE&I training in the private and public sector, published templates for university DE&I reforms, principles of academic freedom, global innovations in DE&I theory, as well as interdisciplinary research on anti-racism, implicit bias and other forms of cognitive bias, viewpoint discrimination, micro-aggression, trauma, and stereotype threat. Students will work with Prof. Norman W. Spaulding and reference librarians at the law school. There may also be opportunity to work with students, staff, administrators, and faculty at other law schools and other university departments. Elements used in grading: Attendance, Performance, Class Participation, Written 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.
Last offered: Spring 2021
| Units: 2
LAW 808B:
Policy Practicum: Systems Thinking for Law and Public Policy
Virtually every public policy has causes and consequences beyond those that are intended or immediately visible. This is true of criminal law policies that use algorithmic predictions of flight before trial; environmental policies involving greenhouse gas emissions and conventional pollutants; and social and health policies that address homelessness, institutional racism, and the distribution of Covid vaccines, to name just a few examples. The causes of the problems that these policies seek to address are complex. As a result, these policies often fail and sometimes have unintended adverse consequences. "Systems thinking" is a framework that describes the web of associations in which such policies reside, with the goals of understanding the multiple causes of problems and designing policies that lead to stable, positive changes. Understanding systems thinking and systems change is a core skill for policy makers. This course continues the work of a similar Policy Lab in spring 2021 in helping create an online course for use by future students that illustrates the main concepts of systems thinking (including stocks and flows, balancing and reinforcing loops, and systems archetypes) and systems change using real-world case studies. After several introductory classes devoted to learning these concepts and learning how to use the web-based systems mapping tool, Kumu, students will work on systems design projects for eventual inclusion in the online course. Grading is on the Mandatory P/R/F scale and takes into consideration attendance, participation, and collaboration; quality of the case studies and presentations. Although there is no bright line between two and three units, the number of units should reflect the amount of time you devote to the course. Relevant variables are: 1. The complexity of a case study and its attendant system diagrams, including how much research needs to go into developing it; 2. Whether, in addition to a case study, you develop a module dealing with a systems archetype. If you work with a partner, it's probably best if the two of you are taking the course for the same number of credits you are so that work is divided equitably. There are no prerequisites for enrollment in the Policy Lab, and students in any academic program with knowledge or strong interests in legal, environmental, social, and health policies are welcome. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, and Final Paper. 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.
Last offered: Winter 2022
| Units: 2-3
LAW 808C:
Policy Practicum: Examining Mandatory Arbitration and NDAs for Gender Discrimination Claims
Client: Lift Our Voices, https://www.liftourvoices.org/. In recent years, a large fraction of U.S. employers--including many leading law firms -- have required their employees to sign contracts containing mandatory arbitration clauses and "non-disclosure agreements" (NDAs). Available research suggests that more than 60 million American workers are bound by these arbitration clauses, which require employees who have any type of legal claim arising out of their work or workplace to waive their right to trial and resolve their claims, on an individual basis, in private arbitration. Traditionally, arbitration takes place behind closed doors, and the details of the employee's claim (and employer's response), any evidence presented to the arbitrators, the proceedings themselves and the ultimate outcome are confidential. Moreover, employees who are offered monetary settlements to resolve their arbitration claims -- or lawsuits, for those who were not compelled to arbitrate under a contractual provision -- are typically required to sign NDAs as a condition of receiving compensation. As a result of arbitration and NDAs, information about wrong-doing in the workplace -- even egregious wrong-doing -- never becomes public, arguably diminishing the ability of the legal system to deter harmful behavior. Moreover, with claims resolved individually, in private, and settlements protected by NDAs, it is impossible to detect a pattern of wrongful behavior and to hold wrongdoers to account in the public square. These consequences seem particularly problematic in claims arising from gender discrimination, particularly sexual harassment. Secrecy also prevents us from discovering whether women of color or low-income women of all colors are particularly disadvantaged by mandatory arbitration and NDAs. The expanding use of mandatory arbitration and NDAs in employment claims has evoked considerable controversy and legislation has been introduced at both the national and state level to prohibit the inclusion of these clauses in employment contracts. However, the legislation has yet to move forward on the national level and whether state statutes will withstand challenge is currently unclear. Moreover, there is little systematic evidence of the consequences of mandatory arbitration and NDAs, leaving both supporters and opponents to rely on anecdotes. There is little hard information on the numbers of employees covered by arbitration contracts or how this varies by industry sector and employee gender, race, ethnicity or socio-economic characteristics. Importantly we do not know how the existence of these contracts affects men and women's willingness to bring their claims to their employers' attention or how claiming varies by race, ethnicity or employee status. Nor do we know how pursuing claims for gender discrimination, including sexual harassment, affects claimants' future career trajectories. The Client for this policy lab, Lift Our Voices, was co-founded by women's rights advocates and broadcast journalists Gretchen Carlson and Julie Roginsky. Ms. Carlson's sexual harassment suit against powerful former Fox News chairman and CEO Roger Ailes helped pave the way for the #metoo movement. Roginsky left Fox after settling a lawsuit for sexual harassment and discrimination against Fox News, its former co-president Bill Shine and Ailes. To learn more about Lift Our Voices, go to https://www.liftourvoices.org/ The goal of this practicum is to produce objective empirical evidence -- both quantitative and qualitative -- that can be used in Life Our Voices and others' advocacy activities regarding mandatory arbitration and NDAs, including advocacy -- if the data support this -- that argues in favor of restricting or precluding mandatory arbitration and NDAs in some or all circumstances. In Spring 2021 students in this practicum met with Gretchen Carlson and Julie Roginsky to identify the questions for which empirical evidence would be most useful for policy reform advocacy. Based on these discussions and their review of relevant commentary, the students decided to break up into two teams, each of which would design a research project. Project 1 will interview plaintiff and defense lawyers to develop a better understanding of the incentives for victims of sexual harassment and sexual assault to sign non-disclosure agreements. Project 2 will interview corporate legal counsel in corporations (and potentially law firms) that have abandoned mandatory pre-dispute arbitration contract clauses to develop a better understanding of why these companies and firms abandoned arbitration and what have been the outcomes for the organizations to date. At the end of the spring quarter, each team prepared a memorandum outlining the issues that their team focused on and reviewing the relevant case law and recent statutory reforms. In addition, each team prepared a data collection protocol including draft questionnaires and lists of potential interviewees. The data collection protocols were informed by informal discussions with SLS faculty who are knowledgeable about these issues as well as a few outside advisers. The goals of the fall quarter are to implement these research designs, collect and analyze data and prepare white papers to share with the clients. Early in the quarter, students will meet with Mss. Carlson and Roginski to discuss policy developments since the spring and may revise the spring quarter students' research designs in response. The Canvas page for the fall practicum includes the memoranda and other materials the students produced in the spring quarter. Students interested in registering for the fall practicum should review these materials, keeping in mind that they are free to elaborate on them if they wish and if new policy developments suggest this would is appropriate. If a sufficient number of students register for the practicum one or more related projects may be added to our agenda. Elements used in grading: Attendance, Performance, Class Participation, Written 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.
Last offered: Autumn 2021
| Units: 2-3
LAW 808D:
Policy Practicum: Smoke: Wildfire Science and Policy Lab
Clients: California Native American Tribes, prescribed burn associations, federal legislative and executive branch decision makers. Wildfire has emerged as one of the most pressing biodiversity, air pollution and public health threats in the Western United States. Advancing land stewardship at sufficient scale to substantially improve the resilience of western forests to fire is critical to reducing wildfire risks and air pollution exposure for the tens of millions that live downwind. Communities are under threat as never before from catastrophic wildfire. Electric utilities face enormous challenges even as they strive to decarbonize their systems. In short, solving for wildfire resilience is an enormous technical and regulatory challenge. In this course, students will learn the basics of the wildfire policy debate in the west with a focus on California. Lectures will focus on both scientific and legal aspects of the challenge. In addition, students will work in groups on legal and regulatory analysis aimed at supporting better decision making on wildfire at the state and federal level. Students will work in partnership with postdocs and legal fellows on their group projects and may have the opportunity to present the results of their work to both clients and policymakers. The course is intended for students interested in multi-disciplinary approaches to public policy problems. No background in either the Clean Air Act, federal land management or wildfire policy is required. Students will engage in weekly lectures and discussions of wildfire science and policy, including student presentations and guest lectures by scientists, practitioners and policymakers. Students will also meet each week with Professors Sivas and Wara, and other members of the teaching team, in working sessions to discuss progress on team projects. Students may present the results of their research to California legislative and executive branch staff engaged in developing new approaches to wildfire policy. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. Students enrolled in Section 02 (with instructor consent) will be required to meet the Law School's R paper requirements. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form. In answering the application questions, "what skills do you bring to this class" and "what skills do you want to develop," students should also answer the following questions: What is your program of study at Stanford? What experiences and interests do you have relating to smoke or wildfire (including those that might relate to public health, community resilience, insurance, and tribal approaches to wildfire management)? Have you taken other wildfire related coursework? What interests you about policy in this field? What topics relating to smoke and wildfire would you like to learn (more) about? What type of work would you like to be involved in (e.g., drafting white papers/policy briefs, technical or scientific reports, etc.)? Do you have any specific technical skills (Machine learning based methods, GIS, legal research) that may be applicable to project based work? The Consent Application Form can be found at: SLS Registrar https://registrar.law.stanford.edu/. See Consent Application Form for additional instructions and submission deadline. We will be accepting applicants past the registrar's deadline. All interested applicants can register on the course offerings webpage or e-mail the course instructors if the deadline has passed. This course is cross-listed with the Doerr School of Sustainability (SUSTAIN 329).
Terms: Aut
| Units: 3
| Repeatable
3 times
(up to 9 units total)
LAW 808H:
Policy Practicum: Stanford Conflict Resolution Lab
Client: Stanford University Office of the Provost, https://provost.stanford.edu. From the increasingly tense dynamics of the classroom and workplace to those of social media, our values and relationships are constantly being challenged. The array of conflict resolution policies, practices, and systems on Stanford's campus support our community in reestablishing guiding principles and addressing instances of harm and intolerance. Such processes are an act of community caretaking as we build healthier environments for our students, staff, and faculty. While these processes are critical to the wellbeing of Stanford, the structure and decentralization of the University often makes it difficult for conflict resolution practitioners to effectively communicate across campus, guide community members to the appropriate process, identify where services are being replicated or missing, compare data, and share best practices. On the other hand, this type of decentralization and subsequent independence provides practitioners an opportunity to creatively design meaningful processes for those they serve. This policy lab seeks to evaluate the benefits and possibilities of increased partnership between Stanford's conflict resolution practitioners/processes. It takes into consideration the multiple policies, practices, and systems across Stanford's campus and explores the study and application of dispute system design, mediation, and community-based restorative justice and peacemaking. Over the course of the quarter, students will analyze related policy and theory as well as conduct interviews, focus groups, and surveys of relevant parties at Stanford and peer institutions. Students will be challenged to think critically about innovative pathways for conflict resolution in a complex environment with multiple groups of stakeholders whose day-to-day lives, education, and careers are influenced by these conflict resolution processes. Specifically, students will be separated into teams and asked to generate reports which answer the following questions: 1. Would greater unification across Stanford's conflict resolution policies, practices, and systems be useful in building more consistent and effective processes? How do these benefits weigh against those derived from our current, independent conflict resolution processes? 2. Should data on conflict resolution at Stanford be collected in a more uniform way across the university? If so, what information must be collected and how should relevant parties then share this data across campus? 3. How do the structure and data collection mechanisms of Stanford's conflict resolution processes compare to peer institutions? What lessons can we learn from these peer institutions and what would be useful to implement at Stanford? Stanford's Office of the Provost serves as the client for this policy lab. Students will frequently engage with conflict resolution practitioners across the University and at peer institutions to develop their final reports. These recommendations will be presented by students to the client at the end of the quarter and then considered by the Office of the Provost for future implementation at the University. This policy lab seeks law students and graduate and well-qualified undergraduate students in programs such as sociology, CSRE, political science, psychology, philosophy, and others. The lab seeks graduate students from the law, education, and business schools, and from Sociology and other fields that emphasize peace studies and/or conflict resolution. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement Students enrolled in Section 01 will be graded H/P/R/F in Autumn Quater and MP/R/F in Spring Quarter. Students approved to take the course for R-credit will be graded H/P/R/F. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2022
| Units: 2-3
LAW 808I:
Policy Practicum: Draw Congress: Stanford Redistricting Project
Client: DrawCongress.org. The 2021-22 redistricting cycle will determine for the subsequent decade whether congressional and legislative elections will be free and fair or whether they will be inherently biased in favor of one party. With remaining ambiguity over federal partisan gerrymandering claims removed with the Supreme Court's decision in Rucho v. Common Cause (2019), parties in control of the redistricting process will seek now, as previously, to use their power to craft district lines to their advantage. Lawyers will continue to litigate claims based on race discrimination, malapportionment, and state constitutional grounds, and courts may be placed in the position of drawing districts themselves when parties cannot agree on a plan. However, we know from previous cycles that the most important time to affect the redistricting process is in the frenzied year when lines are being drawn. Groups dedicated to redistricting in the public interest must be mobilized now to ensure that congressional and legislative boundaries reflect concerns other than those held by the incumbents drawing the lines. The Stanford Public Interest Redistricting Project (or DrawCongress.Org) will perform a unique role in the 2021-2022 redistricting process. It will both influence the redistricting process in various states and serve as a benchmark against which incumbent-drawn plans can be judged by courts, the media, and the public at large. By creating and displaying a series of nonpartisan, legally defensible plans for all 435 U.S. House districts, the project will illustrate how communities can be represented and, unlike with incumbent-drawn plans, will justify decisions made among the various tradeoffs that inevitably confront line drawers. As with the 2011-2012 redistricting cycle when this project was housed at Columbia Law School, DrawCongress.Org will serve an educational and advocacy mission. This policy lab trains law students as the next generation of redistricting experts who will then draw a series of plans to be placed on a website. Each plan will be accompanied by a report, modeled on Professor Persily's reports when he serves as a Special Master for redistricting disputes, which will explain the considerations in drawing the particular plan, justify the decisions that are made, and explain why the plan complies with applicable law. Accompanying each plan will be a block equivalency file, which will allow courts, legislators, journalists, or any other interested party to recreate the plan should they wish to deploy it in "the real world." In addition, for the first time, the website will also welcome submissions from outside of Stanford if they comply with the requirements for each plan that is included. The experience with this project ten years ago demonstrated how much attention a well-planned, nonpartisan outside redistricting effort can attract. Plans drawn as part of this project were submitted to legislatures, mentioned by courts, and depicted in numerous publications. (See Adam Liptak's 2011 profile on the project at https://tinyurl.com/y8yon5u5) In drawing a nonpartisan map for all of Congress, this new effort will command attention from decision makers engaged in the 2021 redistricting process. Attendance, Performance, Class Participation, Written Assignments, 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.
Last offered: Spring 2022
| Units: 2-3
| Repeatable
3 times
(up to 9 units total)
LAW 808J:
Policy Practicum: Unlocking Technology to Promote Access to Justice
The U.S. legal system is in the grips of an access to justice (A2J) crisis. In roughly three-quarters of filed civil cases, one side lacks a lawyer and so must navigate the legal system alone, as a self-represented litigant. Unnecessary complexity and lack of access to tools that aid efficiency also reduce the effectiveness and availability of legal aid lawyers. The resulting access crisis is most pronounced in eviction cases, consumer debt cases, and family law and domestic violence cases, where self-represented litigants often square off against opponents with lawyers, from landlords to credit card and debt collection companies to better-resourced spouses and partners. The COVID-19 pandemic has both drawn attention to this calamity in our legal system and generated real momentum among major institutions and stakeholders in thinking about how to solve it. This policy lab will continue the work performed during the fall version of the practicum in designing and launching an ambitious, multi-jurisdictional effort to help self-represented litigants through technology. The project seeks to simplify and standardize electronic filing systems by creating scalable technology tools in areas such as evictions, collections, and domestic violence. Students in the fall practicum interviewed state supreme court justices, court technology specialists, and key A2J voices in numerous jurisdictions to understand the A2J landscape in each. The winter quarter lab will deepen these relationships and move forward with the design and launch of the pilot, culminating in a kick-off convening at Stanford that brings together stakeholders from each of the participating jurisdictions. As with the fall version, the practicum will be led by former Cisco General Counsel Mark Chandler, Professor David Freeman Engstrom, Co-Director of the Center on the Legal Profession, and Margaret Hagan, Director of the Stanford Legal Design Lab. Prior participation in the fall practicum is not a prerequisite. Technical expertise is welcome but not needed, and we hope to draw students from a variety of disciplines, including undergraduates. Law students wishing to undertake R credit will perform additional research or take on additional tasks analyzing the issues and results of the collective research. R credit is possible only by consent of the instructor. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://registrar.law.stanford.edu/. See Consent Application Form for instructions and submission deadline.
Last offered: Winter 2022
| Units: 2-3
LAW 808K:
Policy Practicum: Assessing the Neurological Effects of Solitary Confinement
This course combines intensive field research into the psychological and neurological effects of prolonged solitary confinement (including data collection from mental health questionnaires and structural magnetic resonance imaging scans) with doctrinal research into constitutional, statutory, and regulatory standards for solitary confinement to support client(s) involved in prison conditions litigation under 1983 (including the constraints imposed by the Prison Litigation Reform Act). Elements used in grading: Attendance, Performance, Class Participation, and Written Assignments.
Last offered: Autumn 2021
| Units: 5
LAW 808L:
Policy Practicum: Human-Centered Computable Contracts
Consumers face insurance contracts and living with their fine print throughout their daily lives. Whether it's with healthcare, housing, or their cars, there are choices to be made about what insurance contract fits a person best, and how to actually make use of it when problems arise. Technology is bringing new opportunities to how consumers will interact with contracts, and this class will explore what is possible, what consumers might need and want, and what actually works in practice. In this jointly hosted project between CodeX and the Legal Design Lab, students will work on teams to interview consumers about their experiences with contracts, to test new interactive and computable contract models with them, and to propose best practices about how technology might improve consumer's ability to understand, use, and benefit from insurance contracts. The policy lab will contribute to regulators' understanding of what the near-future of consumer contracts might be, and how to take a human-centered, data-driven approach to consumer empowerment. Students will contribute new insights to good practices and products that better protect consumers by assessing, developing, and testing the advantages and limitations of legal technology. The project is open to graduate students and qualified undergraduates in law, business, computer science, product design, and communications. Elements used in grading: Attendance, Performance, Class Participation and Written Assignments. 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.
Last offered: Winter 2022
| Units: 2-3
LAW 808M:
Policy Practicum: Afghan Humanitarian Crisis: Policy & Legal Pathways to Resettle High-Risk Afghans
Client: American University of Afghanistan (AUAF). The fall of the Afghan government to the Taliban in August 2021 has created an urgent crisis for millions of Afghans. Those at particularly high risk of Taliban attacks and reprisals include women and girls, ethnic and religious minority groups, human rights advocates, journalists, and individuals who worked with or on behalf of the United States during the 20-year war in Afghanistan. The U.S. government was able to evacuate some of these individuals and their families, but hundreds of thousands more remain in Afghanistan, and many are seeking any opportunity for safe passage out of the country. They include thousands of staff members, former students, and other affiliates of the American University of Afghanistan (AUAF), a U.S.-funded institution in Kabul that has provided educational opportunities to thousands of graduates. The U.S. government has pledged to continue to support vulnerable Afghans who want to leave the country, but the situation remains highly uncertain. Afghans are eligible for humanitarian parole, a temporary status that could allow them to come to the United States. However, few Afghans have been granted this status. Other avenues for legal immigration, such as the Special Immigrant Visa (SIV) process, have also faced substantial delays. The U.S. government will need to look for new and creative policy solutions to address the ongoing refugee crisis in Afghanistan. Students in this policy lab will advise AUAF in its efforts to pursue legal and policy options to support its students, alumni, staff, and affiliated families who are seeking to evacuate the country. Student researchers will track bottlenecks and other challenges in processing humanitarian parole, visas, asylum, and refugee applications. Research includes understanding the roles of U.S. government agencies, tracking updates to U.S. government policy regarding Afghan refugees, and proposing avenues for additional legal and policy advocacy that could help Afghans seeking to come to the United States. Students will gain experience with laws and policies related to immigration and refugees and leverage their research to improve the U.S. government's overall policy approach to the refugee crisis in Afghanistan. This experience will culminate in a policy brief and presentation for AUAF (Winter) and in a full report for U.S. policymakers (Spring) about potential policy and legal pathways to resettle Afghan refugees in the United States. This policy lab welcomes all students with a strong interest in immigrant and refugee rights. A background in law, public policy, political science, Central Asian studies, or human rights would be useful, but is not necessary. Dari, Pashto, or Farsi language capabilities are a bonus, but are also not necessary. We are also looking for students with experience in design thinking for social innovations. Students from the School of Law, Department of Political Science, Public Policy Program, Program in International Relations, Freeman Spogli Institute, Design School, Middle Eastern Language Program, are encouraged to apply. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section 01 (2 units) into section 02 (3 units), which meets the R requirement. Elements used in grading: Attendance, Performance, Class Participation and Written Assignments. 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.
Last offered: Spring 2022
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 808N:
Policy Practicum: Creating an Impact Framework for Stanford's School of Climate and Sustainability
Clients: Stanford Dean Kathryn "Kam" Moler and Vice Dean Stephan Graham, respectively transition dean and vice dean of the new School. The mission of Stanford University's new School of Climate and Sustainability is to "create a future where humans and nature thrive in concert and in perpetuity." The School intends to pursue this mission through three pathways: 1. Advancing knowledge critical to sustaining life on Earth and to ensuring the benefits of a healthy planet extend to all people. 2. Preparing students as future sustainability leaders through rigorous, engaged education and research. 3. Engaging with partners to generate and scale local, national, and global solutions to the defining challenge for humanity. This Policy Lab practicum will examine how the School can marshal its resources most effectively to advance knowledge through research, prepare students for leadership roles, and engage with partners to scale these core functions. With respect to the advancement of knowledge, we will seek to understand how research aimed at improving sustainability in several areas (e.g., climate change, agriculture) can be supported and disseminated to educate and influence decisions and behaviors of policy makers, businesses, nonprofit organizations, and citizens, while remaining impartial and balanced throughout the process. Without limiting ourselves to these areas, we will look at examples where research has and has not influenced decision making, with an eye to understanding conducive pathways and barriers. To use a recent example, suppose that a researcher wishes to influence policy makers', builders', or homeowners' decisions to install residential gas stoves because of the climate and health problems caused by their methane emissions: What are the roles of publication in peer-reviewed journals, publication in popular media, public lectures, and legislative testimony on the pathway from research to decision making? In addition to online research, we will interview faculty at Stanford and elsewhere. With respect to education, we will ask what mixture of theoretical knowledge and practical skills will best prepare graduates for positions where they will lead sustainability efforts in government, business, and the nonprofit sector. We have much to learn from Stanford's Sustainability Science and Practice (SUST) program and similar programs at other universities. At the same time as we identify pathways, or "theories of change," for achieving the new School's objectives, we will identify indicators of progress along the way. Referring to the example of methane emissions from residential stoves, if reaching an intended audience requires publicizing the findings in popular media, relevant indicators would be the size and influence of the audience being reached. Given the multitude and fluidity of variables that contribute to outcomes, we will use what's been termed "contribution analysis" rather than statistical evaluation techniques to assess the impact of particular efforts. Based on our proposed frameworks for the School's research and teaching, we will ask how engagement with external partners can contribute to its mission. The Policy Lab's deliverable with respect to research will be a generalized framework that will enable researchers to chart a path from developing and testing hypotheses to disseminating their findings and influencing decision makers to act on them. The framework will also enable researchers to assess their progress along the path. The deliverable with respect to teaching will be the identification of analogies in the preparation and certification of professionals in medicine, law, and other fields, with the aim of assisting the new School in improving its preparation of students as sustainability leaders. The course is limited to 12 students from across the University. While there are no prerequisites, we hope to include students with backgrounds in sustainability and social metrics. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. 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.
Last offered: Spring 2022
| Units: 3
LAW 808O:
Policy Practicum: San Francisco Human Rights Commission Reparations Project
Client: San Francisco Human Rights Commission Reparations Committee (SFHRCRC), https://sf-hrc.org/. The HRCRC has been tasked by the San Francisco Board of Supervisors to propose policies to repair enduring historical harms to San Francisco's Black community. HRCRC invited the Stanford Law Gould Center for Conflict Resolution to develop a Policy Lab practicum to assist with a Report on the History of Black Disenfranchisement in San Francisco (Report). The Report drafted by the Spring 2022 Policy Lab studied the key housing policies and laws that resulted in relevant racial disparities in housing, education, health, and intergenerational wealth. The Lab will continue in the Autumn 2022 term to complete the Report and expand the scope of research through design of a Community-Led Oral History to Capture Perspectives from Past to Present. The oral history will capture the lived experiences of San Francisco's Black community. This goes beyond what may already be in the historical literature and extends to oral narratives from those who lived through important chapters in San Francisco's history. Their perspective is especially important in connecting the past with the recent present harms and providing a roadmap to achieving the HRCRC's goal of systemic change (not just policy change). The project invites applications (both graduate and undergraduate) from the Law School, the Stanford Center for Racial Justice, CCSRE, Sociology, Human Rights, the Documentary Program in the Department of Art, the dSchool, and SPARQ. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section 01 (MP/R/F) into section 02 (H/P/R/F), which meets the R requirement. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. 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..
Last offered: Autumn 2022
| Units: 2-4
| Repeatable
2 times
(up to 6 units total)
LAW 808P:
Policy Practicum: Suing to Stop Climate Change: Case Studies in International Climate Litigation
Client or Policy Partner: Rand Corporation. Over the past 10 years, climate change litigation has exploded globally. While there is some disagreement about what litigation should be understood as arising from or directed at "climate change," the category encompasses large numbers of lawsuits challenging permitting of new fossil fuel projects, claims by indigenous communities and others about contemporary effects of climate change on their health and livelihoods, and claims on behalf of children about the future effects of climate change on their lives. Increasingly, plaintiffs claim government failures to address climate change constitute violations of international human rights. About three-quarters of identified cases have been brought in the United States, but a growing fraction have been litigated in other jurisdictions, including the global south. Claims have been brought against both governments and private corporations, seeking injunctive relief and damages. Although much of this litigation is ongoing and plaintiffs have failed to prevail in many, there have also been high profile successes in which courts held governments or corporations liable and ordered them to adopt policies to achieve greater reductions in global warming. The RAND Institute for Civil Justice and the Feinberg Center for Catastrophic Risk at RAND are considering developing a new research agenda focusing on climate change litigation. To assist in their planning, this Practicum proposes to conduct a series of case studies of recent climate change lawsuits focusing on the procedural strategies that parties are using to achieve their goals, and with what success. Who are the plaintiffs that are bringing these suits? Are their efforts coordinated internationally? Who are the lawyers representing the claimants? Who is funding the litigation? What jurisdictions and tribunals, domestic and international, have proved most attractive from the plaintiffs' perspective? What is the nature and extent of corporate, insurers' and reinsurers' liability? What real world impact are these lawsuits having on the environment? At the beginning of the quarter, the students will meet via zoom with principals from the two RAND centers that are the clients for this project to discuss their goals for the project. After refining the overall plan for the case study research, each student will select a case to research. Students will meet from time to time with Prof. Hensler and the Teaching Assistant for the practicum to discuss progress and share findings. As part of their research, students may also have the ability to speak with local scholars or attorneys involved in climate litigation in relevant international jurisdictions. At the end of the quarter, students will collaborate on a white paper summarizing the findings of the case studies, to be shared with RAND. Some or all students will then travel to RAND in Santa Monica, CA to share and discuss their findings with RAND researchers. There is potential for these case studies to eventually be shared publicly. Law and graduate students with coursework, research, or practical experience related to environmental law and policy, global litigation, advanced civil procedure, or comparative law preferred. 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, Performance, Class Participation, Written Assignments. 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.
Last offered: Spring 2022
| Units: 2-3
LAW 808Q:
Policy Practicum: Restoring Net Neutrality
In 2017, the FCC eliminated all net neutrality protections and renounced its authority over broadband. That stunning reversal of two decades of FCC policy set off a public firestorm, prompted states like California to step in with their own protections, and led to protracted legal battles. Though the timing is unclear, a new FCC will likely revisit net neutrality with the goal of restoring open internet protections at the federal level. Two of the current four commissioners have said restoring net neutrality is a high priority. Gigi Sohn, a long-time supporter of net neutrality, is the nominee for the fifth seat. Additionally, the European Union's political leadership is promoting a plan to require some online apps to pay broadband providers directly so that their services can be used by those broadband providers' customers. This would reverse decades of precedent and is a direct assault on the EU's net neutrality protections. That means this fall will present a unique window for research and policy papers on net neutrality. Historically, the FCC has given deep consideration to input from citizens, companies, interest groups, and public policy experts. The EU's proposal will also likely have an open public consultation window, where filings from experts will be given great weight. This policy lab gives students the opportunity to participate in these processes, and be trained to become the next generation of net neutrality and telecommunications law experts. Students will have an opportunity to make a lasting mark on real public policy both domestically and internationally. The FCC's and EU's choices are crucial to issues like platform dominance, digital equity, and the digital divide. Students in this policy lab will work alongside Stanford Law Professor Barbara van Schewick, widely considered to be the world's foremost expert on net neutrality. Her work has shaped net neutrality policies around the world, including the FCC's 2015 net neutrality protections and California's 2018 net neutrality law, as well as the European Union's 2016, 2020, and 2022 guidelines implementing Europe's net neutrality law. Students will do research and produce materials related to the upcoming proceedings. Documents include white papers, explainer documents, official submissions, and more. A background in net neutrality or telecom law is helpful, but not required. We hope to draw students from a variety of disciplines, including computer science, economics, statistics, public policy, and journalism. Law students wishing to undertake R credit will perform additional research or take on additional tasks analyzing the issues and results of the collective research. R credit is possible only by consent of the instructor. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://registrar.law.stanford.edu/. See Consent Application Form for instructions and submission deadline.
Last offered: Autumn 2022
| Units: 2-3
LAW 808R:
Policy Practicum: Polarization, Academic Freedom, and Inclusion
Political, social, cultural, and racial polarization compromise the mission of higher education to promote intellectually rigorous, open, inclusive inquiry; to train a diverse student population to work productively across difference in a pluralistic society; to produce cutting edge research; and to train leaders capable of creating innovative solutions to major social problems. The policy lab will explore curricular and co-curricular interventions that have the potential to reduce the adverse effects of polarization. Lab members will gather research in social and cognitive psychology, history, conflict mediation, racial, gender and political subordination, deliberative democratic theory, and other fields to identify methods that can be adapted to higher education. Students will also gather and assess evidence of recent interventions and reforms at Stanford and other universities. Our goal is to develop and publish guidance for universities considering reforms that treat free speech and inclusion as mutually constitutive, rather than contrary, principles. Emphasis will be given to guidance showing how skills acquisition by all stakeholders can promote open discourse, meaningful inclusion, and support understanding alternative perspectives. Students will conduct research, meet with experts, design policy reforms, and develop content for a website that publishes the research, guidance, and reform models. The client for this policy lab is the Stanford President's office. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://registrar.law.stanford.edu/. See Consent Application Form for instructions and submission deadline.
Last offered: Autumn 2022
| Units: 2
| Repeatable
2 times
(up to 4 units total)
LAW 808S:
Policy Practicum: Reducing Copyright Barriers to Creativity: The Problem of Orphan Works
Orphan works--copyrighted works that have no readily identifiable owner--represent the single greatest legal hurdle to creativity today. A film maker wants to make a documentary about the portrayal of minority groups in 1950s motion pictures, but cannot track down the present copyright owners of the dozens of film clips that must be licensed to complete the project. A video game producer has found just the right sound recordings to sample in its latest release, but cannot locate their copyright owners to negotiate a license. The examples can be multiplied across all forms of creative commerce. The copyright doctrine of fair use will excuse some, but far from all, of these uses, and the doctrine's application is at best unpredictable. Legislative fixes for the orphan works problem have been attempted both in the US and abroad, but with little success. Following two years of hearings, Congress in 2008 came close to passing an orphan works bill proposed by the US Copyright Office, but ultimately stepped away from the effort. This policy lab will evaluate the prospects for an alternative--but so far untested--solution to the problem of orphan works: private insurance products that will underwrite the legal and economic risk of using copyrighted works in situations where transaction costs make the negotiation of a license impracticable. Participants in the lab will interview stakeholders to investigate the feasibility of private insurance covering the use of orphan works. Among the stakeholders interviewed will be insurers and other insurance industry institutions; content owners across a range of industries and content users across a range of institutions. Experts from the US Copyright Office will also participate in a teaching capacity, on a periodic basis, to provide context for the challenge of orphan works and the work the Office has done on this issue. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://registrar.law.stanford.edu/. Interested students should apply by September 16, 2022 at 5:00 PM.
Last offered: Autumn 2022
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 808T:
Policy Practicum: Integrating Water and Land Use Policy in the West: The Missing Link
The western United States is currently experiencing what may be the longest and most severe "megadrought" in modern U.S. history. Current U.S. drought data shows virtually all of the Southwest in severe, extreme, or extraordinary drought. Reservoirs on the Colorado River are reaching record lows, and many farmers throughout the West have had their deliveries cut dramatically or face potentially massive cutbacks. Media discussion of episodic, emergency "droughts" has been replaced by a recognition of the permanent "aridification" of the West under climate change. Resolving the West's growing water crisis will require far greater linkage of water management and land use. Land use drives water demand, while water availability constrains land use. While water and land use are integrally related in fact, water and land-use policies in practice are far from integrated. Developments are approved without reference to water availability, and water agencies often have to scramble to find and fund new projects to augment or conserve water. New land developments or more intensive farming can lead to increased groundwater pumping that can cause neighboring residents' wells to run dry. In other cases, a failure to link water and land use can lead to abrupt building bans and/or emergency rationing. To meet the needs of a more water constrained future under climate change, a more integrated approach to water management and land use is warranted. While John Wesley Powell once recommended close integration of water and land use, western states have historically ignored the imperative. In the past decade or so, some states have ventured more fully into the connection between land use and water. Some states, for example, have enacted "Show Me the Water" statutes that require land developments above a certain size to demonstrate that they have 50 to 100 years' worth of water available before permits can be issued. In other places, states require land use authorities to consider water issues in developing their plans (or issuing well permits), either though consulting with their overlapping water agencies, or through developing a water "element" to their plans. This sensible approach is far from universal. We know very little, however, about how well these various approaches have worked. Working with the Babbitt Center for Land and Water at the Lincoln Land Institute (the leader in this field) and other experts in the West, students will review and assess whether the policies that have been enacted have made a difference in practice and will develop recommendations for how water and land use can be better integrated going forward. The class will provide students with the opportunity to survey the western landscape of integrated water and land use policies, identify best practices and glaring gaps, and develop suggestions for the future. The Lab will be led by Professor Buzz Thompson and Landreth Visiting Fellow Felicia Marcus of the Stanford Woods Institute for the Environment, who will meet with students weekly. Experts from across the West will also join the group throughout the fall quarter to discuss their experience and insights. Students will prepare a report for the Babbitt Center and also have an opportunity to present their results to key state and local decision makers and informers. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. 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. Cross-listed with the Doerr School of Sustainability (SUSTAIN 328).
Last offered: Autumn 2022
| Units: 3
LAW 808U:
Policy Practicum: Buildings in the Energy Transition: Resilient, Clean and Just
Clients: Asian Pacific Environmental Network (APEN), Communities for a Better Environment (CBE) as well as legislative and California Public Utility Commission (CPUC) decision makers. California is a leader in establishing aggressive targets to reduce greenhouse gas (GHG) emissions and increase zero-carbon energy generation. To meet its ambitious goals, California must implement a just energy transition that is founded in equity and that actively promotes environmental justice. This policy lab will work to address two pressing issues at the forefront of a zero-carbon energy transition: the ability of utilities to equitably, efficiently, and safely transition natural gas infrastructure and scale up electrification, and the ongoing reform of California¿s Low Carbon Fuel Standard (LCFS). Utilities have an obligation to provide essential services to all residents in their service territory, and this currently includes both natural gas and electric service in most areas. The original intention was to ensure equitable access to all consumers, but this obligation can now pose a barrier to electrifying homes, neighborhoods, and the state in an efficient and just manner. Legislators, utilities, and other stakeholders are cautious about widespread decommissioning of natural gas infrastructure until there is a legal architecture in place to ensure that equitable, reliable, and sufficient service is maintained to all customers. We are recognized leaders in the legal and regulatory issues associated with the obligation to serve in California and this policy lab will work to develop solutions in concert with EJ groups and state legislators. The LCFS is one of the key measures intended by California to drive innovation in reducing GHG emissions. This program was implemented in 2011 with the goal of stimulating a cellulosic biofuel industry and has been significantly amended over the past decade. Over the next year, the California Air Resources Board (ARB) will undertake a major revision of the program with large implications for biofuels, food crops, refineries and CAFOs. We have been asked by multiple environmental justice groups for assistance in developing EJ-centered technical and legal analysis to support their engagement in this process including development of and modeling of an "EJ scenario" to compare with alternatives developed by ARB. We will conduct our work from the perspective of and informed by the needs of our clients, APEN and CBE, environmental justice organizations that are actively involved in resilience and decarbonization policy. In this course, students will learn the basics of building electrification and low carbon fuel standards as well as engage in work related to these policies that is directly tied to policy outcomes. Lectures will focus on technical, economic and legal aspects of the challenge. In addition, students will work in groups on legal and technical analysis aimed at supporting better decision making in energy policy proposals in California. Students will work in partnership with postdocs and legal fellows on their group projects and may have the opportunity to present the results of their work to both APEN, CBE, legislators, and CPUC staff. The course is intended for students interested in multi-disciplinary approaches to public policy problems. No background in either energy law or energy modeling is required. Students will engage in weekly lecture and discussion of energy resilience and decarbonization science and policy, including student presentations and guest lectures by scientists, practitioners and policymakers who are true subject matter experts engaged in the policy processes student teams will be working on. Students will also meet outside of class once per week with the teaching team in working sessions to discuss progress on team projects. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. Students enrolled in Section 02 (with instructor consent) will be required to write an individual research paper meeting the Law School's R paper requirements. 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. We accept applications up to the add deadline for the quarter. This course is cross-listed with Environment and Resources (ENVRES TBA).
Last offered: Spring 2023
| Units: 3
| Repeatable
3 times
(up to 9 units total)
LAW 808V:
Policy Practicum: Moving Forward from Dobbs
This policy lab will build on the work of the Fall 2022 policy lab that researched three specific issues related to the Dobbs decision: medical abortion, restrictions on travel, and issues related to the collection and dissemination of information between and among providers and patients. The goal of the Spring 2023 policy lab is to develop a strategy for getting the information developed in the Fall 2022 policy lab to the field. In particular, students in the policy lab will identify how service providers and funders effectively receive information (offline through community-driven programs or online through websites and working with Google search and other engines) and specifically how they are obtaining information related to state abortion laws. The students will identify and speak with relevant legal and policy organizations to determine how they share legal information with funders and service providers. This "market research" will help inform (1) who our client should be and (2) what kind of materials (offline v. online) we should develop (what forms work best, how should the information be presented and executed?) In the last few weeks of the quarter, the students will propose and develop initial drafts of those materials. Given that the terrain is rapidly changing, students will likely update the legal information collected by the Fall 2022 policy lab to ensure it remains accurate. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. The class will meet on Thursdays from 12-2 pm during the spring quarter. Interested students should complete the policy lab application available on the SLS Registrar website at https://registrar.law.stanford.edu/ and send the following to Debbie Mukamal (dmukamal@law.stanford.edu) by March 27, 2023 at 5 pm: resume, transcript, one-page statement of interest and relevant experience.
Last offered: Spring 2023
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 808W:
Policy Practicum: Global Trends in Judicial Reforms
The past decade has been defined by democratic backsliding and the reemergence of authoritarianism around the globe. Freedom House marked 2021 as the 18th consecutive year of global democratic decline, exacerbated by the COVID-19 pandemic, increasing polarization, and rising inequality. In the face of such trends, what role can a healthy, independent judiciary play in halting the rise of anti-democratic leaders and preserving the rule of law? Students enrolled in this policy lab will have the opportunity to investigate answers to this question by conducting comparative research on 21st century judicial reform efforts. Which nations have pursued innovative new strategies to improve the functioning of their judiciaries? Topics for research will include advances in judicial independence, vetting, appointment mechanisms, balance of power structures, constitutional review, access to justice, and other factors affecting the rule of law. This year, we will adopt a special focus on judicial education and the evolving role of technology in the judiciary. Students will have the opportunity to attend in-person talks and dinners with foreign Supreme Court and Constitutional Court Justices. (The lab has received grants to host these foreign justices at Stanford). Guests to the lab this year include visiting judges and Justices from Israel, India, Brazil, Mexico, and Poland. Students will be able to interview these judges in small groups. Students will compile their findings, along with recommendations for future research and reform efforts, into a judicial reform database. Throughout the quarter, students will survey the impact of a specific country's reforms on various stakeholders in the legal system, including judges, legal practitioners, and the public. The lab can also sponsor smaller student/research trips to other Latin American countries, including Costa Rica, Mexico, Peru, or Chile. This practicum is by Consent of Instructor and has limited enrollment for law students who can demonstrate practical expertise or academic training in the field. Elements in used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at SLS Registrar https://registrar.law.stanford.edu/.
Terms: Win
| Units: 2
| Repeatable
2 times
(up to 4 units total)
LAW 808X:
Policy Practicum: Becoming the Tech Creator and Regulator: Redefining Insurance Solutions
Consumers are often faced with insurance policies that are lengthy, incomprehensible, and incredibly vague. Whether it's healthcare, homeowners or auto insurance, people cannot easily determine the extent of coverage and risk represented in insurance contracts. The contracts alone do not express clearly whether they provide sufficient coverage to the individual and/or how to make use of them when a problem arises. In this Policy Practicum, jointly hosted by Stanford CodeX and the Legal Design Lab, students will research and learn both theoretical foundations and practical tools to develop solutions that solve for transparency, accessibility, and literacy in the insurance industry. Students will gather the technical knowledge of the industry, conduct client interviews, and learn design thinking and product management skills. We will focus on the use case of revolutionizing the insurance ecosystem to address the aforementioned issues. Students will first interview and understand our client's, NAIC, needs in addressing the insurance concerns of various constituents, and identify their most pressing and specific obstacles. Students will act as creators -- in this role, they will learn skills on how to develop technologically driven solutions, gain an understanding of how to apply a suite of AI-driven applications, analyze legal information problems through the lens of computational law, and advise on how to best address clients' needs. Students will also gain insight into methodologies in Science and Technology Studies (STS) to critically analyze their solutions, when they transition into their roles as regulators. Technology-driven solutions are frequently developed in silos and do not have sufficient foresight around the unintended consequences. In applying an STS framework, they will evaluate their solution's policy implications: ethical, regulatory and legal standards; and fairness, accountability, and inclusivity measures. The policy lab aims to help students understand and contribute new insights and communities of practice on how to use, assess, develop, and iterate on technology-driven solutions that are "future-conscious," - weighed against ethical, regulatory and legal concerns, to help address NAIC's challenges in the insurance industry. This class is open to Stanford law students, and available for cross-registration for engineering, computer science, and humanities students. Students will be working together in small teams. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, 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.
Last offered: Winter 2023
| Units: 2
LAW 808Y:
Policy Practicum: Harvesting Climate Benefits from Climate-Smart Agricultural & Forestry Practices
BACKGROUND. As part of its climate agenda, the Biden Administration is promoting "climate-smart" agricultural and forestry practices that can advance climate goals by sequestering carbon and/or reducing greenhouse gas (GHG) emissions. See Executive Order 14008, Section 216(b). Significant funding is being allocated to this effort. The recently-enacted Inflation Reduction Act (IRA) allocates nearly $20 billion to existing U.S. Department of Agriculture (USDA) conservation programs that are presumed to generate climate benefits. Significantly, however, the IRA conditions the funding upon a Secretarial "determination" that the funds will "directly improve soil carbon, reduce nitrogen losses, or reduce, capture, avoid, or sequester carbon dioxide, methane, or nitrous oxide emissions." Separately, the USDA is moving forward with a $3.5 billion "Partnerships for Climate-Smart Commodities" program, which will test the proposition that when ag and forestry production practices generate discernable carbon benefits¿as certified through an as-yet undefined process--farmers and foresters will be able to command higher market prices. PROBLEM SET. There are no well-defined protocols for how to measure, monitor, report and verify (collectively referred to as "MMRV") climate benefits associated with specific ag and forestry practices. Current survey techniques utilized by the USDA are imprecise, typically involve limited or no field testing and do not take advantage of newly available technologies. Developing solid MMRV muscle could generate multiple benefits, including: (1) providing a stronger rationale for paying farmers and foresters to deploy climate-smart practices; (2) enabling farmers and foresters to collect a market premium for commodities produced using climate-smart practices; and (3) setting sideboards that would improve the credibility of voluntary ag and forestry carbon markets. In addition to fundamental MMRV questions, no guidance has been developed, as yet, regarding closely-related requirements, including: (1) the criteria upon which a Secretarial "determination" of climate benefits will be made under IRA-funded programs; or (2) a market-recognized "climate-smart" certification that will be bestowed on commodities that have been produced using practices that generate climate benefits. PRACTICUM FOCUS. The practicum will develop evidence-based recommendations to the White House and the Department of Agriculture regarding how to effectively address climate aspects of its climate-smart ag and forestry IRA funding, and how to deploy its new Partnerships for Climate-Smart Commodities program to advance climate-related MMRV and commodity market opportunities for the ag and forestry sectors. Primary attention will be given to the identification of MMRV protocols in a rapidly-evolving technical context and how related policy determinations and certifications should be developed and potentially applied. Agricultural practices were the primary focus for the winter quarter practicum. FORESTRY PRACTICES WILL BE THE PRIMARY FOCUS FOR THE COMPANION SPRING QUARTER PRACTICUM. (The practicum will be open to students through both the Law School and the Doerr Sustainability School. Research and policy development tasks undertaken in the practicum will include: (1) Identifying and critiquing current USDA MMRV protocols for climate-smart ag and forestry practices. (2) Gathering MMRV-related information pertinent to forestry practices from additional sources including: Private party proposals that the USDA has selected for funding under the Partnerships for Climate-Smart Commodities program. Voluntary carbon credit markets, where payments are based on forestry practices; Relevant RD&D efforts underway in industry, academic institutions, and technology incubators. (3) Identifying and convening individuals that have expertise in carbon sequestration in agricultural practices and forests and forest soils and recommending mechanisms through which the USDA could tap their expertise on an on-going basis. (4) Developing criteria that the Secretary of Agriculture potentially could apply when making IRA-required "determinations" regarding climate benefits related to IRA-funded agricultural and forestry-related programs. (5) Evaluating a range of climate-smart commodities certification approaches for agricultural and forest products that might be utilized, taking into account approaches that have been taken in other forestry contexts (e.g., forest stewardship certifications). Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. CONSENT APPLICATION: To access the consent application for this course, go to the 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.
Last offered: Spring 2023
| Units: 2
| Repeatable
2 times
(up to 4 units total)
LAW 808Z:
Policy Practicum: Hot Money: Toward Effective Climate Finance and Policy in Southeast Asia
The fight to curb climate change will be won or lost in emerging markets and developing economies -- particularly those in Southeast Asia -- in which surging energy consumption and infrastructure investment today will lock in carbon-emission patterns for decades. Policymakers and investors in these countries and in international development institutions have pledged, most recently at international climate talks in Egypt in November 2022, aggressive emission reductions and significant funding to achieve them. But the environmental efficacy of that investment will depend on how well the spending is calibrated to the realities of the political economies -- that is, the structures of power -- in the countries in question. In this research seminar, also known as a policy practicum, students will work closely with policymakers and investors in Indonesia and/or Vietnam, and with international finance officials focused on those countries, on research that will help inform key energy and energy-finance plans that are in the process of being crafted. The students' work will inform a series of workshops to be held with these players throughout 2023, and it will figure into writing submitted for publication. This work constitutes the next stage of a research program of the Stanford Climate of Infrastructure Project. The research earlier produced a peer-reviewed paper (on which students were named co-authors) illuminating patterns of international climate finance, and a variety of other writings. Because of the depth of the work involved, and of the benefit of continuity in it, students who agree to participate in this policy lab for two quarters -- both the winter 2023 and spring 2023 quarters - will be given priority to enroll. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. Students enrolled in Section 02 (with instructor consent) will be required to write an individual research paper meeting the Law School's R paper requirements. 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.
Last offered: Spring 2023
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 809A:
Policy Practicum: Governance and Regulation of Emerging Technologies
Policy Client: McCourt Institute, https://mccourtinstitute.org/. This policy lab will provide students an opportunity to learn about and write research reports concerning the governance of the newest technologies. The students will form three teams with each team producing one group report on one of the following technologies: (1) Blockchain (principally non-crypto applications); (2) virtual and extended reality; and (3) Generative AI (Chat GPT, Dall-E, etc.). There will be three classes on each topic -- one to describe the harms presented by the technology, another to investigate private governance solutions and best practices, and a final that will explore options for government regulation. The three group oral presentations and written reports will follow that same structure. The goal is to provide a blueprint for regulators and firms concerning governance of these new technologies. Students are expected to attend all classes. Students will consider the ethical implications of new technologies and the role of lawyers in mitigating risks for firms engaging in these new technologies. The class will be limited to 20 students -- at least half of whom will be law students. The other half will be comprised of graduate students and advanced undergraduates from disciplines across the university and who can demonstrate knowledge and background in the relevant technologies. The class will meet at the Law School on Mondays from 4:15 to 6:15 pm. NOTE: Admission is with consent of the instructor. Interested students should submit a one-paragraph statement describing their background and interest in the class and the particular technology for their focus. Submit statements of interest using the form available at https://forms.gle/DMgc4GVEX6wdKKZNA. Students should also complete the consent application form available at https://registrar.law.stanford.edu. SKILLS TRAINING: Students who enroll in a Law and Policy Lab practicum for the first time are asked to participate in the full-day methods boot camp on the first Saturday of the term. If you wish to earn course credit for developing your policy analysis skills, you may formally enroll in "Elements of Policy Analysis" (Law 7846) for one-unit of additional credit. As you will see from the course description, credit for Law 7846 requires your attendance at the full-day methods boot camp plus at least two additional lunch-hour workshops. If you enroll in a practicum but prefer to audit the supplemental skills class -- rather than receive formal credit -- please let Policy Lab Program Director Luciana Herman (lherman@law.stanford.edu) know and she will contact you with more details. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper.
Last offered: Spring 2023
| Units: 3
LAW 809B:
Policy Practicum: Structuring Effective Carbon Markets
This policy lab project builds on Stanford Steyer-Taylor Center (STC) and Sustainable Finance Initiative (SFI) research and analysis on structuring effective carbon markets. It leverages related work and resources on campus, and engages with clients in the US government working to design effective US and International carbon markets. Steyer-Taylor Center and Sustainable Finance Initiative researchers have identified five key pieces to structuring effective carbon markets: (1) Carbon accounting for liabilities and assets in compliance and non-compliance markets; (2) scientific measurement issues covering quantity, duration and budgets; (3) property rights, mineral rights and legal issues underlying transactions; (4) market structure, securities, capital structures and trading infrastructure; and (5) regulation and the role of government actors. Students will work in small teams to help develop this vision for coordinated carbon markets by researching and writing (1) a series of position papers covering the five topics listed above (a top-down approach); and (2) case studies of specific transactions (a bottom-up approach). Policy lab students may contribute generally to papers on the five topics or they may develop a case study on a specific transaction. The project seeks graduate and upper-division students from law, public policy, economics, finance, environmental science, and the Graduate School of Business. Please email your questions to instructor Alicia Seiger (aseiger@stanford.edu). Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. Apply by March 20 through the Policy Lab Consent of Instructor form. 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.
Last offered: Spring 2023
| Units: 3
LAW 809C:
Policy Practicum: Corporate Performance Standards on Racial and Economic Equity
This policy lab practicum focuses on corporations and racial and economic equity. Students will work closely with the instructor and a client called PolicyLink (https://www.policylink.org/), which co-founded the Corporate Racial Equity Alliance (https://corporateracialequityalliance.org/). Corporations have a critical and essential role to play in advancing racial and economic equity given their tremendous influence over economic, political, social, and cultural dimensions. Additionally, there is significant stakeholder demand for companies to stop perpetuating racial and economic inequalities. Establishing a common language and framework for businesses to advance racial and economic equity is a critical and urgently needed component of the transformation toward a just, equitable, and healthy society for all of us. Current corporate standards do not offer a clear or sufficiently comprehensive path on how to approach, measure, report, and motivate the achievement of racial and economic equity. PolicyLink and others in the Corporate Racial Equity Alliance are developing new corporate performance standards to address this gap. These standards are on track for publication in early 2024. Students will research the current reporting landscape (e.g., SEC disclosure rules) and map them to the standards. The results of their research will be reflected in the published corporate standards. This policy lab will give students an opportunity to learn about corporate governance, public disclosure rules, business practices, and the role of corporations in advancing racial and economic equity. Prior experience with business or corporate law is welcome but not necessary. Students will meet weekly to discuss research progress as well as related topics (e.g., ESG). This policy lab seeks students from law school and is also available for cross-registration from students in graduate and professional degree programs in business, economics, finance, and management science. Elements used in grading: Attendance, performance, class participation, written assignments. 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.
Terms: Aut
| Units: 3
LAW 809D:
Policy Practicum: "What's Next? After Students for Fair Admissions"
Policy Client: Stanford Center for Racial Justice, https://law.stanford.edu/stanford-center-for-racial-justice/. The Supreme Court's decision in Students for Fair Admissions has upended nearly a half century of precedent. Universities that had long relied on race-based affirmative action in their admissions policies will no longer be permitted to do so. This policy lab will take up the question with which universities across the country must now grapple: What next? The orientation of the lab will be forward-looking and inclined toward innovation. New principles. New goals. New ideas. Rather than merely try to accomplish indirectly what the Supreme Court has prohibited universities from doing overtly, the practicum aims to treat the Supreme Court's prohibition of race-based affirmative action as an opportunity to reconsider more broadly the goals of selective college admissions and the ways in which America's leading educational institutions may reform admissions and associated practices in order to improve higher education broadly. Advanced education is crucially important both to national well-being and to racial justice. There is no path to racial justice that does not entail an educational system that works better for people of all backgrounds. The recent Supreme Court decisions regarding race preferences in admissions, and also student loan forgiveness, create an uncommon opportunity to fairly radically rethink how universities make good on their implicit bargain with the American people: to receive public patronage in exchange for enhancing educational opportunity and social mobility. Two understandings of the issues inform the scope of work. One is that race-based affirmative action is far from the only aspect of university activity that has been or will be subject to criticism. Thus, we will not limit our focus to the one practice the Supreme Court has already prohibited. Rather, the entire array of marketing, recruitment, admissions and outreach practices and principles should be up for re-examination. The other important point to understand is that a school's admissions practices are connected to broader questions about the role of prestigious colleges and universities in American society. Only through engaging those broader questions can one think clearly about the normative aims that selective colleges and universities should seek to further, through admissions, financial aid and otherwise. In considering the issues, the lab will squarely confront a salient feature of American higher education that has received too little attention: the extraordinary stratification of American colleges and universities. The institutions at the apex of the hierarchy are the envy of the world; they are wealthier, more influential, and more sought after than ever before in our history. Yet, they educate a minuscule percentage of all students, most of whom struggle at less well-resourced institutions, which themselves struggle financially among other operational and educational challenges. The lab will consider the extent to which this extreme stratification is incompatible with the educational needs of our nation and will explore and develop strategies to counter it. The work product of the lab will be a guidance document for universities, policymakers, and stakeholders across the country that serves as a road map for how to promote learning and advance racial justice after Students for Fair Admissions. The report will synthesize and evaluate the most successful higher education reforms and offer robust analysis, innovative policy development and recommendations for how to forge better systems of learning for all students. Accomplishing this goal will require the participants in the lab to understand and assess a wide array of issues concerning the structure and goals of higher education, and to take arguments that emanate from conservatives as seriously as those that emanate from liberals. Students in this policy lab will research, identify, and design strategies and policy solutions to entrenched racial inequities within our higher education system, particularly at our most elite universities. Students will take a multidisciplinary approach to problem solving in the lab, researching and interacting with a wide range of experts and relevant fields, including but not limited to government, law, business, education, psychology, sociology, health, and technology. This class is open to Stanford Law School students, and available for cross-registration for undergraduate and graduate students from across campus. We highly encourage students from outside the Law School to apply, particularly students from the Graduate School of Education, the Graduate School of Business, and those interested in developing their design-thinking skills. Students will be working together in small teams. Grading will be based on presentations, class participation, group work, and written assignments, including a final paper. The long-term client for this policy lab is the Stanford Center for Racial Justice. Please note this lab is a fall quarter 3-unit commitment with the option for a winter quarter extension. The winter quarter extension is a variable 1-3 units. For winter term, this policy practicum is open only to students who are continuing in the project from the fall term. CONSENT APPLICATION: To apply for this course, students must complete a Consent Application Form available at SLS Registrar https://registrar.law.stanford.edu/. Additionally, students must submit a resume, transcript, and brief policy exercise via email to Dionna Rangel at drangel@law.stanford.edu. Applications are due by Sunday, September 17 at 11:59 pm. Directions for the policy exercise are below. POLICY EXERCISE: You are a senior advisor to the president of a small university that has relied on using race as a factor in their admissions process. The president has expressed major concerns about the implications for the school after the Supreme Court's decision to strike down affirmative action in Students for Fair Admissions. They have asked you to draft a policy memo to help them navigate the uncertainty brought on by this landmark decision, specifically: 1. Briefly summarize Students for Fair Admissions, including what the decision says is prohibited and what is permitted. 2. Identify potential avenues for the university to respond to the decision that might be worthy of further investigation, including innovative policy ideas and reforms but also anything the administration should be thinking about more broadly as a higher education institution. 3. Include a short bibliography of select readings that can help the president stay informed about the issues, ideas, and responses post-affirmative action. The memo should be no longer than two pages, single-spaced, and use 12-point font. SKILLS TRAINING: Students who enroll in a Law and Policy Lab practicum for the first time are asked to participate in the full-day methods boot camp typically held on the first Saturday of the term. If you wish to earn course credit for developing your policy analysis skills, you may formally enroll in "Elements of Policy Analysis" (Law 7846) for one unit of additional credit. As you will see from the course description, credit for Law 7846 requires your attendance at the full-day methods boot camp plus at least two additional lunch-hour workshops. If you enroll in a practicum but prefer to audit the supplemental skills class -- rather than receive formal credit -- please let Policy Lab Program Director Luciana Herman (lherman@law.stanford.edu) know and she will contact you with more details. Only students who participated in the prior quarter's project will be admitted to the spring quarter practicum. Elements used in grading: Attendance, performance, class participation, written assignments, and final paper.
Terms: Aut, Win, Spr
| Units: 1-3
| Repeatable
2 times
(up to 6 units total)
LAW 809E:
Policy Practicum: AI For Legal Help
The policy client for this project is the Legal Services Corporation (https://www.lsc.gov/): This project works closely with the Legal Services Corporation's Technology Information Grant Program (https://www.lsc.gov/grants/technology-initiative-grant-program) to research how the public interacts with AI platforms to seek legal assistance, and to develop a strategy around how to mitigate risks, ensure quality, and enhance access to justice on these AI platforms. AI increase access to justice, by helping people resolve their legal problems in more accessible, equitable, and effective ways? What are the risks that AI poses for people seeking legal guidance, that technical and policy guardrails should mitigate? In this course, students will conduct research to identify key opportunities and risks around AI's use by the public to deal with common legal problems like bad living conditions, possible evictions, debt collection, divorce, or domestic violence. Especially with the launch of new AI platforms like ChatGPT, Google Bard, and Bing Chat, more people may turn to generative AI platforms for guidance on their legal rights, options, and procedures. How can technology companies, legal institutions, and community groups responsibly advance AI solutions to benefit people in need? Students will explore these questions about AI and access to justice through hands-on interviews, fieldwork, and design workshops with different stakeholders throughout the justice system. They will run interview sessions online and on-site at courts, to hear from various community members about whether they would use AI for legal help and to brainstorm how the ideal AI system would behave. Students will also observe how participants use AI to respond to a fictional legal problem, to assess how the AI performs and understand how people regard the AI's guidance. Students will be required to complete ethical training for human subjects research, which takes approximately 2 hours through the CITI program online. They will then conduct community interviews according to an approved IRB research protocol. Students will synthesize what they learn in these community interviews, observations, and brainstorm sessions, in a presentation to legal and technical experts. They will hold a multi-stakeholder workshop at to explore how their findings may contribute to technical and legal projects to develop responsible, human-centered AI in the legal domain. Students will develop skills in facilitating interdisciplinary policy discussions about how technology and regulation can be developed alongside each other. The students¿ final report will contribute to policy and technology discussions about the principles, benchmarks, and risk typologies that can guide the ethical development of AI platforms for access to justice. Students are asked to enroll in both Fall and Winter quarters of the class. The class may be extended to Spring quarter, depending on the issues raised. Elements used in grading: Attendance, Performance, Class Participation, and Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at SLS Registrar https://registrar.law.stanford.edu/.
Terms: Aut, Win
| Units: 3
| Repeatable
3 times
(up to 9 units total)
LAW 809F:
Policy Practicum: Regilla Project: Women Incarcerated for Killing their Abusers
Nearly 1200 people are incarcerated in female correctional facilities in California and are serving lengthy sentences for murder and manslaughter convictions. It is not known in California (or in any other state) how many of these individuals are incarcerated for crimes that directly relate to histories of intimate partner violence. The Stanford Criminal Justice Center, through its Regilla Project, is attempting to assess this frequency. During Summer 2023, the Stanford Criminal Justice Center undertook data collection at the larger of the two women's prisons in California. The surveys were completed by individuals who have murder and manslaughter convictions to assess how their convictions were related to intimate partner violence. Nearly 500 individuals completed the survey during July 2023. Students enrolled in the policy lab will code the narrative portions of the survey responses (not everyone who participated in the surveys completed a narrative portion), analyze the quantitative data collected through the surveys, and assist in drafting a report for researchers, policymakers and practitioners aimed to better understand the nature of who is incarcerated and what their needs are, and to suggest front-end policy reforms. Application process: Interested students should submit a Consent of Instructor form (see Policy Lab Practicums webpage or https://registrar.law.stanford.edu/) with a copy of their resume, transcript, and statement of interest to Debbie Mukamal (dmukamal@law.stanford.edu) by September 11, 2023 at 5:00 pm. Only students who participated in the prior quarter's project will be admitted to the winter quarter practicum. The statement of interest should indicate relevant expertise, including whether the student has any data analysis experience (quantitative and/or qualitative) as well as the type of software the student has used in such data analysis. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. Important note: Admitted students may enroll for three units. Four units is limited to one or two students with consent of the instructors.
Terms: Aut, Win
| Units: 3-4
| Repeatable
2 times
(up to 8 units total)
LAW 809G:
Policy Practicum: Supporting the San Quentin Transformation Advisory Council
Policy Client: Governor Newsom's San Quentin Transformation Advisory Council (https://www.gov.ca.gov/2023/05/05/san-quentin-transformation-advisory-council/ ). California Governor Newsom created an advisory council in Spring 2023 with the mission to transform San Quentin Prison into a rehabilitation facility. The advisory council has been meeting in Summer 2024 and will be putting forward preliminary ideas to the Governor's office in September 2024, for ultimate inclusion in the Governor's 2024 State Budget in January 2024. Students enrolled in the policy lab will assist the advisory council by providing academic, legal, and empirical research in support of the council's final recommendations to Governor Newsom. Students will also have a chance to meet and consult with advisory council members; tour San Quentin prison, including areas targeted for major renovation; and meet with incarcerated individuals who hope to benefit from the reforms. Application process: Interested students should submit a Consent of Instructor form (see Policy Lab Practicums webpage and https://registrar.law.stanford.edu/) with a copy of their resume, transcript, and statement of interest to Debbie Mukamal (dmukamal@law.stanford.edu) by September 11, 2023 at 5:00 pm. The statement of interest should indicate relevant expertise. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper.
Terms: Aut
| Units: 2-3
LAW 809H:
Policy Practicum: Evaluating Law Schools and Mental Health Disability
This policy lab maps the law school experience for students with psychiatric or mental health disabilities. It identifies barriers for people with psychiatric disabilities to envision themselves as lawyers, navigating the admissions process, flourishing in law school, and becoming successful licensed lawyers. Law school is a demanding experience, and lawyering is a challenging -- and inspiring -- profession. People with psychiatric disabilities face typical issues that many aspiring and actual lawyers may encounter. However, they also may experience obstacles of bias, unintended bureaucratic hurdles, absent accommodation structures or policies, or challenges due to their disability. Practicum students will conduct a literature review, legal research, and interviews to identify current best practices and needed missing resources. Students will look at the work of advocacy groups for disability, substance use disorder, and formerly incarcerated people, associations for law students and lawyers, programs and policies at ABA member law schools, and innovative programs on mental disability and academia across Stanford's campus. The practicum aims to delineate the law school process, its pinch points, and opportunities for change for people with psychiatric disabilities. The fall term is an initial step to map out difficulties with the current law school process. The ultimate goal of the practicum is policy recommendations for law schools and other key stakeholders to improve the process and successfully integrate people with psychiatric disabilities into the legal profession. The class is open to Stanford law students and available for cross-registration for other Stanford students. Students with personal experience of psychiatric disability are encouraged to apply, but personal experience is not a requirement. It is intended for those interested in the intersectional and multi-disciplinary investigation of the legal profession and disability. Students will work in teams to produce an initial draft and an oral presentation to the class on a designated portion of the overall project. Additionally, the class will meet weekly to consider assigned reading material, meet interested parties, and discuss progress on team projects. Elements used in grading: Attendance, Class Performance, Class Participation, Written Assignments. This policy lab will be offered in future terms. We encourage students to participate in subsequent quarters if they can do so. 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.
Terms: Aut
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 809I:
Policy Practicum: The Future of Eviction Prevention
Over the past 5 years, eviction prevention has become a hot topic for local policy in the US. Local coalitions of city governments, courts, and community groups have launched hundreds of pilots of laws, legal services, rent assistance, technology tools, mediation, navigators, and more in order to reduce the number of eviction lawsuits and mitigate their harmful consequences on families and communities. National groups like the American Bar Association, HUD, and the Treasury Department have issued guidance spotlighting promising interventions that could prevent evictions, reduce the number of forced moves, and improve housing stability. Five years into this work on eviction prevention, what do we know about what works? And how might policy-makers compare and assess these highly localized eviction prevention systems? This class will have students conduct interviews, workshops, and legal research to create a clearer vision of what the state of eviction prevention interventions are, and propose what the future agenda for eviction prevention should be over the next decade. In the course, students will learn how evictions happen, what the general court process is, and how this differs across jurisdictions. They will also familiarize themselves with the landscape of eviction prevention solutions that has developed, especially during the Covid pandemic and the increased federal funding for rental assistance and eviction prevention. Students will learn about local experiments launched in cities and states across the US, including new legislation (like a right to counsel in eviction hearings and just cause requirements for filing an eviction lawsuit), new court rules (like requiring mediation before a case could be filed or proceed to a hearing), new technology (like text message reminders and online dispute resolution), and new services (like case managers and housing navigators). Then students will conduct research with community members, service providers, and policymakers across the country, to learn about their local eviction prevention systems. What pilots have been launched, what has worked, and what has not? What kinds of policies, services, and technology would be the most useful to a person going through an eviction? What does the data show about the impact of different interventions on the number of cases filed, the number of forced moves, the participation rates of tenants in the court process, or other key metrics? In addition to qualitative interviews, students will also do legal and policy research to document how different jurisdictions meet established eviction prevention standards. Which jurisdictions have implemented the legislation, court rules, and due process protections that national groups have recommended? Students will create a policy map that gives a national view of local eviction prevention laws and court rules. Students will create deliverables that can help both national and local policy-makers understand the state of local eviction prevention systems. Class work will include a report that summarizes the interview findings about what eviction prevention initiatives have worked or not, and that recommends an agenda for the next decade of eviction prevention work. It will also include a policy map, in the form of a report and website, that assesses how different regions perform according to recommended standards. As the class progresses, students will determine what other class deliverables might be useful. For example, students might create training materials for local judiciary, bar, and civic leaders on eviction prevention best practices and assessments. They may also propose an ongoing eviction prevention assessment protocol, that national and local leaders could use to regularly measure how robust their local eviction prevention efforts are, how they are performing, and where improvements may be needed. During the class, students will be required to complete a 2 hour online CITI program on ethical human subjects research. They will then follow an IRB-approved protocol to conduct interviews with community members and experts about eviction prevention efforts. The class will be a two quarter sequence. Students will gain expertise and leadership in housing policy, court innovation, and access to justice initiatives. They will have the opportunity to present their deliverables to national and local leaders, and to build lasting relationships in the field. Elements used in grading: Attendance, performance, class participation, written assignments. 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.
Terms: Win, Spr
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 809J:
Policy Practicum: Juvenile Justice & Education: Re-envisioning San Mateo County Alternative Schools
This policy practicum will provide students the opportunity to be part of designing and operationalizing an innovative approach to alternative education in San Mateo County. Students will work closely with the County Office of Education, the San Mateo Community College District and the Youth Law Center. Participants in the practicum will be involved in supporting the San Mateo County Office of Education (SMCOE) as it re-envisions its alternative education program. In California, the County Office of Education is responsible for educational programs for certain students that are not attending school within their school district. This includes incarcerated students and students who have been referred to the County-run alternative school based on an expulsion from their district due to a disciplinary incident, a referral from the truancy review board, or through their involvement in the juvenile justice system. One of the alternative schools overseen by SMCOE is the community school-Gateway. SMCOE would like to completely redesign the Gateway program while, at the same time, consider changes and improvements in the entire alternative education system, including how students enter the County program and transition out of the program. SMCOE is particularly interested in increasing its collaboration with the community college district, which offers an exciting opportunity for an innovative approach that could be replicated throughout the state. SMCOE has already engaged the National Equity Project to begin this redesign process. Practicum students will work in collaboration with SMCOE, the community college district, the Youth Law Center and the National Equity Project to support the design and implementation of a reimagined alternative school program. Students will conduct research on legal issues, funding, best practices and models from other jurisdictions. They will provide a written to report to SMCOE to assist them in making the new vision a reality. They will also document all steps in the redesign and implementation process to create a useful tool for other counties who might wish to engage in a redesign of their alternative education program. (Note: this final portion of the project will likely be completed in the spring quarter, with both new and continuing students.). In the Winter Quarter, graduate and professional students from law, education, and public policy are invited to apply. R credit (Section 02) is possible only by consent of the instructor. After the Winter Quarter begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Winter quarter students will have completed internal research memos. The role of spring quarter students will be to synthesize that research and create a public-facing set of recommendations. During the spring quarter we will have the opportunity to present draft recommendations to community partners before finalizing a report for the County Superintendent and County Board of Education. The class will be primarily made up of continuing students but there will be a few spaces available for new students to join, with the instructor's permission. Our weekly meeting time will be determined once we have our student cohort finalized. The weekly meeting times may include a full class meeting and additional small group meetings. Elements used in grading: Attendance, performance, class participation, written assignments. 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.
Terms: Win, Spr
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 809K:
Policy Practicum: Blue Foods for Indonesia: A Human & Planetary Health Action Lab
Globally, more than 1 billion people rely on seafood, yet this source of vital nutrition is chronically neglected in discussions about the future of food systems. In 2021, the UN Food Systems Summit brought international attention to the potential of "blue foods," thanks in part to insights and evidence provided by the Stanford-led Blue Food Assessment. Now, the Indonesian Ministry of National Development Planning has asked Stanford to help them build blue foods into Indonesia's national development strategy. Indonesia is the 4th most populous country, home to 278 million people and the most marine biodiversity on the planet. Over the next 18 months, we will work with the Ministry, Indonesian researchers, and NGO partners to develop a Blue Food Assessment for Indonesia that can help policymakers realize the potential of blue foods to meet pressing food system priorities -- improving nutrition, food security, and livelihoods, both nationally and in rural communities. This Blue Foods Action Lab is the first of a series to help Indonesia implement a far-reaching national program that could transform its food system and could be used as a model for other countries. For Spring quarter the role of the students will be to evaluate successful programs implemented by other nations in the areas that align with client interests and build from the student progress on topics from the winter quarter (i.e., aquaculture, small scale fisheries, blue food tech and justice and inclusion). A report will be produced and shared with the Indonesian Ministry and our NGO partner. The practicum seeks graduate and well-qualified undergraduate students in such programs as earth systems, computer science, public policy, international policy, business, law, sociology, and marine biology. Policy client: Indonesian Ministry of National Development Planning. Graduate and professional students from law, environmental science and policy, marine sciences, food systems, and public policy are invited to apply. R credit (Section 02) is possible only by consent of the instructor. 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, Performance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: An application is required for acceptance into the course available at https://forms.gle/WzXQDpt9Wa6hy7j87 Application deadline: March 13, 2024. Cross-listed with Doerr School of Sustainability (SUSTAIN 121/221).
Terms: Win, Spr
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 809L:
Policy Practicum: Expanding Access to Justice in Eviction and Family Law
This policy lab will launch a significant collaboration between the Los Angeles Superior Court -- the largest court in the U.S., serving a population of 10 million -- and a Stanford research team from the Deborah L. Rhode Center on the Legal Profession and the Legal Design Lab. Students will work with senior court leaders and the Stanford team to understand the barriers and challenges court users face in eviction and family law matters (Winter Quarter), and then develop an actionable, evidence-based blueprint for an end-to-end process and digital pathway to promote access to justice that can be piloted and evaluated (Spring Quarter). The American civil justice system is in crisis. In roughly three-quarters of the 15 million civil cases filed in America¿s state courts each year, at least one side lacks a lawyer. Many of these cases involve significant, life-altering matters: debt collection actions, evictions, and family/domestic disputes. Such large, systemic gaps in access to legal services limit who can meaningfully participate in court proceedings, magnifying disparities based on income, education, race, gender, and ethnicity. While the access to justice crisis has many causes, there is mounting evidence that a core part of the problem is the courts themselves. Many courts are difficult to navigate without a lawyer, with inscrutable forms, arcane terminology, and outdated filing systems and requirements. The result is that many people do not engage with the court at all, instead suffering default judgments. And while many courts offer a variety of in-person and digital services to people who need assistance, those services are often hard to access, kludgy, and disconnected. This policy lab will be the first in a series of two, with a second offering in Spring Quarter. During Winter Quarter, students will work with the court to study barriers to litigant access and engagement using mixed-method quantitative and qualitative analysis. Students will analyze existing court data to understand procedural patterns and litigant needs, and they will also help collect new data through surveys, interviews, and focus groups with court users and personnel. This diagnostic work will include opportunities to travel to Los Angeles. Students in the Spring Quarter will use the learnings to design a pilot for a new, end-to-end process that can improve court users¿ participation rates, their engagement, their sense of procedural justice, and their substantive justice outcomes. The practicum will be led by Professor David Freeman Engstrom, Co-Director of the Deborah L. Rhode Center on the Legal Profession and Margaret Hagan, Executive Director of the Stanford Legal Design Lab. We hope to draw students from a variety of disciplines from around the University. Technical or data science expertise is welcome but not required. Students need not take both the Winter and Spring quarter practicums, though they are welcome to do so. Law students wishing to undertake R credit will perform additional research or take on additional tasks analyzing the issues and results of the collective research. R credit (Section 02) is possible only by consent of the instructor. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. Policy Client: Los Angeles Superior Court. 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.
Terms: Win, Spr
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 809M:
Policy Practicum: Regulating Professional Enablers of Russia's War on Ukraine
Law firms' withdrawal from Russia in the wake of the country's brutal invasion of Ukraine in February 2022 surfaced challenging and timely questions around what it means to practice ethically in an increasingly challenging globalized context. This proposed policy lab explores the role of lawyers in times of conflict and crisis. Western legal professionals have garnered criticism, including from Ukrainian civil society, for their alleged role as "enablers" of Russian aggression, especially by helping sanctioned individuals move and hide their wealth. The role of Western lawyers as enablers of corrupt regimes is not new; a 2006 Senate subcommittee report found that "lawyers help establish offshore structures, draft financial instruments, and provide legal opinions justifying offshore transactions." Congress finally responded with the 2022 ENABLERS Act, which would force lawyers to investigate the source of clients' funds when making a transaction, the way banks currently do. The bill failed in the Senate last year however, largely under pressure from the ABA. With sanctions effectiveness being a focus of the Freeman Spogli Institute's McFaul-Yermak International Sanctions Working Group, this SLS policy lab would contribute a unique perspective to a live area policy debate at Stanford and Washington. Students would have the chance to consider the duties of lawyers towards clients credibly linked to ongoing human rights abuses and war crimes, assessing current ABA guidelines, constitutional due process guarantees, recent policy developments like the 2022 ENABLERS Act, and the perspectives of local civil society in Ukraine and other affected areas. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. Only students who participated in the prior quarter's project will be admitted to the spring quarter practicum. 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.
Terms: Win, Spr
| Units: 3
| Repeatable
2 times
(up to 6 units total)
LAW 809N:
Policy Practicum: Repairing the State and Local Relationship in a Red State / Blue City Context
Policy Client: Mississippi State Conference NAACP (Charles Taylor and Frank Figgers). As anyone in Jackson, Mississippi will tell you, the city has a terrible relationship with its state government. Chronic mistrust flows in both directions, and for at least the past 25 years, state/local acrimony has been both a cause and symptom of state actions to withdraw authority and funds from Jackson. Current measures to intervene in the governance of Jackson's infrastructure and take over the city's downtown police and courts system mark new escalation in state/city tensions. So far, these deepening tensions have been answered with the typical modes of conflict: adversarial litigation and polarized politics. But those interventions have only power and blame at stake, without fostering cooperative solutions to the city's immense challenges. Jackson has serious, urgent human needs: an old, failing water system that would need heroic reinvestment even without the extreme flood and freeze events now made more common by climate change; a devastating violent crime and homicide rate; a poverty rate above 25% (among the highest rates in the country); a population more than 26% smaller than it was in 1980 (and all the blight associated with such a fall); and more. Challenges that significant (especially in a state facing disinvestment and poverty from border to border) will mean that neither the city nor the state can act effectively alone. But after so many years of antipathy, state and local cooperation will require nothing less than a restorative process. As one small start toward that longer work, this policy lab will work to understand the origins and consequences of Mississippi and Jackson's legal and political relationship. Mediation, after all, requires mutual understanding the setting of baseline facts. Our group will confront the question "how did Jackson and Mississippi reach this crossroads?" from the following angles: (1) Mississippi's constitutional history, (2) the history of other state laws governing municipal power, (3) the history of public corruption cases against both state and local officials, (4) major real estate deals involving state actors within city limits, (5) a recent history of state interventions in valuable local enterprises (including the Jackson Airport and Two Mississippi Museums complex), (5) the recent history of infrastructure and other federal block grant allocation to Jackson, and (6) the history of the battle for voting rights and basic individual civil rights within Jackson. Each student in the lab will take on an independent lane of legal/political research from the list above and write up their findings in sole-authored memos that are organized both topically and chronologically. We will then share and integrate our findings across memos, fusing them in the final two weeks of the lab into a single chronological report documenting the state and local relationship. We will share this final work product with civil rights leaders in Jackson to factcheck and "ground-truth" this research, identifying next steps for sharing, factchecking, and publishing this information with state leaders in future quarters. While this policy lab will be specialized to Jackson's situation, we will take opportunities (at the start of the quarter and at the end) to read and discuss how it relates to broader red state/blue city conflicts in other Southern states. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. 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.
Terms: Win
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 809O:
Policy Practicum: Drafting a Foreign Sovereign Anti-SLAPP Statute
Client: Neukom Center for the Rule of Law. It's almost impossible to sue a foreign government in U.S. courts. The Foreign Sovereign Immunities Act, the court-created "act of state" doctrine, and other common-law immunities shield foreign officials and governments from most lawsuits. For instance, courts have dismissed claims against China, Cuba, Venezuela, and Russia over allegations of torture, detentions, and election interference. Yet foreign governments have unfettered access to U.S. courts as plaintiffs. And foreign dictatorships--including Russia, China, Turkey, and Venezuela--have leveraged this access to harass political dissidents, critics, and even newspapers in the United States. These doctrines create an asymmetry: foreign dictators and their proxies can access our courts as plaintiffs to harass their opponents, but their regimes are, in turn, immune from lawsuits here. Congress and the U.S. China Commission have asked the Neukom Center for the Rule of Law to propose a bill that would remedy this asymmetry. The policy lab will focus on researching and drafting proposed bill language to present to Congress. The lab will need students who are knowledgeable about statutory interpretation and are ready to research jurisdictional and foreign relations law questions. We plan to enroll no more than four students by consent of the instructor. Elements used in grading: Attendance, performance, class participation, and written assignments. 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.
Terms: Win
| Units: 1-2
LAW 809P:
Policy Practicum: University Anti-Doxxing Policies
Students in this Policy Practicum will advise the Stanford Provost's Office on the legal and policy issues raised by the doxxing of or by members of the Stanford community or otherwise related to activities on campus, and develop recommendations for how the University should respond. Areas of research will cover the legal definition of doxxing, the First Amendment, the Leonard Law and other constraints applying to the University in this context, what training or resources can be offered to people to protect their online privacy, and how to foster open and constructive discourse as an academic institution in light of the way that these online dynamics and the threat of doxxing can chill speech. Note: There is no set meeting time. The instructor and admitted students will work together to set the weekly class meetings (approximately three hours per week) and classroom location. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. 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.
Terms: Spr
| Units: 3
LAW 809Q:
Policy Practicum: Safeguarding Judicial Independence Around the World
An impartial and independent judiciary is crucial for safeguarding democracy and the rule of law. In this policy practicum, students will work on several important projects for submission to the UN Special Rapporteur on the Independence of Judges and Lawyers, Professor Margaret Satterthwaite. The Rapporteur's UN mandate positions her to have a real-time impact on efforts to defend democracy in a time of authoritarian overreach and democratic backsliding. She executes her mandate through individual case work, reports on country visits, amicus briefs, and thematic reports on key issues. Under the supervision of the instructor, and in consultation with the U.N. special rapporteur, students will work in small teams to provide carefully researched, time-relevant inputs on one or more of the following crucial topics: 1. The instrumentalization of the judicial system to harm the rights of government opponents or other dissidents. Students will provide case studies of judicial harassment and other forms of instrumentalization of the judicial system. A specific focus will be placed on the criminalization of lawyers, prosecutors, and judges, and on the use of SLAPP suits (strategic litigation against public participation). Students will perform legal analysis of these concerns using international human rights law and soft law norms such as the Basic Principles on the Role of Lawyers and the Guidelines on the Role of Prosecutors. Questions to be explored include: what is the role of lawyers in guarding against the instrumentalization of the judicial system? What norms provide guidance to lawyers assessing whether zealous advocacy could transform into judicial harassment? What rules can guide prosecutors in charging decisions concerning government opponents? 2. The independence of Indigenous juridical systems. Students will provide case studies exploring how Indigenous peoples have maintained their legal and judicial systems in the United States and countries around the world. The UN Declaration on the Rights of Indigenous Peoples guarantees the right of Indigenous peoples "to promote, develop and maintain their institutional structures," including "juridical systems or customs, in accordance with international human rights standards." Questions to be explored include: what challenges have Indigenous peoples faced in maintaining their legal and judicial systems? Are there good practices for safeguarding the self-determination of Indigenous peoples through their juridical systems? 3. Economic and corporate capture of judicial systems. The right to a fair trial requires independent and impartial courts, and international standards make clear that judges must be free from "improper influences [or] inducements" from "any quarter or for any reason." Students will prepare case studies illustrating the risk to judicial systems emanating from powerful economic or corporate interests. Questions to be explored include: what counts as improper economic inducement of a court or its judges and who decides? What rules exist to limit the influence of corporations or other wealthy actors from influencing the selection or appointment of judges? Do ethical codes and laws effectively shield judges from undue influence by powerful economic actors? Are there policies or practices that ensure a country's judiciary is open to jurists of diverse wealth or class backgrounds? Through this practicum, students will learn to work for and engage with a policy client; have an opportunity to have real-time, practical impact on key problems around the world relating to judicial independence; and also hone their legal research, policy analysis, and writing skills. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. 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.
Terms: Spr
| Units: 2
LAW 809R:
Policy Practicum: Nature-Based Climate Solutions Policy Lab
Nature-based climate solutions can enhance the natural proclivity of landscapes and seascapes to combat climate change by removing carbon dioxide from the atmosphere while generating co-benefits such as biodiversity, cleaner air and water, and improved resilience in the face of destructive climate impacts. Yet "nature-based climate solutions" (NbS) are not well-defined and a general lack of understanding, experience and information-sharing about NbS is holding back their adoption. In addition, U.S. laws and policies can limit the deployment of NbS. In this policy lab we will work with a non-profit client that invests in a large number of NbS and is interested in identifying and overcoming barriers that are constraining their investments, and in improving how they measure, monitor and verify the climate and other benefits associated with NbS projects. Consent Application: Students interested in enrolling in this policy lab should complete a consent application that includes these elements: Briefly describe why you are interested in this policy lab; Please describe your prior relevant courses and work experience; Are you willing to attend a Saturday morning session at the law school on Elements of Policy Analysis? Policy Lab Consent Applications are available at SLS Registrar https://registrar.law.stanford.edu/. Applications for this course will be available by February 28. Elements used in grading: TBA. Cross-listed with the Doerr School of Sustainability (SUSTAIN 212). Students admitted to SUSTAIN 212/LAW 809R will automatically receive a permission code to enroll LAW 809R in Axess. Admitted students wishing to enroll in SUSTAIN 212 should contact the instructor for a permission code to enroll in that course number.
Terms: Spr
| Units: 2
LAW 809S:
Policy Practicum: Hopi Tribe Appellate Court Assistance Project
Students will assist the client, the Hopi Tribal Appellate Court, in two separate tracks. Track 1 (Section 1): Law Clerks (3 credits, EL credit) (max 6 students): Students will serve as off-site law clerks to the Justices of the Hopi Tribal Appellate Court in Arizona. Law clerks will be assigned to a Justice with whom they will meet regularly to discuss their assignments. They will assist in preparing for oral arguments and drafting written decisions and any other assistance that the Justices require. Students will receive R-Paper Credit for their work. Track 2 (Section 02 R-credit & Section 03): Policy Research (2-3 credits, R credit option for 3 units) (max 6-8 students): Students will assist the Appellate Court in researching and developing internal policy documents. These matters may include assistance in creating rules of procedure and facilitating mediation and restorative justice methodologies. Students will present their research and findings to Justices at the end of the quarter. Students in this track may opt-in to the 3-credit R-paper track, which will require taking on an additional assignment. Both Tracks: Students in both tracks will travel to the Hopi Reservation and the Grand Canyon on April 18-21. SLS will cover flights, accommodation, and reasonable travel expenses. Attendance on this trip is required for students in the law clerk track and strongly encouraged for students in the policy track; applications from students able to commit to the trip will receive preference in admissions. Coursework or background in federal Indian law is helpful but not required. Students who sufficiently complete their work for our client will receive a mandatory pass. After the term begins, students accepted into the course can transfer from section 01 into section 02 (3 units, R-credit) or Section 03 (2 units), with consent of the instructor. Elements used in grading: Attendance, Class Performance, Class Participation, Written Assignments. This policy lab will be offered in future terms. We encourage students to participate in subsequent quarters if they can do so. CONSENT APPLICATION: To access Policy Lab Consent Applications go to link SLS Registrar https://registrar.law.stanford.edu/.
Terms: Spr
| Units: 2-3
| Repeatable
3 times
(up to 9 units total)
LAW 809T:
Policy Practicum: Building A Sustainable, Transparent, and Humane Food System
The modern food and agricultural system significantly impacts public health and the global environment. Agricultural practices have substantial climate impacts, affect water quality, and can contribute to antibiotic resistance and the emergence of novel pathogens. Yet policymakers' ability to consider and address these impacts has been limited by a lack of information, as agricultural operations are frequently exempted from disclosures and reporting required for other sectors. Working closely with the Stanford RegLab and the Stanford Climate and Energy Policy Program within the Woods Institute for the Environment, students in this policy practicum will explore several issues, with a specific focus on the California context. First, students will evaluate policy and legislative approaches to improve disclosures related to Senate Bill 27 -- a California law that limits the use of antibiotics among livestock. Second, students will assess how to improve transparency and disclosure at the intersection of climate and agriculture, including through potential application of California's new climate disclosure laws. No previous background or experience in food systems or environmental law is required. Class meetings will initially consist of both lectures and discussion of aspects of the modern food system, and then transition quarter to project-focused work and/or guest speakers. Throughout the quarter, students will have the opportunity to work closely with a variety of stakeholders, and students will likely have the opportunity to present directly to policy and legislative staff interested in implementing changes to improve food and agricultural governance in California. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments. CONSENT APPLICATION: To access Policy Lab Consent Applications go to link SLS Registrar https://registrar.law.stanford.edu/.
Terms: Spr
| Units: 2-3
| Repeatable
2 times
(up to 6 units total)
LAW 881:
Externship Companion Seminar
The practice of public interest law -- whether in the criminal or civil context, or a government or non-profit setting -- requires an attorney to consider a host of issues distinct from one in private practice. How should decisions be made about priorities with limited resources? Where an organization has a broad social justice mission, where does litigation on behalf of individual clients or a group of clients fit in? Prior to initiating litigation or advancing a defense, what quantum of evidence should an attorney require? What role, if any, should an attorney's personal beliefs play in a course of representation? Through directed supervision of their externships, as well as participation in weekly seminars, students will evaluate such questions in the context of their practical experience. Students are required to write weekly reflection papers of 2 to 3 pages. Elements used in grading: Attendance, class participation, weekly reflection papers and final reflection paper.
Terms: Aut, Win, Spr
| Units: 2
LAW 882:
Externship, Civil Law
Following approval of a student's application, the Civil Standard Externship Program (SEP) allows second and third year students to obtain academic credit for externing with select non-profit public interest, public policy, and government agencies for one quarter. The Civil SEP allows students to (a) gain experience in a field where a clinical course is not offered, or (b) pursue advanced work in an area of prior clinical practice. Students may extern for 20, 24, 30, or 34 hours per week. For a complete description of the Civil SEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Students participating in the Civil SEP must also concurrently enroll in the Externship Companion Seminar (Law 881). An externship that otherwise meets the criteria for obtaining EL credit will be approved for EL credit when the field placement provides specialized experience complementary to a student's intended career path and comparable benefits cannot be obtained through other EL coursework at Stanford. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of two to three pages. .
Terms: Aut, Win, Spr
| Units: 5-12
LAW 883:
Externship, Criminal Law
Following approval of a student's application, the Criminal Standard Externship Program (SEP) allows second and third year students to work for credit in criminal prosecutors' and defenders' offices for one quarter. Students may extern for 20, 24, 30, or 34 hours per week. For a complete description of the Criminal SEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0 . Students wishing to enroll in an externship must meet various requirements that are set out in the Handbook. Students participating in the Criminal SEP must also concurrently enroll in the Externship Companion Seminar. An externship that otherwise meets the criteria for obtaining EL credit will be approved for EL credit when the field placement provides specialized experience complementary to a student's intended career path and comparable benefits cannot be obtained through other EL coursework at Stanford. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of two to three pages.
Terms: Aut, Win, Spr
| Units: 5-12
LAW 884:
Externship, Special Circumstances
Following approval of a student's application, the Special Circumstances Externship Program (SCEP) allows second and third year students to work for credit for one quarter in non-profit public interest, public policy, and government agencies outside of the Bay Area. Standards for approval of a SCEP placement are similar to those for Directed Research proposals, although they are higher. Because there is a preference for local civil and criminal SEP placements (see Law 882 and Law 883), your SCEP proposal must explain (a) how it meets the goals of the externship program; and (b) why a similar project cannot be accomplished in one of the placements offered in the Bay Area. SCEP placements outside the Bay Area must be full-time. Students wishing to undertake a SCEP placement obtain the supervision of a faculty member who will oversee their externship and an accompanying tutorial. For a full description of the SCEP, students should read the Externship Handbook, which is available from the Levin Center for Public Service and Public Interest Law or online at: http://www.law.stanford.edu/organizations/programs-and-centers/john-and-terry-levin-center-for-public-service-and-public-interest-law/externship-program-0. Students wishing to enroll in an externship must meet the various requirements that are set out in the Handbook. An externship that otherwise meets the criteria for obtaining EL credit will be approved for EL credit when the field placement provides specialized experience complementary to a student's intended career path and comparable benefits cannot be obtained through other EL coursework at Stanford. Grading Elements used: Full participation and attendance, satisfactory evaluation by field placement supervisor, weekly reflection papers of three to five pages, and a final reflection paper of a length to be determined by your faculty supervisor.
Terms: Aut, Win, Spr
| Units: 12
Instructors: ;
Achiume, E. (PI);
Anand, E. (PI);
Brodie, J. (PI);
Engstrom, D. (PI);
Fagel, M. (PI);
Fisher, G. (PI);
Hensler, D. (PI);
Horne, C. (PI);
Karlan, P. (PI);
Klausner, M. (PI);
Linsenmayer, R. (PI);
Merino, J. (PI);
O'Connell, A. (PI);
Sklansky, D. (PI);
Strnad, J. (PI);
Sykes, A. (PI);
Thompson, B. (PI);
Trillin, A. (PI);
Weiner, A. (PI);
Weisberg, R. (PI);
Winn, M. (PI);
van Schewick, B. (PI)
LAW 902:
Advanced Community Law Clinic
The Advanced Community Law Clinic offers law students who already have some significant civil clinical experience the opportunity to work under supervision on more advanced projects and cases being handled by the Stanford Community Law Clinic, including litigation and other matters. Advanced Clinic students will also work with Clinical Supervising Attorneys to provide direction and guidance to those enrolled in the Community Law Clinic for the first time, in areas in which Advanced Clinic students have already acquired some expertise. In addition, Advanced Clinic students may function as team leaders on larger projects in which the Clinic is engaged. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Special Instructions: Completion of the Community Law Clinic (Law 902A,B,C) or its equivalent is a prerequisite for the advanced clinic. Elements used in grading: Participation, reflective paper and project.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 902A:
Community Law Clinic: Clinical Practice
Located off-campus in a community location at the border between Palo Alto and East Palo Alto, the Community Law Clinic is the closest thing to a traditional legal services office within the Mills Legal Clinic. Serving low-income individuals throughout the neighborhoods near Stanford, CLC is fundamentally a trial practice clinic, practicing in three distinct, but intertwined subject areas: (1) housing, (2) social security disability and public benefits, and (3) post-conviction relief. In addition to its off-campus location, hallmarks of the CLC practice include extensive client contact, civil litigation skills (motion practice, oral advocacy, fact investigation), and the fast pace that comes from being responsible for several matters at once. Each student represents clients in all three practice areas, allowing for a diverse experience with clients, opponents, and other system-actors. Students may also participate in larger policy and legislative efforts in the relevant subject matters. CLC work emphasizes students' embodying the role of a lawyer (as opposed to a policymaker, judge, or intern) and the development of communication, collaboration, time management, cultural humility and other skills necessary for any professional setting. After intensive training in weeks 1 and 2, the clinic curriculum includes two group seminar sessions per week and a once/week student-led case rounds session. CLC's off-campus location affords students a feel for daily life in the communities surrounding the Stanford campus, and the opportunity to form a close-knit and collaborative learning environment. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 902B:
Community Law Clinic: Clinical Methods
Located off-campus in a community location at the border between Palo Alto and East Palo Alto, the Community Law Clinic is the closest thing to a traditional legal services office within the Mills Legal Clinic. Serving low-income individuals throughout the neighborhoods near Stanford, CLC is fundamentally a trial practice clinic, practicing in three distinct, but intertwined subject areas: (1) housing, (2) social security disability and public benefits, and (3) post-conviction relief. In addition to its off-campus location, hallmarks of the CLC practice include extensive client contact, civil litigation skills (motion practice, oral advocacy, fact investigation), and the fast pace that comes from being responsible for several matters at once. Each student represents clients in all three practice areas, allowing for a diverse experience with clients, opponents, and other system-actors. Students may also participate in larger policy and legislative efforts in the relevant subject matters. CLC work emphasizes students' embodying the role of a lawyer (as opposed to a policymaker, judge, or intern) and the development of communication, collaboration, time management, cultural humility and other skills necessary for any professional setting. After intensive training in weeks 1 and 2, the clinic curriculum includes two group seminar sessions per week and a once/week student-led case rounds session. CLC's off-campus location affords students a feel for daily life in the communities surrounding the Stanford campus, and the opportunity to form a close-knit and collaborative learning environment. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 902C:
Community Law Clinic: Clinical Coursework
Located off-campus in a community location at the border between Palo Alto and East Palo Alto, the Community Law Clinic is the closest thing to a traditional legal services office within the Mills Legal Clinic. Serving low-income individuals throughout the neighborhoods near Stanford, CLC is fundamentally a trial practice clinic, practicing in three distinct, but intertwined subject areas: (1) housing, (2) social security disability and public benefits, and (3) post-conviction relief. In addition to its off-campus location, hallmarks of the CLC practice include extensive client contact, civil litigation skills (motion practice, oral advocacy, fact investigation), and the fast pace that comes from being responsible for several matters at once. Each student represents clients in all three practice areas, allowing for a diverse experience with clients, opponents, and other system-actors. Students may also participate in larger policy and legislative efforts in the relevant subject matters. CLC work emphasizes students' embodying the role of a lawyer (as opposed to a policymaker, judge, or intern) and the development of communication, collaboration, time management, cultural humility and other skills necessary for any professional setting. After intensive training in weeks 1 and 2, the clinic curriculum includes two group seminar sessions per week and a once/week student-led case rounds session. CLC's off-campus location affords students a feel for daily life in the communities surrounding the Stanford campus, and the opportunity to form a close-knit and collaborative learning environment. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, seminar preparation and participation, attendance, reflection papers and project.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
LAW 904:
Advanced Criminal Defense Clinic
Advanced clinic allows students who have taken the Criminal Defense Clinic to continue working on cases. Participation in case rounds is required. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical units during their law school career. Students must have taken Criminal Defense Clinic (Law 904A,B,C). Elements used in grading: Class participation, attendance, written assignments and case work. Instructor permission required.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 904A:
Criminal Defense Clinic: Clinical Practice
Students in the Criminal Defense Clinic become immersed in the world of indigent defense. Each student represents members of our community accused of crimes in the courts of Santa Clara and San Mateo Counties. Our state misdemeanor cases encompass a wide range of charges, such as drug use and possession, resisting arrest, and theft. Other state case assignments include working for people's pretrial release. Some quarters, our docket also includes federal cases in the Northern District of California. Clinic students are their clients' primary legal representatives in and out of court. Under close faculty supervision, students undertake investigation, interview witnesses, engage in plea negotiations, draft motions, conduct evidentiary hearings, and make other court appearances. Persuasive writing with rigorous faculty edits is a major component of the clinic. The Criminal Defense Clinic is an intensive, fast-paced, and demanding program of education and practical skills, taught through introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias, immigration consequences, economic disparities, and addiction. The goal of the Clinic is to train students how to conduct a criminal case while engaging in thoughtful reflection and providing holistic representation. The Clinic's broader goal is to provide lawyering skills and habits of mind transferrable to any student's chosen field of practice. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect, and compassion to use by serving people in a moment of great need. The emotional challenges of the Clinic's work are addressed through an integrated self-care curriculum. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office or other locations as directed during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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 them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments, case work including written or oral advocacy, and professionalism.
Terms: Win, Spr
| Units: 4
LAW 904B:
Criminal Defense Clinic: Clinical Methods
Students in the Criminal Defense Clinic become immersed in the world of indigent defense. Each student represents members of our community accused of crimes in the courts of Santa Clara and San Mateo Counties. Our state misdemeanor cases encompass a wide range of charges, such as drug use and possession, resisting arrest, and theft. Other state case assignments include working for people's pretrial release. Some quarters, our docket also includes federal cases in the Northern District of California. Clinic students are their clients' primary legal representatives in and out of court. Under close faculty supervision, students undertake investigation, interview witnesses, engage in plea negotiations, draft motions, conduct evidentiary hearings, and make other court appearances. Persuasive writing with rigorous faculty edits is a major component of the clinic. The Criminal Defense Clinic is an intensive, fast-paced, and demanding program of education and practical skills, taught through introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias, immigration consequences, economic disparities, and addiction. The goal of the Clinic is to train students how to conduct a criminal case while engaging in thoughtful reflection and providing holistic representation. The Clinic's broader goal is to provide lawyering skills and habits of mind transferrable to any student's chosen field of practice. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect, and compassion to use by serving people in a moment of great need. The emotional challenges of the Clinic's work are addressed through an integrated self-care curriculum. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office or other locations as directed during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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 them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments, case work including written or oral advocacy, and professionalism.
Terms: Win, Spr
| Units: 4
LAW 904C:
Criminal Defense Clinic: Clinical Coursework
Students in the Criminal Defense Clinic become immersed in the world of indigent defense. Each student represents members of our community accused of crimes in the courts of Santa Clara and San Mateo Counties. Our state misdemeanor cases encompass a wide range of charges, such as drug use and possession, resisting arrest, and theft. Other state case assignments include working for people's pretrial release. Some quarters, our docket also includes federal cases in the Northern District of California. Clinic students are their clients' primary legal representatives in and out of court. Under close faculty supervision, students undertake investigation, interview witnesses, engage in plea negotiations, draft motions, conduct evidentiary hearings, and make other court appearances. Persuasive writing with rigorous faculty edits is a major component of the clinic. The Criminal Defense Clinic is an intensive, fast-paced, and demanding program of education and practical skills, taught through introductory training and ongoing workshops and skills practicums. The Clinic also addresses broader systemic issues such as implicit bias, immigration consequences, economic disparities, and addiction. The goal of the Clinic is to train students how to conduct a criminal case while engaging in thoughtful reflection and providing holistic representation. The Clinic's broader goal is to provide lawyering skills and habits of mind transferrable to any student's chosen field of practice. While the work is often challenging and sometimes heartbreaking, it offers students a unique opportunity to put their skills, intellect, and compassion to use by serving people in a moment of great need. The emotional challenges of the Clinic's work are addressed through an integrated self-care curriculum. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office or other locations as directed during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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 them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Class participation, attendance, written assignments, case work including written or oral advocacy, and professionalism.
Terms: Win, Spr
| Units: 4
LAW 906A:
Criminal Prosecution Clinic: Clinical Practice
The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors and Professor George Fisher. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. Their cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug distribution, and a range of other 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 four full days a week--Mondays, Tuesdays, Thursdays, and Fridays--at the D.A.'s office or in court. There generally will be two class sessions each week: a three- or four-hour on-campus class on Wednesday mornings and a weekly lunch seminar at the D.A.'s office. Toward 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, our classroom focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race 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 San Quentin State Prison, FCI-Dublin (a federal women's 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. 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 fulltime for twelve credits. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not 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 daytime 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 on 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 onsite and faculty supervisors. Students are expected to be available by email or cellphone 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 much longer hours. Enrollment in a clinic is binding: Once a student has applied to and been selected by a clinic, the student may not drop the course except in rare 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 (fulltime or advanced) that would result in their earning more than twenty-seven clinical credits during their law school careers. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
LAW 906B:
Criminal Prosecution Clinic: Clinical Methods
The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors and Professor George Fisher. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. Their cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug distribution, and a range of other 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 four full days a week--Mondays, Tuesdays, Thursdays, and Fridays--at the D.A.'s office or in court. There generally will be two class sessions each week: a three- or four-hour on-campus class on Wednesday mornings and a weekly lunch seminar at the D.A.'s office. Toward 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, our classroom focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race 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 San Quentin State Prison, FCI-Dublin (a federal women's 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. 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 fulltime for twelve credits. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not 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 daytime 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 on 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 onsite and faculty supervisors. Students are expected to be available by email or cellphone 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 much longer hours. Enrollment in a clinic is binding: Once a student has applied to and been selected by a clinic, the student may not drop the course except in rare 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 (fulltime or advanced) that would result in their earning more than twenty-seven clinical credits during their law school careers. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
LAW 906C:
Criminal Prosecution Clinic: Clinical Coursework
The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors and Professor George Fisher. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. Their cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug distribution, and a range of other 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 four full days a week--Mondays, Tuesdays, Thursdays, and Fridays--at the D.A.'s office or in court. There generally will be two class sessions each week: a three- or four-hour on-campus class on Wednesday mornings and a weekly lunch seminar at the D.A.'s office. Toward 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, our classroom focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race 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 San Quentin State Prison, FCI-Dublin (a federal women's 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. 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 fulltime for twelve credits. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not 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 daytime 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 on 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 onsite and faculty supervisors. Students are expected to be available by email or cellphone 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 much longer hours. Enrollment in a clinic is binding: Once a student has applied to and been selected by a clinic, the student may not drop the course except in rare 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 (fulltime or advanced) that would result in their earning more than twenty-seven clinical credits during their law school careers. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Win
| Units: 4
LAW 908:
Advanced Environmental Law Clinic
The Advanced Environmental Law Clinic provides students who have already taken the Environmental Law Clinic the opportunity to continue intense individual project work. Advanced students often work on matters they worked on as full-time students, but they also have the chance to work on new matters and develop new skills. Advanced students work closely with supervising faculty on their designated projects and are expected to take increasing responsibility for managing their work and representing clients. In addition, advanced students often serve as mentors to less experienced full-time students and thereby receive training in basic team building and supervision. Advanced students may arrange to receive between two and seven units. No student may receive more than 27 total clinical units during the course of the student's law school career. Elements used in grading: TBA.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 908A:
Environmental Law Clinic: Clinical Practice
Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
Terms: Aut, Win
| Units: 4
LAW 908B:
Environmental Law Clinic: Clinical Methods
Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
Terms: Aut, Win
| Units: 4
LAW 908C:
Environmental Law Clinic: Clinical Coursework
Students enrolled in the Clinic provide legal assistance to national, regional and grassroots non-profit organizations on a variety of environmental issues, with a focus on complex natural resource conservation and biodiversity matters at the interface of law, science and policy. Working under the direct supervision of practicing environmental attorneys, Clinic students help screen new matters and potential clients; formulate strategies; research and develop factual and legal issues; and prosecute administrative and litigation proceedings. During the term, students may meet with clients, opposing counsel or agency decision-makers; review and prepare administrative records; develop expert testimony; draft comment letters, petitions, pleading or briefs; and/or attend and present arguments in administrative and court hearings. In regular one-on-one meetings with supervising faculty, there is a heavy emphasis on learning how to write persuasively and present oral arguments. Indeed, in any given quarter, our students typically prepare a mix of state and federal, and trial and appellate, court pleadings, and because all of our hearings during the academic year are conducted by students, many students also have the opportunity to present oral argument in front of one or more judges. In addition, students participate in a regular seminar where we examine strategic, ethical and substantive issues arising out of the Clinic's work. The Clinic is a particularly good place to learn how to conduct effective legal research, marshal facts in support of legal arguments, and, above all, write well. We practice at all levels of state and federal court and before many local, state and federal administrative agencies. Our work involves extensive motions practice and brief writing, and often involves administrative petitions and policy papers. Our work is inherently cross-disciplinary. No prior environmental experience or background is necessary, but an interest in learning about environmental and natural resources law is important. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, professionalism, timeliness, initiative, and follow-through on project work and other class requirements.
Terms: Aut, Win
| Units: 4
LAW 910:
Advanced Immigrants' Rights Clinic
The Immigrants' Rights Advanced Clinic offers the opportunity for students who have already successfully completed the Immigrants' Rights Clinic to pursue: a specific immigrants' rights advocacy project; advanced individual client representation; and/or working with the clinic director to provide direction/guidance to those enrolled in the Clinic for the first time. All advanced Clinic projects will be jointly designed by the director and the advanced student. Advanced students providing guidance/direction to first-time students will receive additional training on providing supervision. Special instructions: Advanced students are expected to attend the case-rounds portion of the weekly seminar, and to participate as needed in the lecture/discussion portion of the seminar. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Elements used in grading: Attendance and participation in class, project work, writing assignments, and case preparation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 910A:
Immigrants' Rights Clinic: Clinical Practice
The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, the federal district courts and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments. There are no prerequisites.
Terms: Aut, Spr
| Units: 4
LAW 910B:
Immigrants' Rights Clinic: Clinical Methods
The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, the federal district courts and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments. There are no prerequisites.
Terms: Aut, Spr
| Units: 4
LAW 910C:
Immigrants' Rights Clinic: Clinical Coursework
The Immigrants' Rights Clinic offers students the opportunity to represent immigrants before the San Francisco Immigration Court, the Board of Immigration Appeals, the federal district courts and the Ninth Circuit Court of Appeals. Students in the clinic conduct mini-trials in immigration court, write motions and appellate briefs, interview clients and witnesses, investigate facts, develop case strategy, and argue cases. The Clinic represents immigrants with past criminal convictions, asylum seekers, and survivors of domestic violence. All clinic students also work on a variety of impact litigation and advocacy projects to address federal government immigration enforcement practices at the national and local levels, including impact litigation to challenge prolonged immigration detention, local and state advocacy to limit enforcement activity by police, the creation of model pleadings and know your rights materials for immigrant detainees, and advocacy with the federal agencies that regulate immigration. No prior substantive experience or background in immigration or immigrants' rights work is necessary. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance and participation in class, case and project work and writing assignments. There are no prerequisites.
Terms: Aut, Spr
| Units: 4
LAW 912:
Advanced International Human Rights and Conflict Resolution Clinic
Advanced Clinic allows students that have already successfully completed the International Human Rights and Conflict Resolution Clinic to work on ongoing Clinic projects. All Advanced Clinic work plans will be jointly designed by the Clinic supervisor and the advanced student. Advanced students may arrange with the instructor to receive between two and four units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. There is no seminar component to Advanced Clinic and students in Advanced Clinic will not travel as part of Clinic project work. Elements used in grading: TBA.
Terms: Aut, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 912A:
International Human Rights and Conflict Resolution Clinic: Clinical Practice
In the past half-century, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse and practice. This Clinic gives students the opportunity to work directly with the actors and organizations behind this remarkable development as they navigate the vast challenges faced by human rights advocates and victims. In addition to operating within the human rights framework, students will also have occasion to study and contribute to efforts to resolve situations of tension and ongoing conflict using tools of transitional justice and conflict mitigation. The course aims to help students develop a broad range of multidisciplinary human rights advocacy skills--including factual documentation; litigation before national, regional, and international institutions; community empowerment strategies; and client enfranchisement and representation--through in-class sessions, role play exercises, and engagement in, and critical assessment of, clinical projects in human rights. This Clinic involves both a weekly seminar as well as work directly with clients and partner organizations (i.e. Clinic Projects). Together, these experiences give students the chance to reflect upon a number of foundational questions including: What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? Students will also be confronted with the ethical and strategic issues that arise in the course of doing human rights work and balancing the often differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. In some sessions, part of the class will be devoted to presentations by students and clinical rounds in line with greater Mills Legal Clinic model. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the Clinic. During the course of the quarter, in addition to their work for their clients and partners, students will also be required to write several short, critical reflection papers or thought pieces (2-4 pages, double-spaced, or 500-1,000 words) on the readings, their Clinic Project(s), and/or human rights events on campus. Special Instructions: General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. As a general rule, students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work/projects (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical work product (i.e., the students' substantive contributions); clinical methods (which includes consideration of the students' lawyering skills, leadership, and professionalism); and clinical coursework (which focuses on the students' seminar participation, simulations, and reflection papers). Grading is pursuant to the H/P system. Elements used in grading include: Attendance, class participation, written assignments, professionalism, ability to work with others successfully, creative thinking, peer review, and commitment to the clinical enterprise. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and the 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Aut, Spr
| Units: 4
LAW 912B:
International Human Rights and Conflict Resolution Clinic: Clinical Methods
In the past half-century, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse and practice. This Clinic gives students the opportunity to work directly with the actors and organizations behind this remarkable development as they navigate the vast challenges faced by human rights advocates and victims. In addition to operating within the human rights framework, students will also have occasion to study and contribute to efforts to resolve situations of tension and ongoing conflict using tools of transitional justice and conflict mitigation. The course aims to help students develop a broad range of multidisciplinary human rights advocacy skills--including factual documentation; litigation before national, regional, and international institutions; community empowerment strategies; and client enfranchisement and representation--through in-class sessions, role play exercises, and engagement in, and critical assessment of, clinical projects in human rights. This Clinic involves both a weekly seminar as well as work directly with clients and partner organizations (i.e. Clinic Projects). Together, these experiences give students the chance to reflect upon a number of foundational questions including: What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? Students will also be confronted with the ethical and strategic issues that arise in the course of doing human rights work and balancing the often differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. In some sessions, part of the class will be devoted to presentations by students and clinical rounds in line with greater Mills Legal Clinic model. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the Clinic. During the course of the quarter, in addition to their work for their clients and partners, students will also be required to write several short, critical reflection papers or thought pieces (2-4 pages, double-spaced, or 500-1,000 words) on the readings, their Clinic Project(s), and/or human rights events on campus. Special Instructions: General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. As a general rule, students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work/projects (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical work product (i.e., the students' substantive contributions); clinical methods (which includes consideration of the students' lawyering skills, leadership, and professionalism); and clinical coursework (which focuses on the students' seminar participation, simulations, and reflection papers). Grading is pursuant to the H/P system. Elements used in grading include: Attendance, class participation, written assignments, professionalism, ability to work with others successfully, creative thinking, peer review, and commitment to the clinical enterprise. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and the 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Aut, Spr
| Units: 4
LAW 912C:
International Human Rights and Conflict Resolution Clinic: Clinical Coursework
In the past half-century, human rights advocates have transformed a marginal utopian ideal into a central element of global discourse and practice. This Clinic gives students the opportunity to work directly with the actors and organizations behind this remarkable development as they navigate the vast challenges faced by human rights advocates and victims. In addition to operating within the human rights framework, students will also have occasion to study and contribute to efforts to resolve situations of tension and ongoing conflict using tools of transitional justice and conflict mitigation. The course aims to help students develop a broad range of multidisciplinary human rights advocacy skills--including factual documentation; litigation before national, regional, and international institutions; community empowerment strategies; and client enfranchisement and representation--through in-class sessions, role play exercises, and engagement in, and critical assessment of, clinical projects in human rights. This Clinic involves both a weekly seminar as well as work directly with clients and partner organizations (i.e. Clinic Projects). Together, these experiences give students the chance to reflect upon a number of foundational questions including: What are the origins of the human rights movement and where is it headed? What does it mean to be a human rights activist? What are the main challenges and dilemmas facing those engaged in rights promotion and defense? How is conflict resolution consistent with human rights advocacy? When and where are these approaches in tension? Students will also be confronted with the ethical and strategic issues that arise in the course of doing human rights work and balancing the often differing agendas of western international nongovernmental organizations (INGOs) and their counterparts in the (frequently non-western) developing world. In some sessions, part of the class will be devoted to presentations by students and clinical rounds in line with greater Mills Legal Clinic model. These presentations will consider one or more issues that arise in the course of students' own engagement in advocacy projects through the Clinic. During the course of the quarter, in addition to their work for their clients and partners, students will also be required to write several short, critical reflection papers or thought pieces (2-4 pages, double-spaced, or 500-1,000 words) on the readings, their Clinic Project(s), and/or human rights events on campus. Special Instructions: General Structure of Clinical Courses. The Law School's clinical courses are offered on a full-time basis for 12 units. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. As a general rule, students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work/projects (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical work product (i.e., the students' substantive contributions); clinical methods (which includes consideration of the students' lawyering skills, leadership, and professionalism); and clinical coursework (which focuses on the students' seminar participation, simulations, and reflection papers). Grading is pursuant to the H/P system. Elements used in grading include: Attendance, class participation, written assignments, professionalism, ability to work with others successfully, creative thinking, peer review, and commitment to the clinical enterprise. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and the 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.
Terms: Aut, Spr
| Units: 4
LAW 914:
Advanced Juelsgaard Intellectual Property and Innovation Clinic
Advanced clinic allows students who have taken the Advanced Juelsgaard Intellectual Property and Innovation Clinic to continue working on cases. Advanced clinic may be taken for 2-7 units. Students may not enroll in any clinic (basic or advanced) which would result in them earning more than 27 clinical units during their law school career. Elements used in grading: TBA.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 914A:
Juelsgaard Intellectual Property and Innovation Clinic: Clinical Practice
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to help shape the course and outcome of significant legal and policy debates before courts, regulatory bodies, legislators, and other policy makers. Students in the clinic engage in hands-on representation of clients in cutting-edge matters involving IP (copyright, patent, and trademark) and other laws and technology policy that affect innovation, such as online speech and content moderation, antitrust, pharmaceutical regulation, privacy, cybersecurity, net neutrality, and more. They draft amicus briefs for the Supreme Court or federal appellate and district courts, or pursue litigation in district court, or submit detailed comments and live testimony in rulemaking proceedings before the FCC, Copyright Office, PTO, FDA, FTC, and other agencies. Students also provide counseling and legal advice to help their clients solve complex tech, IP or other innovation-related legal, technical, and business problems. Students may draft public-facing policy whitepapers or "best practices" documents to influence tech policy in ways that benefit innovators and innovation. Throughout the quarter, clinic student engage with and seek to understand the role that race, racism, and structural inequality play in the development, deployment, use, and regulation of technology, and advocate for antiracist policies, laws, and regulations. Our clients are non-profits and advocacy organizations; groups of innovators, entrepreneurs, technology users/consumers, legal academics, computer scientists, or technologists; or sometimes individual entrepreneurs, startups, biohackers, media critics, or open-source advocates, among others. Students' work ranges across tech areas such as internet/information technology, biotech, pharmaceuticals, and online speech and media. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate advocacy for their clients. The bi-weekly clinic seminar focuses on student-led workshops regarding client projects, and on engaging with current thinking around race, technology, and the legal system; innovation and innovation economics; and the impact of IP, antitrust, and other law and regulation on innovation. Students will critically examine the role of lawyers advocating for the public interest, for racial justice and reforms to the legal system, and for sound and sensible innovation policy outcomes. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic.--Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
Terms: Win, Spr
| Units: 4
LAW 914B:
Juelsgaard Intellectual Property and Innovation Clinic: Clinical Methods
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to help shape the course and outcome of significant legal and policy debates before courts, regulatory bodies, legislators, and other policy makers. Students in the clinic engage in hands-on representation of clients in cutting-edge matters involving IP (copyright, patent, and trademark) and other laws and technology policy that affect innovation, such as online speech and content moderation, antitrust, pharmaceutical regulation, privacy, cybersecurity, net neutrality, and more. They draft amicus briefs for the Supreme Court or federal appellate and district courts, or pursue litigation in district court, or submit detailed comments and live testimony in rulemaking proceedings before the FCC, Copyright Office, PTO, FDA, FTC, and other agencies. Students also provide counseling and legal advice to help their clients solve complex tech, IP or other innovation-related legal, technical, and business problems. Students may draft public-facing policy whitepapers or "best practices" documents to influence tech policy in ways that benefit innovators and innovation. Throughout the quarter, clinic student engage with and seek to understand the role that race, racism, and structural inequality play in the development, deployment, use, and regulation of technology, and advocate for antiracist policies, laws, and regulations. Our clients are non-profits and advocacy organizations; groups of innovators, entrepreneurs, technology users/consumers, legal academics, computer scientists, or technologists; or sometimes individual entrepreneurs, startups, biohackers, media critics, or open-source advocates, among others. Students' work ranges across tech areas such as internet/information technology, biotech, pharmaceuticals, and online speech and media. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate advocacy for their clients. The bi-weekly clinic seminar focuses on student-led workshops regarding client projects, and on engaging with current thinking around race, technology, and the legal system; innovation and innovation economics; and the impact of IP, antitrust, and other law and regulation on innovation. Students will critically examine the role of lawyers advocating for the public interest, for racial justice and reforms to the legal system, and for sound and sensible innovation policy outcomes. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic.--Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
Terms: Win, Spr
| Units: 4
LAW 914C:
Juelsgaard Intellectual Property and Innovation Clinic: Clinical Coursework
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to help shape the course and outcome of significant legal and policy debates before courts, regulatory bodies, legislators, and other policy makers. Students in the clinic engage in hands-on representation of clients in cutting-edge matters involving IP (copyright, patent, and trademark) and other laws and technology policy that affect innovation, such as online speech and content moderation, antitrust, pharmaceutical regulation, privacy, cybersecurity, net neutrality, and more. They draft amicus briefs for the Supreme Court or federal appellate and district courts, or pursue litigation in district court, or submit detailed comments and live testimony in rulemaking proceedings before the FCC, Copyright Office, PTO, FDA, FTC, and other agencies. Students also provide counseling and legal advice to help their clients solve complex tech, IP or other innovation-related legal, technical, and business problems. Students may draft public-facing policy whitepapers or "best practices" documents to influence tech policy in ways that benefit innovators and innovation. Throughout the quarter, clinic student engage with and seek to understand the role that race, racism, and structural inequality play in the development, deployment, use, and regulation of technology, and advocate for antiracist policies, laws, and regulations. Our clients are non-profits and advocacy organizations; groups of innovators, entrepreneurs, technology users/consumers, legal academics, computer scientists, or technologists; or sometimes individual entrepreneurs, startups, biohackers, media critics, or open-source advocates, among others. Students' work ranges across tech areas such as internet/information technology, biotech, pharmaceuticals, and online speech and media. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate advocacy for their clients. The bi-weekly clinic seminar focuses on student-led workshops regarding client projects, and on engaging with current thinking around race, technology, and the legal system; innovation and innovation economics; and the impact of IP, antitrust, and other law and regulation on innovation. Students will critically examine the role of lawyers advocating for the public interest, for racial justice and reforms to the legal system, and for sound and sensible innovation policy outcomes. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic.--Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work.
Terms: Win, Spr
| Units: 4
LAW 916:
Advanced Organizations and Transactions Clinic
Advanced clinic allows students who have taken the Organizations & Transactions Clinic to work on ongoing projects. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical credits, however, during the course of the student's law school career. Students must have taken Organizations & Transactions Clinic (Law 916). Elements used in grading: Written assignments and client interactions.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 916A:
Organizations and Transactions Clinic: Clinical Practice
The O&T Clinic is Stanford's only corporate experiential course involving representation of real clients. We're designed for both students interested in M&A, capital markets, emerging company, tech transactions or other corporate work, and those wanting to explore a non-litigation, advisory-oriented practice. Prior experience in business or corporate law is welcome but not necessary. Students represent multiple clients during the term. Our clients are all established nonprofit corporations. Most generate annual revenues in the range of $1 - $100 million, and some are larger. These clients have boards of directors, run complex programs, own brands and other intellectual property, and engage in a range of transactions, yet are small enough that our contact is almost always the CEO, CFO, general counsel, or other senior executive. O&T client engagements provide students with opportunities to assess facts; develop advice; read and write contracts, corporate governance materials, emails and other client communications; lead meetings and calls with clients; collaborate with colleagues; and manage projects. Our practice is document-intensive and service-oriented; we focus on clear communication and crisp execution. Students also see the many ways corporate lawyers can carry out pro bono work. The course includes a class that meets twice a week. Class meetings center on student-led workshops regarding client projects and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Guests often join us; those are occasions for informal conversations with in-house counsels, law firm partners, and other experts. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus sets out specific evaluation criteria in supporting student development and evaluating student performance. These criteria are organized into the following categories: figuring things out; working with documents; working with other people; executing crisply; and learning and getting better.
Last offered: Spring 2023
| Units: 4
LAW 916B:
Organizations and Transactions Clinic: Clinical Methods
The O&T Clinic is Stanford's only corporate experiential course involving representation of real clients. We're designed for both students interested in M&A, capital markets, emerging company, tech transactions or other corporate work, and those wanting to explore a non-litigation, advisory-oriented practice. Prior experience in business or corporate law is welcome but not necessary. Students represent multiple clients during the term. Our clients are all established nonprofit corporations. Most generate annual revenues in the range of $1 - $100 million, and some are larger. These clients have boards of directors, run complex programs, own brands and other intellectual property, and engage in a range of transactions, yet are small enough that our contact is almost always the CEO, CFO, general counsel, or other senior executive. O&T client engagements provide students with opportunities to assess facts; develop advice; read and write contracts, corporate governance materials, emails and other client communications; lead meetings and calls with clients; collaborate with colleagues; and manage projects. Our practice is document-intensive and service-oriented; we focus on clear communication and crisp execution. Students also see the many ways corporate lawyers can carry out pro bono work. The course includes a class that meets twice a week. Class meetings center on student-led workshops regarding client projects and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Guests often join us; those are occasions for informal conversations with in-house counsels, law firm partners, and other experts. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus sets out specific evaluation criteria in supporting student development and evaluating student performance. These criteria are organized into the following categories: figuring things out; working with documents; working with other people; executing crisply; and learning and getting better.
Last offered: Spring 2023
| Units: 4
LAW 916C:
Organizations and Transactions Clinic: Clinical Coursework
The O&T Clinic is Stanford's only corporate experiential course involving representation of real clients. We're designed for both students interested in M&A, capital markets, emerging company, tech transactions or other corporate work, and those wanting to explore a non-litigation, advisory-oriented practice. Prior experience in business or corporate law is welcome but not necessary. Students represent multiple clients during the term. Our clients are all established nonprofit corporations. Most generate annual revenues in the range of $1 - $100 million, and some are larger. These clients have boards of directors, run complex programs, own brands and other intellectual property, and engage in a range of transactions, yet are small enough that our contact is almost always the CEO, CFO, general counsel, or other senior executive. O&T client engagements provide students with opportunities to assess facts; develop advice; read and write contracts, corporate governance materials, emails and other client communications; lead meetings and calls with clients; collaborate with colleagues; and manage projects. Our practice is document-intensive and service-oriented; we focus on clear communication and crisp execution. Students also see the many ways corporate lawyers can carry out pro bono work. The course includes a class that meets twice a week. Class meetings center on student-led workshops regarding client projects and on orientation to corporate practice, including discussion of core commercial relationships such as acquisition, credit, and licensing, and practice skills such as transaction planning and management. Guests often join us; those are occasions for informal conversations with in-house counsels, law firm partners, and other experts. Information about prior projects is available from the instructors and on the SLS website. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: The syllabus sets out specific evaluation criteria in supporting student development and evaluating student performance. These criteria are organized into the following categories: figuring things out; working with documents; working with other people; executing crisply; and learning and getting better.
Last offered: Spring 2023
| Units: 4
LAW 918:
Advanced Religious Liberty Clinic
Advanced clinic allows students who have taken the Religious Liberty Clinic to continue working on cases. Participation in rounds is required. Advanced clinic may be taken for 2-7 units; general rule of thumb is 4 hours of work per week per unit. Students may not enroll in any clinic (basic or advanced) which would result in earning more than 27 clinical units during their law school enrollment. Elements used in grading: Class participation, written assignments, and case work. Students must have taken Religious Liberty Clinic.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 918A:
Religious Liberty Clinic: Practice
The Religious Liberty Clinic is the leading clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
Terms: Win, Spr
| Units: 4
LAW 918B:
Religious Liberty Clinic: Clinical Methods
The Religious Liberty Clinic is the leading clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
Terms: Win, Spr
| Units: 4
LAW 918C:
Religious Liberty Clinic: Clinical Coursework
The Religious Liberty Clinic is the leading clinic of its kind in the country. The landmark program offers participating students a full-time, first-chair experience representing a diverse group of clients in legal disputes arising from a wide range of beliefs, practices, and circumstances. Students learn in class and engage through reflective and supervised practice the laws, norms, and limits affecting the exercise of religious freedom in a pluralistic society. Students are expected to counsel individual or institutional clients and litigate on their behalf with excellence, professionalism, and maturity. In clinic, students typically handle an accommodation project - e.g., represent a prisoner, student, or employee facing obstacles in the exercise of faith - as well as a longer-term litigation or development matter - e.g., represent a small church, synagogue, or mosque with zoning issues, or an individual challenging state preferences for particular beliefs. Opportunities to draft amicus briefs also arise. The clinic involves agency, trial, and appellate practice - though time constraints may not permit each student to work in all areas - under the empowering supervision of faculty and staff. Students work in assigned case teams but are also encouraged to help develop new clients and matters. Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Clinical case/project work, clinical performance, seminar preparation and participation.
Terms: Win, Spr
| Units: 4
LAW 920:
Advanced Supreme Court Litigation Clinic
The Advanced Supreme Court Litigation Clinic provides an opportunity for students who have already successfully completed the Supreme Court Litigation Clinic to continue their work in the Clinic. Work includes research and drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting on drafts of briefs being filed by lawyers in other cases. Advanced students will also continue to participate in the Clinic's discussion of cases during case rounds. For a more elaborate description of the clinic's content, see the course description for Course Number 436-0-01. Special instructions: Admission is by consent of instructor. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Students have the option to receive R credit upon instructor approval. 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: Projects and participation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 920A:
Supreme Court Litigation Clinic: Clinical Practice
The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
Terms: Aut, Spr
| Units: 4
LAW 920B:
Supreme Court Litigation Clinic: Clinical Methods
The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
Terms: Aut, Spr
| Units: 4
LAW 920C:
Supreme Court Litigation Clinic: Clinical Coursework
The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors will not ask students to do any kind of "grunt work" that they themselves will not also be handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. - - Special instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Written work, editing of other student's written work, attendance, class and moot court participation.
Terms: Aut, Spr
| Units: 4
LAW 922:
Advanced Youth and Education Advocacy Clinic
The Youth and Education Advocacy Advanced Clinic provides an opportunity for students who have already successfully completed the Education Advocacy Clinic to continue their advocacy work in the Clinic and/or to pursue a discrete project related to educational equity advocacy. Examples of projects include strategic policy research and management consulting for public education institutions on specific topics (e.g., accountability programs, community outreach and engagement, school climate); investigation and preparation for impact litigation; and community education and outreach on a specific education-related issue. All projects will be jointly designed by the instructor and the advanced student. Advanced students will also continue to participate in the Clinic's discussion of cases during case rounds. Special instructions: Admission is by consent of instructor. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Elements used in grading: Projects and class participation.
Terms: Aut, Win, Spr
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 922A:
Youth and Education Law Project: Clinical Practice
The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with coalitions and/or other education-sector agencies to advance equity-minded educational policies and school reform. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational rights case on behalf of Native American students. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaborations with non-profit clients. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the instructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. -- Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. -- The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. -- Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. --The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. -- For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. -- Cross listed with the School of Education. -- Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C).
Last offered: Spring 2023
| Units: 4
LAW 922B:
Youth and Education Law Project: Clinical Methods
The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with coalitions and/or other education-sector agencies to advance equity-minded educational policies and school reform. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational rights case on behalf of Native American students. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaborations with non-profit clients. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the instructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. -- Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. -- The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. -- Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. --The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. -- For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. -- Cross listed with the School of Education. -- Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C).
Last offered: Spring 2023
| Units: 4
LAW 922C:
Youth and Education Law Project: Clinical Coursework
The Youth and Education Advocacy Clinic offers students the opportunity to participate in a wide variety of educational rights and reform work, including direct representation of youth and families in special education and school discipline matters, community outreach and education, school reform litigation, and/or strategic policy research and consulting. All students will have an opportunity to represent elementary and high school students with disabilities in special education proceedings, to represent students in school discipline proceedings, or to work with coalitions and/or other education-sector agencies to advance equity-minded educational policies and school reform. Students working on special education matters will have the opportunity to handle all aspects of their clients' cases. Students working in this area will interview and counsel clients, investigate and develop facts, work with medical and mental health professionals and experts, conduct legal and educational research, create case plans, and represent clients at individual education program (IEP) team meetings, mediation or special education due process hearings. This work will offer students a chance to study the relationship between individual special education advocacy and system-wide reform efforts such as impact litigation. Students working on school discipline matters will interview and counsel clients, investigate and develop facts, interview witnesses, conduct legal and educational research, create case plan, and represent clients at school discipline hearings such as expulsion hearings. Such hearings provide the opportunity to present oral and written argument, examine witnesses, and present evidence before a hearing officer. If appropriate and necessary, such proceedings also present the opportunity to represent students on appeal before the school district board of trustees or the county board of education. Students may also have the opportunity to participate in complex school reform litigation, including the monitoring and enforcement of a consent decree and corrective action plan in an ongoing special education lawsuit or appellate and trial work in a pathbreaking educational rights case on behalf of Native American students. Finally, students who are interested in strategic policy research and management consulting on behalf of public education institutional clients (school districts, charter schools, state education agencies) will have the opportunity to participate in the multi-disciplinary collaborations with non-profit clients. The education clinic includes a one-week intensive training program held at the beginning of the quarter, weekly seminars that focus on legal skills and issues in law and education policy, regular case review, and a many opportunities for feedback and reflection with the instructors. Admission is by consent of instructor. Special Instructions: General Structure of Clinical Courses -- The Law School's clinical courses are offered on a full-time basis for 12 units. This 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 classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. -- Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. -- The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend a few inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four units. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. -- Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course 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) which would result in them earning more than 27 clinical units during their law school career. --The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. -- For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. -- Cross listed with the School of Education. -- Elements used in grading: Projects and class participation. (Cross-listed with EDUCATION 334 A,B,C).
Last offered: Spring 2023
| Units: 4
LAW 924:
Advanced Racial Justice Pilot Project Clinic
The Racial Justice Pilot Project provides the opportunity for students who have completed a Mills Legal Clinic offering to pursue advanced clinical work on a racial justice project. The project work will center race and involve collaboration with existing clinics. Students may have the opportunity to develop new projects with the clinical instructor. The instructor will work with students to determine the appropriate unit load based on program projects. Special Instructions: Advanced students will be required to participate in weekly rounds and supervision, and there may be seminar sessions to provide useful background for the project work. Advanced students may arrange with the instructor to receive between two and seven units. No student may receive more than 27 overall clinical units, however, during the course of the student's law school career. Elements used in grading: Attendance and participation in class, project work, and writing assignments.
Last offered: Spring 2023
| Units: 2-7
| Repeatable
7 times
(up to 15 units total)
LAW 1001:
Antitrust
Antitrust law sets the ground rules for competition. This class provides an introduction to federal antitrust law. We will examine cartels and competitor collaborations, monopolization, vertical restraints and horizontal mergers. The class prepares you to apply antitrust law in practice. Who should take this class: If you are interested in clerking, working at the Department of Justice, the Federal Trade Commission, or state antitrust agencies, law firms, public interest groups, or in Congress; business law; reining in the market power of large internet companies; or simply curious about antitrust law, this class is for you. There are no prerequisites for this course. No economic background is required. The course is open to GSB students and graduate students in the Economics Department. To apply for this course, non-Law students must complete a Non-Law Student Add Request Form available on the SLS Registrar's Office website (see Non-Law Students). Elements used in grading: Class participation, attendance, and final quiz.
Terms: Spr
| Units: 4
LAW 1002:
Advanced Antitrust: Hot Topics
There is more focus today on antitrust enforcement and competition policy than at any point in recent memory. This two-credit advanced antitrust seminar, taught by Obama's Assistant Attorney General for Antitrust (2013-16), examines topics that have the current attention of the courts, enforcers, academicians, elected officials and the public: Is the consumer welfare standard the right measure for determining injury to consumers and competition in a 21st Century economy? Is the Chicago School preference for erring on the side of underenforcement justified? Did the Supreme Court in American Express get it right in analyzing anticompetitive effects in two-sided platforms? Are the current allegations of monopoly maintenance by Google, Facebook, Amazon and Apple meritorious or simply an effort by others to punish success? Does current merger law adequately address the competitive consequences of acquisitions of nascent competitors by dominant firms and the risks associated with vertical acquisitions by dominant firms? How should the courts balance the rights of holders of standard essential patents against those of implementors? Which of the antitrust reforms being debated in Congress make sense? Expect guest appearances from one or more practitioners knowledgeable about these issues. This course is open to anyone who has taken Antitrust Law 1001 and to others with permission of the instructor. Enrollment is limited to 16 students. Elements used in grading: class participation, including helping lead one of the discussion topics, and a 10-15 page paper picking an issue discussed in the seminar and arguing a side. 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.
Last offered: Winter 2022
| Units: 2
LAW 1003:
Bankruptcy
This course concerns the law and finance of corporate bankruptcy with an emphasis on reorganization. The course reviews the fundamentals of debt contracting, including the role of events of default, debt priority, and security interests. The course examines various aspects of the bankruptcy process: including the automatic stay, the avoidance of prebankruptcy transactions (e.g. fraudulent conveyances and preferences), the treatment of executory contracts, the debtor's governance structure during bankruptcy, the financing of operations and investments in bankruptcy, sales of assets during bankruptcy, and the process of negotiating, voting, and ultimately confirming a plan of reorganization. Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section 01 (final exam) into section 02 (final paper), with consent of the instructor. Elements use in grading: Class participation; and exam or paper.
Terms: Spr
| Units: 3
LAW 1004:
Comparative Corporate Law and Governance
From the United States to China, and from Brazil to the EU, corporate capitalism has triumphed globally as the dominant form of economic organization. Yet despite the common attributes of the corporation familiar to every U.S. law student, corporations around the world have diverse ownership structures, interact in their domestic political economies in different ways, and exhibit a host of traits that vary with the institutional context in which they operate. This seminar explores the many forms corporate capitalism takes around the world, the forces that shape domestic corporate law and governance in major countries, and the important legal and policy issues raised by global corporate activity. We will explore the rise of "agency capitalism" in the U.S. and the proliferation of new forms of corporate ownership around the world, the emergence of Chinese state capitalism and its legal and policy consequences, efforts to reform Japanese stakeholder-oriented capitalism, and the emergence of hybrid forms of business organization designed to pursue both profits and social benefits. Policy issues to be considered include the "social responsibility" or "purpose" of the corporation, the national security implications of foreign investment by state-owned enterprises, and the consequences of global hedge fund activism. Special Instructions: This class is limited to 15 law students by lottery. Depending on demand, additional students may be admitted with consent of the instructor. Interested students not admitted through the lottery process are encouraged to contact the instructor about the possibility of enrollment. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Presentation.
Last offered: Winter 2019
| Units: 2
LAW 1005:
Comparative Venture Capital - China
(Formerly Law 736) This course is taught in conjunction with Law 1006. Students may enroll for this course alone or for both this course and Law 1006. Law 1005 is intended to introduce students to the legal and financial principles underlying venture capital investment in start-up enterprises and innovative technologies. A special emphasis of this course will be a comparative analysis of the ways in which the various legal and financial structures employed by venture capitalists are replicated in other legal environments, with a focus on the largest venture capital and IPO market in the world - China. The first eight weeks of the course will coincide with the first eight weeks of Winter Quarter, and will be conducted at Stanford Law School. Class sessions will be comprised of lectures regarding the basic concepts and structures, as well as seminar discussions with venture capital industry participants. Elements used in grading: Final exam, attendance and class participation. Special Instructions: Enrollment in the Beijing option is limited to 12 students (See Law 1006 for application instructions and deadline).
Last offered: Winter 2018
| Units: 2
LAW 1006:
Comparative Venture Capital - China: Field Study
(Formerly Law 736A) This is the Stanford Center at Peking University in Beijing component of Comparative Venture Capital - China (Law 1005). For details, see course description for Law 1006. During spring break 2017, the course will be held at the Stanford Center at Peking University in Beijing, and will consist of meetings and seminars with lawyers, entrepreneurs, and venture capitalists active in the Chinese venture capital market. Students will also tour start-up enterprises made possible with venture investments. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and a visa to travel to Beijing. Elements used in grading: class participation and short writing 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.
Last offered: Winter 2018
| Units: 1
LAW 1007:
Contracts: American Law
This course will provide advanced-degree students with coverage of Contracts law comparable to the fall course offered for first-year JD students. The course will identify the scope and purpose of the legal protection accorded to interests created by voluntary undertakings. We will focus on problems of contract formation, enforceability, interpretation, performance and excuses for non-performance, and remedies for breach. The course will cover both the U.S. common law of contracts and the basics of UCC Article 2 (sales of goods). Not open to JD students. Open only to students in the SLS Advanced Degree Programs. Elements used in grading: Class Participation, Attendance, Final Exam.
Terms: Win
| Units: 4
LAW 1008:
Contract Design: Principles and Practice
Contract Design: Principles and Practice (1008): (Formerly Law 434) Transaction lawyers spend much time drafting contracts and related documents, and they can contribute very significant value by designing transactions. While transactions should be tailored to the goals and circumstances of each set of parties, there are general principles that guide the design process, even as the technology of contracting is evolving (through automated and smart contracting). This seminar combines discussion of academic scholarship with examples of real-world examples of design challenges (such as in franchising, construction, corporate acquisition, loan or data use agreements). Students will be required to write and present a paper, and encouraged to focus on a specific contracting challenge. Elements used in grading: Class participation (20%) and an independent research paper for "R" (Research credit).
Last offered: Spring 2019
| Units: 2
LAW 1009:
Corporate Finance I
The course discusses the major financial decisions made by corporate managers and investors. Topics include criteria for making investment decisions, valuation of financial assets and liabilities, relationship between risk and return, capital structure choice, payout policy, introduction to derivative securities, and the concept of efficient financial markets. The goal of the course is to explore the general principles and then apply them in scenarios relevant to the practice of corporate law and in litigation. Evaluation will be based on a final exam (60%) and problem sets (40%). Class will be taught as a combination of lecture (by the instructor and invited guest speakers) and in-class applied practical activities.
Terms: Win
| Units: 3
LAW 1010:
Corporate Income Taxation
This course will cover the basic principles and rules regarding the taxation of domestic corporations. Prerequisite: LAW 1029 Taxation 1. Students must contact the instructor if they wish to have the prerequisite substituted or waived. Elements used in grading: attendance, class participation and final exam.
Last offered: Spring 2022
| Units: 3
LAW 1011:
Advanced Corporate Finance
Lawyers often need an advanced understanding of corporate financial decisions, instruments, and transactions, including equity financing and initial public offerings, the determination of a firm's cost of capital, valuation, payout policy, recapitalizations and bankruptcy, mergers and acquisitions, and the market for corporate control. Advanced Corporate Finance introduces these topics by lecture and then explores them through detailed analysis of actual cases. This structure maximizes the synergy between theory and practice, providing students with portable, durable, and marketable tools for their careers. Legal considerations that arise in the execution of these corporate financial decisions include mandatory disclosure requirements, the issuance of dual class shares, charges of anticompetitive practices, taxation, appraisal cases and fairness opinions, takeover defenses and fiduciary duty challenges, contractual provisions in merger agreements, insider trading, and Chapter 11 bankruptcy proceedings. This class rigorously advances both conceptual and practical/analytical understanding. The knowledge gained will facilitate professional dealings with chief executive officers and chief financial officers, boards of directors, investment bankers, consultants, portfolio and investment managers, venture capitalists, and private equity investors. Prerequisite: Corporate Finance I (Law 1009) or Introduction to Finance (Law 1036) or equivalent background with professor permission. Elements used in grading: class participation and final exam.
Last offered: Spring 2021
| Units: 3
LAW 1012:
Corporate Reorganization
This course examines reorganization of a company under Chapter 11 of the Bankruptcy Code. We will examine reorganization through several stages of a business turnaround and restructuring (such as an out-of-court workout, a Chapter 11 filing, selected Chapter 11 operating issues, and the Chapter 11 plan of reorganization). We will also consider a few controversial issues that test the boundaries of bankruptcy law. For example, should a debtor have virtually unfettered discretion to choose any district (or any judge) for its Chapter 11 case? To what extent does Chapter 11 provide an appropriate forum to resolve mass tort claims? Can a Chapter 11 plan provide for a non-consensual settlement and release of claims held by one third-party against another third-party? Along the way we will touch on topics that often arise in a reorganization setting such as valuation, leveraged buyouts, and distressed debt investing. We will also follow current developments in actual Chapter 11 cases, primarily through reports in the media. Elements used in grading: class participation and final exam.
Terms: Aut, Win
| Units: 3
LAW 1013:
Corporations
This course is an introduction to the basic legal rules and principles governing the relations among managers, investors, and (to a lesser extent) creditors in the business enterprise. The course is the foundation for advanced business courses. We focus on problems that arise because a firm's managers and shareholders can have conflicting interests. We examine the costs associated with this conflict and how markets, legal rules, and contracts address them. Elements used in grading: Class participation, attendance, written assignments, midterm, final exam.
Terms: Win
| Units: 4
LAW 1013:
Corporations
This course is an introduction to the basic legal rules and principles governing the relations between managers, investors, and creditors in the business enterprise. The course is the foundation for advanced business law courses. We focus on problems that arise because a firm's managers and owners have conflicting interests. We examine the costs associated with this conflict and how markets, legal standards (particularly judicially developed fiduciary duties) and contracts might reduce them. We also examine the way in which federal securities law complements state-level corporate law in the governance of public corporations. Topical areas of coverage include shareholder activism, mergers and acquisitions, and insider trading. Elements used in grading: Attendance, Class Participation, Exam.
Terms: Aut
| Units: 4
LAW 1013:
Corporations
This course is an introduction to the basic legal rules and principles governing the relations between managers, investors, and (to a lesser extent) creditors in the corporation. The course is the foundation for advanced business law courses. We focus on problems that arise because a firm's managers and owners have conflicting interests. We examine the costs associated with this conflict and how markets, legal standards (particularly judicially developed fiduciary duties) and contracts might reduce them. We also examine the way in which federal securities law complements state-level corporate law in the governance of public corporations. Topical areas of coverage include shareholder activism, mergers and acquisitions, insider trading, and venture capital. Elements used in grading: Attendance, Class Participation, Exam.
Last offered: Spring 2022
| Units: 4
LAW 1014:
Current Issues in Tax Practice
This course will introduce students to major issues in tax practice. Each class will be co-taught by one or more leading practitioners in the tax bar, with other members of the bar attending. Subjects include international tax, intellectual property and tax, tax litigation, state and local taxation, working for the government in tax, tax lobbying and working in a corporate tax department. Class will meet at my home (with take-out dinner provided). The class offers students a good opportunity to connect their SLS tax courses to real-world tax issues and practitioners. Elements used in grading: Class Participation, Attendance, Written Assignments.
Last offered: Spring 2019
| Units: 2
| Repeatable
3 times
(up to 6 units total)
LAW 1015:
Corporate Social Responsibility
Although corporate social responsibility ("CSR") initiatives have been pursued by a range of companies as voluntary measures for decades, recent developments have rendered the exercise by companies of designing and implementing environmental, social and governance mechanisms inherently legal in nature. This course will explore the legal issues that companies have been forced to confront, increasingly with the support of specialized legal counsel, in pursuing CSR or sustainability objectives, including those arising in the context of supply chain human rights due diligence (e.g., minerals sourcing and human trafficking), impact investment and the adoption of alternative corporate forms, voluntary standards and mandatory requirements regarding non-financial disclosure and reporting (e.g., SASB, sustainability listing standards, possible amendments to Regulation S-K, and the EU non-financial reporting rules), director fiduciary duties and the changing expectations of investors, shareholder proposals and stakeholder engagement, and the rise of corporate social activism by companies and their officers, among others. Elements used in grading: Class Participation, Written Assignments, Final Paper.
Last offered: Autumn 2016
| Units: 2
LAW 1016:
Deals I
Most of the materials consist of case studies of business transactions (and no case law). We will use those case studies to analyze the economics underlying a wide range of business transactions and the contractual terms and structures used to respond to underlying economic challenges. During the second quarter, in Deals II, we will explore deals in greater detail by studying several complex transactions in full. For this part of the course, students will be divided into groups and will be assigned one deal to analyze. Each group will give a presentation of its deal to the class, and in the following class, a lawyer or other participant in the deal will come to class to present the deal based on his or her experience. We study new deals each year. Deals we have studied over the years have included movie financings, biotech alliances, venture capital financings, joint ventures, private equity investments, corporate reorganizations, and more. Special Instructions: This course is open to all students and required for Global Quarter. Students who take Deals I in the Winter must take Deals II in the Spring (and those who do not take Deals I in the Winter may not take Deals II in the Spring). There is no exam in the Winter Term. An In-School exam will be given in the Spring Term. Elements used in grading: Attendance, class participation, class presentation, written assignments, group paper (first and second draft), and exam. Early drop deadline: Students may not drop this course after the first week of class. 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/. There is no background required for the course. I use the consent form two reasons: (a) to ensure diversity across 2L, 3L and advanced degree students; and (b) to learn more about you, since we will working together for much of the year.
Terms: Win
| Units: 4
LAW 1017:
Deals II
This course is the continuation of Deals I. In order to register for this course you must have taken Deals I; and if you took Deals I, you must register for Deals II. Deals I and II are in effect a single course that extends over two quarters. Deals II will meet ONLY FOR THE FIRST FIVE WEEKS OF THE SPRING QUARTER for four hours per week--for 2 units of course credit. During those five weeks, the course will meet on Monday (4:15 to 6:15) and Tuesday (9:00 to 11:00). During Deals I, students will have been divided into groups, with each group assigned to analyze one deal. Each group will have begun analyzing its deal during the Winter Quarter, and will give a presentation to the class during Deals II. Deals II will consist only of presentations Each week, we will begin with a student presentation, and we will follow that in the next class with a presentation by a lawyer or other participant in the deal. Special Instructions: There will be two sections of Deals II, one led by Professor Klausner and the other led by Professor Ringe. Students will be assigned to a section during the Winter term. There is no exam in the Winter Term. An In-School exam will be given in the Spring term. Grades will be given at the end of Spring term for both quarters. Elements used in grading: Attendance, class participation, class presentation, written assignments, group paper (first and second draft), and exam.
Terms: Spr
| Units: 2
LAW 1018:
Derivatives
The course will examine the legal, regulatory, trading and risk management aspects of the $600 trillion notional over-the-counter and cleared derivatives markets. Derivatives have historically not been well-understood by regulators or the public and have been blamed for causing or contributing to the economic crisis. This course will offer students the opportunity to understand how various derivative products are designed, traded and risk-managed and what role regulators play in the derivatives industry. In addition, students will focus on understanding key legal contracts that underpin the global derivatives industry, in particular focusing on the ISDA© Master Agreement and Credit Support Annex, as well as documentation supporting credit derivatives and other common derivative types. Students will also consider the shifting regulatory landscape for financial institutions and hedge funds as it relates to the way in which these products are traded, with rates and credit products migrating to clearinghouses. The course will conclude with an examination of the economic crisis that erupted with Lehman Brothers' bankruptcy in September 2008 and the consequent policy reactions to that event from a derivatives and bankruptcy perspective. Elements used in grading: attendance, written homework assignments and a final exam.
Last offered: Winter 2023
| Units: 2
LAW 1019:
Current Topics in Sports Law
Current Topics in Sports Law is a one-unit seminar for up to 15 students with San Francisco 49ers General Counsel and SLS alumna Hannah Gordon. The class is made up of six 90-minute sessions and brief reflection papers. Attendance is mandatory at all six sessions to pass the course. The class will meet the first six weeks of Autumn Quarter. The seminar will explore current topics in the practice of law that are impacting the sports industry, both through litigation and legislation. Elements used in grading: Attendance, Class Participation, Written 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.
Last offered: Autumn 2016
| Units: 1
LAW 1020:
Entertainment Law
Entertainment law is not, in and of itself, a separate legal discipline. Instead, the practice of entertainment law lies at the intersection of various traditional legal disciplines, such as contract, tort, copyright, trademark, antitrust, secured transactions, etc., and applies those disciplines to a unique business setting. This course is intended to approach the study of entertainment law from a practical perspective, applying the principles of traditional legal disciplines to avoid problems and find solutions in various facets of the entertainment industry. To accomplish the necessary background, we will study the entertainment industry from both a macro level (i.e., the organization of the motion picture, television and music business, including the function of studios, producers, networks, record companies, agencies, managers, lawyers and labor unions) and a micro level (i.e., examining actual agreements in order to understand the principal components of motion picture talent, production and distribution contracts, television series contracts, music and book publishing contracts). We will also examine key litigation issues that affect the industry, such as the interaction of the First Amendment and the right of publicity, the right of privacy and libel, the anti-SLAPP laws, the "final cut" and profit participation cases. The impact of the digital media (including the internet) will, of course, be analyzed, along with the future of the entertainment industry, including convergence, holograms, syntho-thespians and the like. We plan to include guest speakers from the entertainment industry so that this class will embody both business and legal considerations. The overall goals of this course are (1) to expose students to the unique and increasingly complex structure of the entertainment business; (2) to foster an understanding of the role the law and entertainment lawyers play in that unique business structure; (3) to strengthen students' ability to draft key documents and craft persuasive legal arguments to accomplish the goals they may seek to achieve as lawyers in the entertainment industry; and (4) to develop the analytical and problem-solving skills necessary to make them into effective entertainment lawyers. Elements used in grading: Class participation, team contract negotiation and drafting projects, final paper.
Last offered: Winter 2023
| Units: 3
LAW 1021:
Estate Planning
This class will cover the basics of the gift and estate tax system and estate planning principles. With these fundamentals, the course will then examine basic and advanced estate planning and wealth transfer techniques, including wills, various types of trusts, titling property, gifts during lifetime, charitable vehicles, handling closely held businesses and valuation matters--with an emphasis on how to use these tools in planning an estate to meet the objectives of a couple or individual. Probate of an estate, administration of trusts, durable power of attorneys, conservatorships, and planning for other life situations will be explored. Elements used in grading: Class participation (is a small factor and only in the positive direction) and final open book exam. This course is open to GSB and other graduate students with consent of the instructor.
Terms: Win
| Units: 3
LAW 1022:
International Tax
This course examines the United States federal income taxation of international operations and transactions, including international joint ventures and M&A transactions. Traditional issues such as income source, foreign tax credits, Subpart F, and international transfer pricing rules will be addressed. Congress recently enacted fundamental reform of US international tax rules; important new provisions in this area, including the "GILTI" rules, will also be covered. Elements used in grading: Final Exam.
Terms: Spr
| Units: 2
LAW 1023:
International Securities Offerings
This course will focus on the application of United States securities laws and regulations to non-US issuers. We will examine how that regulatory framework differs for Foreign Private Issuers, as compared to other issuers in the United States. Initial public offerings, private placements under Rule 144A and Regulation S and ADR programs will all be covered. We will take a close look at the Alibaba IPO and Alibaba's subsequent regulation as a public company listed in the United States. The course will be taught from a practical perspective with in-class review of SEC filings, offering documents and SEC correspondence. The Morrison Case and its progeny defining the reach of U.S. Securities law to conduct with limited U.S. contacts will also be examined. Elements used in grading: Class Participation, Final Exam.
Last offered: Autumn 2016
| Units: 2
LAW 1024:
Private Equity Investing
(Formerly Law 522) This course will focus on the central issues involved in private equity investing. Topics will include: pricing, structuring and valuation of private equity and venture capital investments; buyouts and other transactions involving multitiered capital structures; the structure and governance of PE and VC funds; conceptual issues relevant in this realm such as option theory, asymmetric information and bounded rationality; and private equity as a distinct asset class. There are no required prerequisites. Students will develop skills and tools used in the private equity arena, including financial analysis (e.g., "deal arithmetic" fundamentals, spreadsheet modeling and forecast preparation); the drafting and negotiation of transaction documents; and the ability to conduct comprehensive due diligence examinations of prospective acquisitions and investments. We will have a number of guest speakers during the term, and will draw on various materials illustrative of what one would encounter in private equity deals and funds. Elements Used in Grading: Periodic problem sets, a final case study and class participation. (The case study will be completed in a small group, and it will give students the opportunity to analyze a real-world transaction from a number of perspectives.) A Final Note: While a 3-credit course, Private Equity Investing will not meet for the entirety of the Winter quarter. The final class session will be on March 2nd (rather than March 12th). This class is limited to 24 students. 16 SLS students will be selected by lottery. The other eight spots will be allocated by consent of instructor, and will be selected from law students who were waitlisted and non-law students. All interested students must attend the first two class sessions (January 10 & 12) in order to keep a spot on the class list or waitlist.
Last offered: Winter 2018
| Units: 3
LAW 1026:
Securities Litigation
(Formerly Law 300) Executives of American public companies control one of the largest accumulations of wealth in history, amounting to trillions of dollars in market capitalization. Tens of billions of dollars of securities in these companies are traded daily. This course addresses the most interesting and complex litigation that arises in connection with these securities, including fraud claims against executives and corporations, criminal actions for insider trading, internal investigations of executive misconduct, SEC enforcement actions, and derivative actions against corporate directors and officers. This course does not concern stock market technicalities. Instead, you will learn the basic legal framework governing this area, the theories underpinning it, and how to present legal arguments in this area. You will learn in a group setting by working out solutions to some of the most challenging issues that we have faced. In the process you will come to recognize the patterns we see and understand the forces behind them, so that you are prepared to practice in this area. Elements used in grading: Attendance, Class Participation, Exam.
Last offered: Spring 2017
| Units: 3
LAW 1027:
Securities Regulation
This course provides an overview of the regulation of securities offerings and trading under the Securities Act of 1933 and the Securities Exchange Act of 1934. The course explores the elaborate disclosure obligations that this country imposes on the distribution and trading of investment securities, as well as the role of the Securities Exchange Commission and private plaintiffs in shaping and enforcing these disclosure obligations. Topics to be covered include: public offerings of securities and the registration process under the Securities Act of 1933, the disclosure obligations of publicly-traded issuers, and the role of anti-fraud rules in the issuance and trading of securities. Elements used in grading: Attendance, Class Participation, Final Exam.
Terms: Spr
| Units: 4
LAW 1028:
Tax Policy
This course will explore various tax policy issues. In past years, the issues we've explored have included the carbon tax, health care, social security, consumption tax, tax compliance, tax shelters and school financing. Special Instructions: Grades will be based on class participation and memos responding to the discussion questions for any three of the sessions. Elements used in grading: Class Participation, attendance and written assignments.
Last offered: Winter 2023
| Units: 2
LAW 1029:
Taxation I
This course provides an overview of the federal income tax from learning to read the charming prose of the Internal Revenue Code to the principles and policies underlying the income tax, which is - by far - the largest source of revenue for the federal government (and some states, such as California). This class will provide the necessary foundations for taking more advanced tax classes but is also designed to provide crucial background for those pursuing careers in numerous other areas. For example, tax is crucial to the business lawyer's toolkit because most major business decisions have tax implications. Furthermore, because much - perhaps even most - of American public policy is conducted through the tax code, understanding tax is crucial for policy analysis. Elements used in grading: class participation and final exam.
Terms: Aut
| Units: 4
LAW 1029:
Taxation I
This course provides an overview of the federal income tax. Elements used in grading: Class participation and final exam.
Terms: Win
| Units: 3
LAW 1030:
Partnership Tax
(Formerly Law 377) This course will cover the basic rules that govern the tax treatment of partnerships and partners, with a focus on agreements and issues that are relevant to venture capital and private equity investment partnerships. The course will be primarily problem-set based. Prerequisites: Taxation I required; Corporate Income Taxation suggested but not required. Elements used in grading:, Final Exam, Class Participation.
Last offered: Winter 2017
| Units: 2
LAW 1031:
Current Issues in Business Law
This course will focus on issues in law and business that are both important to practitioners and the subject of academic or policy debates. We will cover a range of legal and economic issues, including the following topics: nonbank lending, gatekeeper liability, capital repatriation and tax policy, corporate restructuring, blockchain and smart contracts, and cyber risk management. Each of these issues will be introduced by readings and presentations, but the classes will rely on student discussion and critical evaluation of the papers and positions we examine. Students will have the opportunity to write reaction papers that critically analyze the required readings and to learn and analyze other business law issues of their choice by working in groups. Elements used in grading: Reaction papers, class participation, and performance in the group project and presentation.
Last offered: Spring 2018
| Units: 2
LAW 1032:
Banking Law
(Formerly 378) This course will examine the legal and regulatory system governing financial institutions, with an emphasis on banks. It will do so by exploring the underlying economics of banking, and the ongoing effort to reform financial regulation. Questions addressed will include: Why do we regulate financial institutions? What dangers do we want to avoid? How well does the current regulatory system achieve what we want to achieve? What alternative approaches can be taken? What are the costs and benefits of the current system, and those of the alternatives? Elements used in grading: Class participation, attendance, final exam.
Last offered: Autumn 2017
| Units: 3
LAW 1033:
Trusts and Estates
This course will examine aspects of the law of donative transfers in the areas of wills, trusts and agents. The course will cover the following topics: intestacy; will execution and revocation; will provisions and interpretations; restrictions on the right to devise; probate; creation, amendment and termination of trusts; revocable and irrevocable trusts; trust provisions; charitable trusts; trust administration; and durable powers of attorneys, advanced health care directives, and conservatorships. Elements used in grading: Final exam (open book, essay).
Terms: Aut
| Units: 2
LAW 1034:
Real Estate Transactions
Real Estate Transactions and Commercial Development examines the structuring, negotiation and documentation of commercial real estate transactions. Working both individually and in groups, students will learn the requisite skills for drafting and negotiating leases, letters of intent, sale contracts and related financing documents. As time permits, development-related matters will be explored, including the legal aspects of site acquisition, design and construction. Since it is especially relevant now, coverage of restrictive land use controls will be covered, as well as a discussion of some approaches to increasing access to property ownership among lower income groups. Classes will be a mixture of lectures, interactive discussions, and several mock negotiations. Elements used in grading: Class attendance, individual and group project participation, quizzes and written assignments. No final exam.
Last offered: Autumn 2022
| Units: 3
LAW 1035:
Mergers and Acquisitions
This course focuses on the role of law and lawyers in the evaluation, design and implementation of mergers and acquisitions transactions, including mergers, stock sales, and asset sales. Primary attention will be devoted (1) to corporate law issues relevant to merger or acquisition transactions; and (2) to contract law issues on important private ordering mechanisms, such as merger or acquisition agreements, and confidentiality and other ancillary agreements. Time permitting, we will also delve into other legal issues, such as those involving federal securities, tax, and antitrust laws. Prerequisite: Corporations, except on petition to the instructors based on prior coursework or special experience. Elements used in grading: Attendance, Class Participation, Exam.
Terms: Aut
| Units: 3
LAW 1036:
Introduction to Finance
This course is a basic introduction to the principles of finance. It will prepare you for the 3-credit version (Corporate Finance 1009) and introduce you to principles of valuation that are useful in everything from family law to settlement negotiations over civil disputes. The course provides a framework for answering the basic question: how much is this firm (or project) worth? We will cover topics such as: earnings, cash flows, income statements, interest rates, time value of money, risk and return and the cost of capital. No prior knowledge of finance or fancy math skills will be assumed. The course will consist primarily of on-line modules and problem sets that you will complete on your own and in small groups. We will have "live" class sessions to discuss the application of these principles in a legal setting and to hear from lawyers, investors and policy makers how finance has been useful in their careers. There will be weekly problem sets and you will get experience with building a simple excel spreadsheet that will help you estimate the value of a potential new project. There is a final project where you are asked to value a company and present your teams' findings to the class. On-line component. Elements used in grading: Written Assignments, Final Project. Participation.
Terms: Win
| Units: 2
LAW 1037:
The Evolution of Finance
(Formerly Law 487) This course provides a framework to understand how uncertainty and technology affect the evolution of finance (and businesses generally), with heavy emphasis on recent developments and future trends. In recent years Myron Scholes has given about half the lectures with the other half given by prominent guests. The guest list changes year to year but 2017's list included David Booth, Katie Hall, Howard Marks, James Manyika, George Osborne, Kevin Warsh, Tom Kempner, and Larry Summers. Jeremy Bulow may replace Myron for a small number of lectures. Special instructions: LAW 1037 is limited to 15 law students. If more than 15 law students enroll, a lottery will be run to determine the final class list. Elements used in grading: No Exam. Participation 50% Projects/Papers 50%. Mandatory attendance. Absences impact grade. Cross-listed with Graduate School of Business (MGTECON 343).
Last offered: Winter 2019
| Units: 2
LAW 1038:
The Future of Finance
This 2-credit course will examine vast changes driven by innovation both from within traditional finance and from new ecosystems in fintech among others. Breathtaking advances in financial theory, big data, machine learning, artificial intelligence, computational capability, IoT, payment systems (e.g. blockchain, crypto currencies), new products (e.g. robo advising, digital lending, crowd funding, smart contracts), new trading processes (e.g. algorithmic trading, AI-driven sales & trading), and new markets (e.g. ETFs, zero-cost products), among others are changing not only how financial and non-financial firms conduct business but also how investors and supervisors view the players and the markets. We will discuss critical strategy, policy and legal issues, some resolved and others yet to be (e.g. failed business models, cyber challenges, financial warfare, fake news, bias problems, legal standing for cryptos). The course will feature perspectives from guest speakers including top finance executives and Silicon Valley entrepreneurs on up-to-the-minute challenges and opportunities in finance. Elements used in grading: Class Participation, Attendance, Final Paper. Cross-listed with Economics (ECON 152/252), Public Policy (PUBLPOL 364), Statistics (STATS 238).
Last offered: Winter 2020
| Units: 2
LAW 1039:
Deal Litigation Seminar
This seminar is designed as an introduction to mergers and acquisitions litigation. The course provides both a practical and doctrinal perspective on M&A-related litigation and relies heavily on readings and issues derived from practice in the Delaware courts where much contemporary deal litigation occurs. Students will be asked to apply cases and legal principles in various practical situations that may arise in a transactional litigation practice. Familiarity with basic corporate law principles is assumed. Classes and readings. The first segment of the course will introduce basic doctrinal principles of M&A law and provide an introduction to the litigator's role in the transactional setting. The remaining sessions will revolve around two detailed M&A case studies, with seminar members divided into group roles. The first week of each case study will involve the negotiation and structuring of an M&A transaction. The second week will involve litigation relating to the transaction. As part of the case studies, students will negotiate a transaction, advise their client, take depositions, write briefs and present oral argument. Reading for the case studies will include case scenarios, supporting materials, and additional relevant case law and articles. Written assignments and grading. Students will be expected to write a final paper, in addition to the brief they will write in connection with their assigned case study. Special Instructions: 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 seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length. Corporations (Law 242) is a prerequisite. Elements used in grading: Attendance, class participation, brief writing/oral argument, and paper. 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. Please note that due to scheduling issues this quarter, class will not meet on April 6 or 13, or May 18, and makeup classes will be scheduled.
Last offered: Spring 2020
| Units: 2-3
LAW 1040:
Venture Capital
This class examines the economics of U.S. venture capital finance and the contract structures that are used to achieve these economics. Special attention will be paid to developing pro-forma financial models that analyze how various contract provisions affect investor and founder cash flows. Among other things, students will study how VC contract provisions are designed to protect investors from economic and voting dilution, how they allocate merger consideration in an acquisition of a VC-backed startup company, and how they can be used to incentivize subsequent investment by a company's VC investors. Students will complete several "modeling" exercises (using Microsoft Excel) throughout the semester that cover common modelling tasks expected of lawyers working in VC finance. Access to Microsoft Excel is required for this course. The course is open to Graduate School of Business and other non-law students with permission of the instructors. See Non-Law Student Registration at https://law.stanford.edu/education/courses/non-law-students/.
Terms: Aut
| Units: 3
LAW 1041:
Venture Capital II: Starting and Running a Venture-Backed Company
(Formerly Law 401) This class will focus on the legal and non-legal tactical details of entrepreneurial endeavors. The legal specifics of corporate formation, tax, and contracts are well covered by a variety of other courses at the Law School and will only be reviewed briefly in this course. Instead, the course will examine the life stages (formation, financing, execution, and exit) of a venture-backed company from the entrepreneur's perspective. Students who are interested in either starting companies or working with startup founders as their legal counsel will solidify their foundations in this course. There will be no textbook -- course materials will include PowerPoint slides, readings from various entrepreneur and venture capital blogs, sample business plans, and other sources. This course is limited to 14 students. Those students who have taken VC I receive priority in enrollment. Prerequisites: A modest background in financial analysis or the use of Excel, such as might be obtained from any of the introductory finance courses in most undergraduate curriculums or the handful of similar graduate classes at Stanford (such as QM Finance) is strongly recommended for this course. Venture Capital I will also be helpful but is not a prerequisite. Elements used in grading: Class participation (20%), and a 60 minute oral business plan presentation with accompanying slide deck and written materials (80%). 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.
Last offered: Spring 2017
| Units: 3
LAW 1042:
New Venture Finance
This is a practice-oriented business law seminar designed to provide students with an understanding of the legal, business, financial and practical issues that arise in advising venture capital-backed and emerging growth companies through the typical stages of their development and common transactions. The seminar will cover selected corporate, securities and tax issues in areas such as business entity formation, corporate organization and governance, venture capital financings, employee benefits, acquisitions and initial public offerings, with an emphasis on practical solutions and business realities. The goal of the seminar is to provide students with a window into the daily life of a typical Silicon Valley-style corporate attorney. Students are required to complete a number of assignments, participate in a negotiation exercise, participate in class discussions and sit for an exam. There will be required readings for each session that include a range of materials. Some sessions will include guest speakers. This course is taught by Mark Reinstra (JD '92), a partner at Wilson Sonsini Goodrich & Rosati. Mark represents emerging growth companies in substantially all facets of their corporate lives, from incorporation, financings, strategic transactions and, ultimately, liquidity events. Elements used in grading: Students will be evaluated on class participation/assignments, negotiation exercises and a final exam (In-School Essay - closed book).
Last offered: Winter 2018
| Units: 2
LAW 1043:
Blockchain and Cryptocurrencies: Law, Economics, Business and Policy
Blockchain and cryptocurrency technologies have spawned an extensive and rapidly growing set of businesses along with a corresponding rapidly expanding need for lawyers and regulators with the required expertise. This course provides core background for legal, policy, or business work in the field by nurturing three areas of understanding: (1) the technologies themselves; (2) the scope and nature of business applications; and (3) the pertinent legal and regulatory structures with particular emphasis on securities regulation aspects. Elements used in grading: Exam.
Terms: Aut
| Units: 4
LAW 1045:
Prediction and Complexity in Corporate and Securities Litigation
Success as an attorney and businessperson depends on the ability to predict outcomes in complex situations. Law school courses generally do not develop this skill set. The traditional "case method" asks us to understand how and why cases have been decided. I contrast, this course's "prediction method" challenges students to understand how and why cases yet to be decided will be resolved. The course addresses the academic literature related to prediction, and uses a series of case studies related to undecided cases currently on the US Supreme Court docket to develop student skills as predictors and analysts of complex litigation and transactional situations. This course is open only to students who have already taken and successfully completed a course on Corporate Law or Securities Regulation. Elements used in grading: Attendance, Class Participation, and Final Exam. 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. This class will not be offered in 2020-2021.
Last offered: Winter 2021
| Units: 3
LAW 1046:
Deals in Hong Kong: Field Study
This is a travel course that is integrated into Deals I and Deals II. Students who take this course will have taken Deals I and Deals II in the same year. The course will have two elements. First, there will be two deals assigned to two groups of students, as is true of Deals II. Rather than meeting with the lawyers involved in those deals here at Stanford, as we do in Deals II, we will meet in Hong Kong. Students will complete their papers on these deals shortly following their week in Hong Kong. Second, we have a variety of meetings in Hong Kong in which we learn about transactions that are handled by lawyers and bankers there and more generally about business in that part of the world.
Last offered: Winter 2018
| Units: 1
LAW 1047:
Business, Social Responsibility, and Human Rights
Large corporations now routinely spend millions of dollars to protect human rights and the environment. Shell Nigeria builds hospitals and schools in the Niger Delta. Nike employs hundreds of inspectors to improve conditions for the factory workers who produce its shoes across Asia and Latin America. Technology companies such as Facebook have scrambled to fend off the threat of new regulation since the Cambridge Analytica revelations. Other examples abound, across industries and around the globe. "Don't be evil" (Google's former motto) may be one motivation for these companies, but something more mundane is also at work: many companies believe they will do well, financially, if they do good, ethically. This course examines questions that lawyers in large law firms, corporations, NGOs, and government agencies regularly confront: --How does business activity affect human rights and other "social" goods (such as the environment and community cohesion)? --What factors, internal and external to companies, shape corporate decisions that have human rights/social impacts? When does it serve a company's interest to take costly action to address human rights, labor, and environmental concerns? -- What tactics have activists used to shift public opinion, media frames, and the law, and thereby change companies' incentives? We will learn through seminar-style discussion, lectures, role play, and small group exercises. Several guest speakers with experience in business, advocacy, or in between will provide insights from their experiences on the ground. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. 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 instructor. Elements used in grading: Class Participation, Written Assignments; Final Exam or Final Paper. Cross-listed with International Policy (INTLPOL 358).
Terms: Spr
| Units: 3
LAW 1048:
Introduction to Commercial Law
Although definitions of commercial law vary, it generally concerns a business enterprise's contracts with its customers and suppliers (usually not with its investors or employees, and not relating to real property). This course surveys legal issues in contracts for the provision of goods, services and information; franchises and distributorships; commercial credit (including secured credit, sureties and guarantees, and letters of credit). Elements used in grading: Grades will be based on class participation, and either a final exam (section 01) or a final 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.
Last offered: Spring 2019
| Units: 3
LAW 1049:
Corporate Governance
This seminar will focus on key topics in corporate governance. We will cover a range of legal and economic issues, including the following topics: hedge fund activism, gatekeeper liability, executive compensation, proxy advisory services, environmental, social, and governance ("ESG") investing, and independent directors. Each of these issues will be introduced by readings and presentations, but the classes will rely on student discussion and critical evaluation of the papers and positions we examine. Many classes will have guest speakers who are experts in the respective area. Students will have the opportunity to write reaction papers that critically analyze the required readings, and to analyze other corporate governance issues of their choice by working in groups. Elements used in grading: Evaluation will be based on reaction papers, class participation, and performance in the group project and presentation.
Last offered: Winter 2022
| Units: 2
LAW 1050:
Law, Business, and Policy Strategy in the Startup Economy
This seminar explores the intersection of legal, business, and policy strategy in the startup economy. The class operates along two concurrent paths: First, under faculty supervision, students will act as if they were outside counsel to a Stanford-affiliated startup, learning the business and personal goals of the founder(s) and spotting the relevant legal and non-legal issues. Students will use formal analytical frameworks, including legal research, business strategy, policy strategy, and design thinking, to craft a comprehensive review of the startup's position within the applicable regulatory and business environment, and will present their strategy recommendations to the founder(s) and a panel of faculty and outside experts. Second, students will engage in a case-based exploration of complex legal, regulatory, and ethical issues that often occur in early stage companies. Through focused case studies, students will be required to spot issues, analyze potential outcomes, and make defensible recommendations for legal and business strategy. Issues covered will include corporate formation and capitalization, entering regulated marketplaces, supply chain ethics, employment and culture, and multi-jurisdictional scaling. Elements used in grading: Attendance, Class Participation, Written 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.
Last offered: Spring 2019
| Units: 3
LAW 1051:
Payment Systems: Cryptocurrencies
This seminar is designed to afford students the opportunity to study the regulation of new, cutting edge payment systems that employ blockchain technology. To do so, students will familiarize themselves with the current state of the law of payment systems as represented in the Uniform Commercial Code, the National Bank Act, and other relevant statutes. Students will then engage readings regarding the regulatory difficulties presented by the realities of cryptocurrency technology. We will start with the history of digital currency, then look at the laws, organizations, trends, and communities behind it to build a complete picture of the ecosystem surrounding blockchain technology. Each student will present and discuss a paper on a topic of interest within the world of cryptocurrencies generally. Each of the students will research and write a paper on cryptocurrency regulation or regulatory technology as the principle component of their final grades. Students have two options. Those taking the course for 2 units (Section 01) will write papers that meet the PW (Professional Writing) requirement. Students taking the course for 3 units (Section 02) will write a long research paper. After the term begins, students accepted into the course can transfer from Section (01) into Section (02), which meets the R (Research) requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2019
| Units: 2
LAW 1052:
Venture Capital and the Dual Fiduciary
This course introduces students to the business and legal/governance issues in venture capital. We will begin with the role of venture capital in the broader US economy, who the players are in the ecosystem and how venture capital funds are raised and managed. We will then have a series of modules through which we'll understand how venture capitalists structure deals (including a full understanding of the economic and governance issues associated with a term sheet). We will dive into the role of the board post-investment, with a particular emphasis on the fiduciary duties (often conflicting) of the board in governing a venture capital financed business. In particular, we will look at the role of the board in financing activities, M&A activities and various special situations. The course will utilize case law as well as various articles and case studies to articulate the potential governance issues boards may encounter. We will focus on practical applications of the rules to real-world situations, with the goal of preparing students post-graduation to be able to properly advise venture-backed boards on how to successfully navigate many of the governance challenge. This class will meet the first five weeks of the quarter (September 25 to October 23). Elements used in grading: Attendance, Class Participation, Written Assignments.
Last offered: Autumn 2018
| Units: 1
LAW 1053:
International Securities Regulation
This course will focus on the application of United States securities laws and regulations to non-US issuers. We will examine how that regulatory framework differs for non-US issuers, as compared to issuers domiciled in the United States. Initial public offerings, private placements under Rule 144A and Regulation S and ADR programs will all be covered. We will also discuss ongoing reporting requirements and other implications of being a non-US public company. We will take a close look at the Alibaba IPO . The course will be taught from a practical perspective with in-class review of SEC filings, offering documents, SEC correspondence and applicable SEC rules. The Morrison Case and its progeny defining the reach of U.S. Securities law to conduct with limited U.S. contacts, as well as SEC enforcement actions against non-US issuers, will also be examined. Prior completion of Securities Regulation or a comparable securities law class strongly encouraged. Elements used in grading: Class Participation, Final Exam.
Last offered: Spring 2019
| Units: 2
LAW 1054:
Economics of Contracts
This course will combine contract theory, a field of economics for which several Nobel prizes have been awarded, with a study of the practice of business transactions. Our discussion will explore how well economic theory illuminates actual contracting practices and how the practice of contract design deviates from theory. Our overarching goal will be to develop an understanding of business transactions that goes beyond the drafting of contract language to conceptual and structural features of agreements. We will discuss design topics such as how contracts respond to incomplete information, the "make or buy" choice (whether to carry out a project within a firm or contract with an external party), the role of judicial enforcement in relational contracts, the use of vague and/or precise language in agreements, obstacles and process of innovation in contracting, and the role and effect of bargaining power. This course differs from the Deals course in that it covers a different set of topics and is less applied, and this course will be conducted in a seminar fashion. Elements used in grading: Class participation, Written Assignments.
Last offered: Spring 2020
| Units: 2
LAW 1055:
Law of Nonprofits
This course provides an overview of laws and policies affecting the nonprofit sector. The course will focus both on state laws governing nonprofit corporations and charitable trusts as well as federal tax laws applicable to section 501(c) entities. Topics will include the fiduciary duties of nonprofit directors and trustees, obtaining and maintaining tax-exempt status, nonprofit lobbying and political activities, private foundations and donor-advised funds, and alternative organizational forms such as low-profit limited liability companies and benefit corporations. Lectures and discussions will be supplemented by in-class conversations with leaders of local nonprofit organizations. Special Instructions: No pre-requisites. Knowledge of basic tax and/or corporate law is helpful but not required. Elements used in grading: Final exam.
Last offered: Winter 2020
| Units: 3
LAW 1056:
Regulatory Economics
Law 1056 examines public policies for dealing with problems arising in markets in which competitive forces are weak. The focus is on monopolies, oligopolies, cartels, and other environments where market mechanisms are unlikely to produce outcomes that benefit consumers more than the alternatives involving costly government intervention. The two main areas examined are competition policy and economic regulation. Competition policy refers to laws that define certain market behavior as illegal because it is harmful to competition or fails to provide consumer benefits that justify its costs to consumers. Economic regulation refers to policies in which government controls prices and/or decides the terms and conditions under which firms can participate in a market. A growing area of study and policy design is the introduction of market mechanisms into formerly regulated industries such as: telecommunications, electricity, airlines, railroads, postal delivery services and environmental regulation. Prerequisites: Econ 51 or equivalent. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper and Final Exam. Cross-listed with Economics (ECON 158).
Last offered: Winter 2020
| Units: 4
LAW 1057:
The Role of the General Counsel
Many of today's lawyers look to the role of the corporate general counsel as a dynamic career at the intersection of law and business. This course will explore how in-house lawyers add value as a strategic advisor on business strategy and execution, risk management, ethical challenges and overall corporate governance. We will investigate how corporate general counsel interact with the CEO, the executive leadership team, the board of directors, regulators, policy makers and law enforcers. We will learn how in-house counsel build, develop, retain and lead diverse and global teams of professionals across many disciplines. We will hear from experienced and diverse in-house lawyers as well as business leaders. This class will also explore areas of the law that are integral to in-house practice through the lens of a global corporation -- including transactions, corporate governance, ethics and compliance, securities and SEC reporting, internal investigations, and litigation -- from the perspective of the attorney whose job is simultaneously both lawyer and client. Students will gain important practical insights into how a global general counsel leads their team and their corporation. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Autumn 2022
| Units: 3
LAW 1059:
Race, Class and Tax
This one unit course is only an option for students who are concurrently enrolled Taxation I (LAW 1029) or who have previously taken Taxation 1. The course is an extension of Taxation I with a greater focus on race and class. Goals of the class include deciding which additional materials should be assigned to the basic Taxation 1 course, and what other changes might be made in Taxation 1 and the (Bankman/Shaviro/Stark/Kleinbard) casebook used for the course. The one unit will be graded mandatory P/R/F. After the term begins, students enrolled in Taxation I may enroll in Race and Tax Policy with instructor consent.
Last offered: Autumn 2020
| Units: 1
LAW 1060:
Global Business Law and Policy: Latin America
This seminar prepares students for the field study portion of the Global Quarter and is only open to students participating in the Global Quarter. Through a mix of guest lectures and class discussions, the seminar will explore subjects to be addressed in our visits with lawyers, regulators and foreign students in (TBA). Topics will include an introduction (TBA) institutions, ESG (Environment, Social and Governance) issues, data privacy, startup ecosystems, and the regulation of fintech. Elements used in grading: Attendance, Class Participation, Written Assignments.
Terms: Spr
| Units: 3
LAW 1061:
Global Business Law - Latin America: Field Study
This course is the field study portion of the Global Quarter. The field study is comprised of a three-week itinerary of office visits, simulated negotiations and counseling sessions, and seminars in (TBA). Participation in the field study qualifies for Pathway B treatment of the Experiential Learning requirement. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Terms: Spr
| Units: 5
LAW 1061B:
Global Business Law - Asia: Legal Practice
This course is the field study portion of the Global Quarter. The field study is comprised of a three-week itinerary of office visits, simulated negotiations and counseling sessions, and seminars in Beijing, Hong Kong, Shenzhen, Singapore, and Tokyo. Participation in the field study qualifies for Pathway B treatment of the Experiential Learning requirement. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2020
| Units: 2
LAW 1062:
Global Capital Markets
This course will cover a mix of issues that lie at the intersection of the financial regulation of capital markets and corporate finance. The course will include an examination of US regulation of capital flows into and out the United States (including Regulation S, Rule 144A and the use of ADRs), shareholder class action litigation in capital markets around the world through the use of case studies (including the US, Canada, Australia and Japan), financial manipulation in derivative markets (such as the LIBOR scandal), and international arbitration of financial claims. This class runs from January 6 through January 21. Elements used in grading: Attendance, Final Exam. This class is open to ALL students (except 1Ls), and is not limited to students enrolled in the Global Quarter. This class does not overlap with Accounting (students can take both.
Last offered: Winter 2020
| Units: 2
LAW 1063:
Global Business Law and Public Policy
This seminar explores selected topics at the intersection of the practice of transnational business law and public policy. This quarter, we will examine three topics of great interest to corporate executives, their legal advisors, and policy makers: the pandemic; human rights and "ESG" (environmental, social, governance) considerations in global business; and the intensifying "tech war" between the U.S. and China. For each of the topics, two seminar sessions will be led by prominent practitioners. For example, our unit on the pandemic includes class sessions with the General Counsel for HHS (discussing Operation Warp Speed and the legal and business challenges behind the development of a vaccine), representatives from KKR (on how the pandemic is changing global business), and from the pharmaceutical industry (on drug development and national security). The final two sessions will be led by teams of students on topics of their choosing. Elements used in grading: Attendance, Class Participation, Written Assignments.
Last offered: Winter 2021
| Units: 2
LAW 1064:
Selected Topics in Antitrust Law (Reading Group)
Antitrust law has in the last couple of years become a controversial topic and the subject of intense academic debate, proposed legislation, and international discussion. The seminar will provide a forum in which the students could better understand the current controversies and discuss them in a thoughtful and rigorous fashion. We will have 5 2-hour sessions, each on a different topic with assigned readings. The tentative list of topics is this: (1) "New Brandeis" or populist criticism of the fundamental normative (Chicago and post-Chicago) underpinning of U.S. antitrust law; (2) antitrust and IP, especially patents; (3) antitrust and the digital platforms; (4) antitrust in the health care sector; and (5) comparative perspectives -- antitrust in the U.S. and the European Union. Stanford faculty outside the law school will probably participate in one or more sessions. The class will meet on Wednesdays, from 4:45 to 6:45, on April 1, 15, and 29 and May 13 and 27. Elements used in grading: Attendance, Class Participation. 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.
Last offered: Spring 2020
| Units: 1
LAW 1065:
Partnership Tax (Reading Group)
This course will acquaint you with the basic rules and structure of partnership tax. Elements used in grading: Attendance, Class Participation. Class will meet five Thursdays, 4:15PM to 6:15PM. Precise meeting dates TBA by instructor. This class is not open to JD-1Ls.
Last offered: Winter 2023
| Units: 1
LAW 1066:
Global Business Law and Public Policy - Asia Field Study
This field study is open to students enrolled in the seminar LAW 1063 Global Business Law and Public Policy (GBLPP). Health and safety conditions permitting, students will travel to Singapore with the instructors over spring break for a series of meetings broadly related to the topics explored in GBLPP, which may include global business and human rights, doing business in weak rule of law environments, and responses to the COVID-19 global pandemic. Cultural activities and activities with law students in Singapore will also be planned. Elements used in grading: Attendance, class participation, written 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. NOTE: This course is tentative subject to health and travel restrictions. Consent application will be announced pending approval of the course.
Last offered: Winter 2021
| Units: 2
LAW 1067:
FinTech Innovation and the Transformation of Financial Services
This course will focus on the so-called "FinTech Revolution" which is transforming traditional banking and financial services. FinTech generally refers to disruptive financial sector innovations involving technology-enabled (online and mobile device-based) business models. Independent FinTech businesses can facilitate disintermediation, create and deliver novel products and services, increase access and inclusivity, reduce costs and both create and address privacy, regulatory and law-enforcement challenges. FinTech can also refer to the increasingly technological approaches that both incumbents and entrepreneurial ventures take to the main financial intermediation functions, e.g., maturity transformation, payments, capital raising and remittances, and to "back end" data systems and regulatory compliance. The goal of the course will be for students to understand the major categories of FinTech innovation in the U.S., including crypto currency and blockchain, the evolving business models and regulatory and legal structures that underlie these categories, and the opportunities and risks that emerging FinTech business models create for financial, legal and regulatory systems. Non-U.S. examples will be used to compare and contrast different approaches to key policy issues. Four key themes will be emphasized: 1) Understanding innovative business models in emerging FinTech. 2) FinTech competition and cooperation with the existing financial services ecosystem and 'big tech.' 3) Financial regulatory and legal system coverage of, mismatches with, and adaptation to, emerging FinTech business models. 4) Public Policy issues surrounding FinTech (Innovation and efficiency; Personal financial data ownership, use, control and liability; Financial stability; Financial inclusion and consumer financial health). No prerequisites but professor permission will take into account relevant background. Elements used in grading: class participation, class assignments and final take-home assignment. 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.
Last offered: Winter 2021
| Units: 3
LAW 1068:
Corporate Purpose: Beyond Shareholder Value
The neoliberal orthodoxy that corporate managers' sole duty is to maximize shareholders' financial value has never been entirely adhered to in practice and has been increasingly challenged in recent decades. While acknowledging the importance of shareholder value, commentators have argued that corporations should purposively benefit other stakeholders, including customers, employees, and the communities they affect. At the same time, there has been an upswing of investments aligned with investors' social interests, including public equity investments in companies with high environmental, social, and governance (ESG) ratings and private equity "impact investments" that typically incur greater risks than pure market rate investments. This course will consider a variety of legal, ethical, and policy issues related to corporations' purposes and responsibilities, including: the meanings and measures of corporate social responsibility (CSR) and ESG criteria; disclosure of a company's environmental and social harms or risks; when is it legally and ethically appropriate for corporate managers or institutional investors to compromise shareholder value in the pursuit of social, environmental and other nonpecuniary goals; constituency statutes and benefit corporations that reflect interests other than profit maximization; the power of investors to influence corporate behavior through affirmative investments, divestments and shareholder activism; the power of various stakeholder groups to influence corporate behavior; proposals for broadening the purpose of corporations; barriers to these various practices and proposals; and whether they can be accommodated within neoliberal ideology or require a new framework. You may write a series of short commentaries on four of the sessions. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single empirical research paper on a topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit (section 02), depending on the project and 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. This class is limited to 20 students, with an effort made to have students from SLS (15 students by lottery) and 5 GSB students by instructor consent. Elements used in grading: attendance, class participation; written assignments or research paper.
Last offered: Winter 2022
| Units: 2-3
LAW 1070:
Social Responsibility, Race, Gender, and the Corporation
The course explores a series of controversial social challenges facing publicly traded corporations. Among other topics, the course will likely analyze: (1) The constitutionality and effectiveness of recent California legislation mandating boardroom gender and racial diversity; (2) Google's recent settlement of derivative litigation relating to gender concerns by creating a $310 million social justice fund; (3) The Business Roundtable's statement that corporations owe obligations to constituencies other than stockholders; (4) Derivative litigation challenging boards composed entirely of white directors; (5) The reasons that few senior Wall Street executives were prosecuted in the wake of the 2008 financial crisis; (6) The performance of Wells Fargo's board of directors during its recent phony accounts crisis; and (7) Whether investments that pursue environmental, social, and governance (ESG) approaches can outperform the market, and potential SEC-imposed ESG disclosure obligations. This topic list will likely change in light of evolving events. Students will be required to write a paper and to sit for an examination. Elements used in grading: Written Assignments, Final Exam.
Last offered: Spring 2021
| Units: 3
LAW 1071:
Exemptions from the Securities Act
This course examines in detail the operation of the exemptions from the Securities Act of 1933, with particular emphasis on the operation of these exemptions in the context of venture capital practice. Thus, the focus is on the private placement exemption, exemptions used to place incentive equity with employees, the potential for equity-sharing in the gig economy, resale exemptions used by founders and employees to obtain pre-IPO liquidity, Rule 144, and the evolution of private resale markets. Special Enrollment Instructions: The course is open to students who have completed the Winter 2021 Securities Regulation (Law 1027) course. Interested students may enroll directly in Axess. Students that have not completed Law 1027 in Winter 2021 must email Professor Grundfest at grundfest@stanford.edu for consent prior to enrolling in the course in Axess. Students that enroll in Axess without instructor consent will be asked to drop the course. Elements used in grading: Attendance, Participation, Extended Take-Home Exam.
Last offered: Spring 2021
| Units: 1
LAW 1072:
Advanced Contracts: Commercial Transactions
Although definitions of commercial transactions vary, they generally concern a business enterprise's relationships with its customers, suppliers and creditors (typically, not with its investors or employees, and not relating to real property). This course builds on first-year Contracts by studying legal and business issues in commercial contracting for the provision of goods, services and information: such as franchise and distributorship agreements; mid-stream adjustments through modifications, waivers and course of performance; and the role of third parties (beneficiaries, assignees, guarantors and sureties, corporate affiliates). Elements used in grading: Class Participation, Final Exam. The exam will be in-class during the last week.
Last offered: Spring 2023
| Units: 2
LAW 1073:
Land and Real Property Taxation
This course examines legal, economic, and policy aspects of land and real property taxation. These taxation methods are a principal source for local government finance in many countries and have substantial economic impact. We will examine real property taxation methodologies across the world, creating an appreciation for the scope and typology of legal arrangements. We then will examine economic, business, and policy implications. Topics include, among others, the impact of the tax on land use and property values, tax incidence, choice of rates, inter-jurisdictional tax competition, the impact on state and local finance, collection and enforcement, the politics surrounding the tax, and technical issues such as property valuation and computer assisted mass appraisal. We will devote a significant amount of time in the course to land taxation, taxes that apply only to land values and not to the value of structures. This method has huge promise and has been implemented in some locales across the world but is much less widely applied than the conventional property tax that applies to total value, structures as well as land. The course should be of interest to students contemplating careers involving real estate legal practice, real estate business, or public policy. Elements used in grading: Exam.
Last offered: Spring 2023
| Units: 2
LAW 1074:
State and Local Taxation
This class will provide a foundation to working with state and local tax systems. We will begin with a discussion of the primary rules, mostly derived from the federal constitution, that govern state and local taxation. We will then discuss the statutory law and mechanics of the three main state and local taxes (income, sales, and property). Finally, we will also address non-tax taxes. In working our way through the doctrine, there will be regular attention given to the underlying policy issues. Elements used in grading: Attendance, Class Participation, Written Assignments, and Final Exam.
Last offered: Autumn 2022
| Units: 3
LAW 1075:
Blockchain Tax
This course examines United States federal income taxation as applied to blockchain technology. The course covers the tax treatment of cryptocurrency transactions, including airdrops, loans, mining, staking, hard forks, microservices transactions, and other transactions related to cryptocurrency. The course also examines the tax treatment of non-fungible tokens (NFTs). Policy questions surrounding the taxation of cryptocurrency are also considered. Elements used in grading: attendance, class participation, take-home final exam. This class will meet Mondays, 4:15 p.m. to 6:15 p.m. on January 9, January 23, February 6, February 20, and March 6.
Last offered: Winter 2023
| Units: 1
LAW 1076:
Blockchain Engineering: Techniques and Legal Implications
Blockchain technology is an increasingly important financial tool with unique legal implications--however, a theoretical understanding is often insufficient to fully grasp its current and, more importantly, future capabilities. This course, designed as an extension of LAW1043, will explore the technical capabilities of blockchains and cryptocurrencies by offering students practical, hands-on experience. We will build a technical foundation through a crash course on programming and cryptography while discussing the current legal landscape and implications of both. Then, we will build a decentralized application on the Ethereum blockchain and learn why this opens so many tricky legal doors in the form of (things like) mixers, NFTs, and censorship-resistant code. Students will have the chance to get familiar with and use actual blockchain-based tools, ranging from decentralized finance protocols to DAOs to on-chain development toolkits. At the end of this course, students will understand not just how to safely interact with blockchains, but how they enable legal gray areas--and their potential to disrupt the legal landscape in the future. Elements used in grading: Attendance, Class Participation, Written Assignments, and Final Project.
Last offered: Winter 2023
| Units: 2
LAW 1077:
Global Corporate Governance
This seminar, required for the Global Quarter, explores major contemporary topics and global trends in corporate governance from a comparative perspective, focusing on the EU, Latin America, and East Asia. We begin by examining the diversity of corporate ownership and governance structures around the world, and explanations for this diversity. The seminar then examines, in turn (1) the role of regulatory competition in EU corporate governance, (2) the impact of family ownership and business groups on corporate transactions in Brazil, (3) aspects of deal structure and dispute resolution in Latin America relevant to corporate lawyers, (4) the disparate ways takeovers are regulated in major economies around the world, and (5) the distinctive features of corporate governance in Chinese state capitalism. Experts in EU and Latin American corporate governance will lead several of the sessions. The grade for the seminar will be based on a final paper and the quality of class participation, including performance on several short exercises. Note: this seminar is mandatory for students selected for Global Quarter. There may be several places available for students not participating in Global Quarter. CONSENT APPLICATION: Students not participating in Global Quarter 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: 2
LAW 1078:
Blockchain Governance
Blockchain Governance (1078): This course offers an overview of blockchain governance and Decentralized Autonomous Organizations (DAOs), with topics including DAO tooling, on-chain and off-chain voting, delegation, constitutional design, alternative governance mechanisms, identity, and privacy. We will cover these topics and others from technical, social science, and legal perspectives, and we will include a range of guests from the web3 space as well as several speakers who are on the frontiers of DAO research. The course presumes some basic familiarity with blockchain and cryptocurrencies, but deep technical facility is not required, i.e., successful completion of CS 251 or LAW 1043 is more than enough. Elements used in grading: Homework and papers. There are no examinations. Grading elements and the course itself are designed so that students with diverse expertise and backgrounds (law, technical, business, etc.) have an equal opportunity to do well and have a powerful learning experience. Cross-listed with CS 352B. The course will be taught in law school classrooms. In addition to the listed Stanford faculty instructors and the various guest speakers, Silke Noa Elrifai, a crypto lawyer and mathematician with a deep background in actual DAO projects and currently a Visiting Scholar at Stanford, will be the primary instructor for several classes and will play an integral role in the course. Cross-listed with Computer Science 352B.
Terms: Spr
| Units: 3
LAW 1079:
Introduction to Transactional Practice
This course will provide an introduction to corporate and transactional work. It's targeted to 1Ls and 2Ls but open to all, whether you're exploring different areas, curious about a non-litigation practice, intending to do corporate, or just broadening your exposure to legal work. The course will be practical in nature. It will help you prepare for summer jobs and OCI, help you make more informed choices about course selection, and give you practical exposure to contracts and other materials encountered in practice. Along the way we'll identify characteristics of corporate work generally, to give you a big picture take on the work; look at major practice areas (e.g., capital markets, corporate governance, M&A/private equity, credit, commercial, real estate); identify features or realities of work in those areas; walk through (and try to demystify) contracts, governance materials, and other legal and financial documents; explore pro bono and how corporate lawyers can contribute to the community; talk about client service and core practice skills; and suggest some ways to get your hands around and do everyday lawyer work. And we'll try to offer a perspective on professional identity different than that of the litigation-oriented first year. The course is neither a prerequisite nor a substitute for core business law classes such as Corporations, Securities Regulation, and Commercial Law. It's also not a substitute for business-oriented classes such as Accounting, Introduction to Finance, and Corporate Finance; for skills courses such as Advanced Legal Writing: Business Transactions and Advanced Legal Research: Transactional; or for programming provided by the Office of Career Services. But it should provide good context for those courses and programs. Elements used in grading: Attendance, class participation, and written assignments.
Terms: Win, Spr
| Units: 2
LAW 1080:
Sports Law: Emerging Issues in Professional and Amateur Sports
Have you ever wondered what it would be like to work for a sports team or practice law in the sports industry? This course provides an overview of significant legal issues in professional and amateur sports. We will cover a range of legal topics impacting the sports industry including labor issues, intellectual property, Title IX, antitrust, media rights, and more. In addition to reading assignments and class discussion, this course will feature guest speakers who practice law in the sports industry. Grades will be based on attendance, class participation, and either written assignments (Section 01) or a long independent research paper for R-credit (Section 02). 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 instructor.
Terms: Win
| Units: 3
LAW 1081:
Regulation of Global Financial Markets
We will consider how US and international regulatory bodies respond to economic trends and shocks. How should we regulate international financial markets to respond to urgent and changing social needs? We start with an overview of the U.S. economic policy and regulatory framework and the components of the international framework for economic cooperation, including the G7 and G20, IMF and World Bank. We then consider how these laws and institutions should respond to pressing issues: (1) financial crises and the Covid-19 shock; (2) economic inequality and discrimination; (3) the ESG movement; (4) the proliferation of crypto assets; (5) terrorist financing an d money-laundering; and (6) international conflict and statecraft (as in the war in Ukraine or tension between US and China). Elements used in grading: Attendance, class participation and a group in class presentation on a topic of the group¿s choice. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. Course open to GSB students with consent of the instructor. See Non-Law Student Registration at https://law.stanford.edu/education/courses/non-law-students/. S-Term early start for Autumn Quarter. Class meets 9:00AM-12:00PM on September 14, 15, 18, 19, 20, & 21.
Terms: Aut
| Units: 2
LAW 1082:
The Business of Venture Capital
This course will cover the business of venture capital. We will begin the course with a broad discussion of why venture capital exists, how it works, the role of the LP, and how venture capital firms make investment decisions. Thereafter, we will address term sheets & valuation, managing the lifecycle of a company, and important topics in the governance of early-stage companies (e.g., the rights of common vs. preferred shareholders and ESG). Elements used in grading: Attendance, class participation, written assignments. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. Course open to GSB students with consent of the instructor. See Non-Law Student Registration available at https://law.stanford.edu/education/courses/non-law-students/. S-Term early start for Autumn Quarter. Class meets September 11 (8:00AM-12:00PM), September 12 (9:00AM-12:00PM), September 18 (8:00AM-12:00PM), September 19 (9:00AM-1:00PM), & September 21 (8:00AM-11:00AM).
Terms: Aut
| Units: 2
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 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 2001:
Criminal Procedure: Adjudication
The Law School offers two survey courses dealing with constitutional criminal procedure. "Criminal Investigation" will consider questions that arise under the fourth, fifth, and sixth amendments regarding investigations, interrogations, and charging decisions. This course, "Criminal Adjudication," will look at the way the judicial system handles criminal cases. Topics will include the right to counsel (and the concomitant right to "effective assistance" of counsel), prosecutorial discretion and plea bargaining, joinder and severance, discovery, the right to jury trial, double jeopardy, sentencing, and appellate review. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.) Elements used in grading: Attendance, participation and final exam. Small grade adjustments will be made for exceptional class participation.
Terms: Spr
| Units: 4
LAW 2002:
Criminal Procedure: Investigation
The law school offers two survey courses dealing with constitutional criminal procedure. "Criminal Adjudication" covers the formal pretrial and trial processes, including the right of counsel, prosecutorial charging criteria, grand juries, bail, speedy trial, discovery, plea bargaining, trial by jury, and double jeopardy. This course, "Criminal Investigation," covers police investigation in the form of searches and seizures, interrogations, lineups, and undercover operations, and hence examines the Fourth and Fifth (and, to a limited extent, the Sixth) Amendment rules regulating the police in these endeavors. It also incorporates some of the federal laws governing electronic communications and privacy. Students may take both Criminal Investigation and Criminal Adjudication. (There is, of course, no requirement to do so.) Elements used in grading: Final exam (open book), plus small adjustments for exceptional class participation.
Terms: Aut
| Units: 4
LAW 2006:
Race, Class, and Punishment
Since the early 1970s, the criminal justice system in the United States has expanded dramatically. America has adopted an array of increasingly tough approaches to crime, including aggressive street-level policing, longer sentences, and a range of collateral consequences for criminal convictions. As a result, there are currently 2.2 million persons in prisons and jails and seven million under some form of correctional supervision. The impact on communities of color has been especially profound: In many of our nation's cities, nearly one-half of young black men are in the criminal justice system. This seminar will begin with readings discussing the tough-on-crime era's historical roots. We will then turn to examine the impact of these policies. Finally, we will turn to current efforts to resist and reform the system that has been created. This portion of the seminar will focus on violent crime, and whether and how to respond to violent crime differently than we currently do. The assigned reading will be substantial, and will come from a wide variety of sources, including history, sociology, political science, criminology, and law. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2017
| Units: 3
LAW 2008:
Criminal Justice Reform & Litigation: Three Strikes Project
This seminar offers an opportunity to study mass incarceration and criminal law reform in real time while getting hands-on experience in active litigation on behalf of Three Strikes Project clients serving life sentences for nonviolent crimes. In this course, students read and analyze a variety of cases and articles, examining the evolution of incarceration and sentencing policies in California and across the country. Students also assist with live post-conviction litigation on behalf of clients in trial and appellate courts across the country. The class focuses largely on the Three Strikes law as a case study in the history, politics, constitutional doctrine, and reform of criminal law policy. The Project has been intimately involved in the criminal law reform movement, partnering with the NAACP Legal Defense Fund and Obama administration on different projects. Students enrolled in the seminar quickly become involved in all aspects of the Project's work, including assistance with different stages of ongoing litigation. Students will visit a Project client in prison, conduct factual investigations, and draft pleadings on our clients' behalf. The Project is an active, fast-paced organization that depends on the hard work and contributions of law students enrolled in this seminar. This seminar offers the opportunity to both study the theory behind the law and to hone practical litigation and advocacy skills. The seminar will meet for 3 hours per week, including 1 hour small group meetings with Project director Michael Romano. In addition, students will participate in field trips to various prisons in California. Elements used in grading: Class Participation, Attendance, Written Assignments. 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. Applications will be considered on a rolling basis.
Terms: Aut, Spr
| Units: 3
LAW 2009:
White Collar Crime
This course explores the law of economic and political crimes associated with the rubric "white collar crime." The class is divided thematically between mens rea issues and substantive issues. Among the substantive areas which are covered are: obstruction of justice, perjury, bribery and gratuities, mail and wire fraud, securities fraud, and money laundering. We will study specific federal statutes in considerable detail, while also speculating about the jurisprudence underlying these crimes, and related issues of prosecutorial discretion and attorney ethics. Special instructions: Students may write a paper in lieu of the final exam for Research credit. Also, classroom participation may be taken into account to some very small degree. 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: Class participation and final exam or paper.
Terms: Spr
| Units: 3
LAW 2010:
Sentencing, Corrections, and Criminal Justice Policy
(Formerly Law 621) This introductory course will familiarize students with the history, structure, and performance of America's sentencing and corrections system for adult offenders. Sentencing is the process by which criminal sanctions are imposed in individual cases following criminal convictions. Corrections deals with the implementation and evaluation of criminal sentences after they are handed down. In fact, the two subject areas are inseparable. The course will examine sentencing and corrections from global and historical views, from theoretical and policy perspectives, and with close attention to many problem-specific areas. We will explore: (1) sentencing theories and their application; (2) the nature, scope and function of jails, prisons, probation and parole; (3) the impact of incarceration on crime, communities, and racial justice; (4) the effectiveness of rehabilitation programs; (5) the collateral consequences of a criminal conviction; (6) special prison populations (e.g., mentally ill) and policies (e.g., solitary confinement); (7) prison litigation and conditions of confinement; and (8) parole, risk prediction, and prisoner reentry. These topics will be considered as they play out in current political and policy debates. Guest lectures may include presentations by legal professionals, victims, offenders, and correctional leaders. This course is open to 1Ls, 2Ls, and 3Ls in the Law School. Special Instructions: Grades will be based on class participation (which will include a class presentation), and three reflection papers of 5 to 7 pages each. Due dates will be listed in the class syllabus. Elements used in grading: Final grades will be based on the three reflection papers (25% each) and class participation (25%).
Last offered: Autumn 2017
| Units: 3
LAW 2013:
United States v. Milken: A Case Study
The most recent financial crisis that began in 2008 has resulted in a call, mostly ignored, for significant jail time for those allegedly responsible, without any explanation of the crimes that may have been committed. The aggressive use of the criminal laws to respond to perceived financial abuse probably had its birth in the prosecution of Michael Milken. Although folks will differ about the prosecution, there is no realistic dispute about the influence Mr MILKEN has had in creating the markets which made possible for new ideas and ventures to have access to the capital needed to build and thrive. . MILKEN effectively developed the so called "junk bonds" market which was the engine that allowed for this theoretically high risk capital to be effectively deployed. As the high yield market grew, Michael Milken and the firm he worked for, Drexel Burnham became the largest and most effective competitor in the market place. This led to a call for an investigation and coincided with a significant insider trading investigation centered on Ivan Boesky (fictionalized in the first Wall Street movie). The US Attorney in NY at the time was Rudolph Giulliani (later Mayor of NY and, more recently, know for his representation of President Trump in various matters including the Ukrainian matter) who led the investigation. Ultimately Mr MILKEN was indicted and pled guilty and was imprisoned. This seminar will involve an in depth study of the circumstances surrounding the high yield securities market and the investigation, indictment and guilty pleas and the subsequent impact of the case. The seminar will examine the tools available to prosecutors, including the use of the Racketeer Influenced and Corrupt Organizations Act (RICO) in white collar cases, in pursuing this and other cases, the affect of the media in high profile cases and other systemic elements that come into play. The seminar will feature presentations of many colorful key players including those involved in the prosecution and defense and those with knowledge of the high yield markets. The seminar will be taught jointly by Professor Mills (who was intimately involved with Mr MILKEN and defended some of the other cases which arose at the time) and Richard Sandler who served as Michael Milken's personal counsel throughout the time and has continued to work with Michael Milken to the present time. Elements used in grading: Class presentation and final paper.
Last offered: Winter 2020
| Units: 2
LAW 2015:
Advanced Criminal Law
The intensity of the current debates over criminal law and criminal justice policy is at an unusually high level, with strong and conflicting positions being staked out in the areas of race and crime, policing, incarceration and sentencing, drug policy, and guns. We will be discussing these topics with a mixture of doctrinal analysis of key issues, review of secondary commentaries on key aspects of criminal justice policy, and analysis of empirical papers that illuminate important elements relevant to these legal and policy debates. Elements used in grading: Grading will be based on attendance, class participation, one-to-two-page response papers to readings, and three six-page papers on topics distilled from each of the three three-week blocks in the course.
Last offered: Spring 2020
| Units: 3
LAW 2016:
Violence and the Law
This seminar will explore how the law thinks about violence. Across various legal domains---e.g., criminal law, criminal procedure, juvenile justice, immigration, domestic violence, family law, civil rights, free speech, firearms regulation---we will study when and to what extent the law marks off violence as a category of distinct concern, how violence is defined, and what ideas the law reflects about how violence operates. Students may elect to write a substantial research paper or a series of short response papers. 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, Response Papers or Final Paper.
Last offered: Winter 2018
| Units: 2-3
LAW 2018:
Wrongful Convictions: Causes, Preventions and Remedies
Over the course of the past two decades there has been increasing recognition that, despite its commitment to the concept of proof beyond a reasonable doubt, our criminal justice system yields a steady stream of wrongful convictions. This Seminar will focus on some causes, preventions and potential remedies for this phenomenon. Subjects to be addressed include eyewitness identification, interrogations and confessions, jailhouse informant testimony, forensic evidence, the psychology of tunnel vision and confirmation bias, the role of appellate review and habeas corpus, the role of clemency, the impact of the problem on the death penalty, and issues around compensation of those who have been wrongly convicted. As we study these subjects, we will also reflect on whether taking some reforms too far will impair on the efficacy of legitimate law enforcement. The class will meet for two hours each week. In addition, there will be three additional evening or weekend sessions (to be scheduled at the convenience of the participants). During each of these additional sessions, students will watch a film involving a wrongful conviction and will engage in conversation about the particular case involved. Each student will be responsible for preparing a paper on an appropriate topic to be chosen in consultation with the instructor. Consent Instructions: 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: Class participation; Paper.
Last offered: Winter 2020
| Units: 3
LAW 2019:
Criminal Procedure: Theoretical Foundations
This course examines the theoretical foundations of criminal procedure---political, historical, and, above all, philosophical. What are the ideas at work in the American system of criminal procedure? How, historically, did the system develop, and why does it presently function as it does? Is the system broken and, if so, what principles should orient us in fixing it? This theoretical inquiry has a practical point. Procedure plays a major role in the present crisis of American criminal justice. By examining criminal procedure's theoretical foundations, this course aims to develop competing "big picture," synthetic perspectives on the criminal justice crisis as a whole. Thus, for students interested in criminal justice reform, this course will equip you to take a philosophically richer view of the underlying policy issues. For students thinking about a career in criminal law, this course will equip you to engage in large-scale thinking about how criminal procedure should change, rather than just working within the doctrinal and institutional structures that exist at present. For students interested in legal academia, this course will develop your ability to read sophisticated theoretical material, to write in the same vein, and to relate theoretical ideas to policy prescriptions. Elements used in grading: Class participation and, based on individual student preference, either a final reflection paper or a final research paper. 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. Cross-listed with Philosophy (PHIL 375K).
Last offered: Spring 2018
| Units: 2-3
LAW 2020:
History of Criminal Justice
This seminar will deal with the history of criminal justice in the United States, since the colonial period. The emphasis will not be on doctrines of criminal law, or (for the most part) on reported case law; but rather on the relationship between the working criminal justice system and American society. Indeed, throughout our history, there has been a huge gulf between the formal law and the way the system actually operated. At all points, the criminal justice system has responded to social, economic, political and cultural factors; and it is these that the course will focus on. The students will read a number of original sources that bear on the relationship between law and society, including sources on the rise of the penitentiary, the death penalty, the development of correctional methods, such as parole and indeterminate sentences; also race and gender relations and their influence on criminal justice. The course will also look at the rise and fall of laws controlling moral and sexual behavior. Students will be expected to write brief reflection papers (roughly two pages) before each of the sessions in which readings will be discussed. The reflection papers should not be mere summaries of the readings, rather, students will explain how the readings bore on the general theme or themes of the course; and the student's reaction to the writer's point of view. Each student will also be asked to develop a topic, carry out research, and write a paper on one or more aspects of the history of criminal justice. Papers can either be synthetic (a review of the literature on some aspect of the history of criminal justice) or embody original research, using such material as court files, older treatises, and newspaper and periodical literature. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Automatic grading penalty waived for writers. Elements used in grading: The grade in the seminar will be based on the paper, and (to a degree) also on class participation, including the reflection papers and an extended take-home exam or an independent research paper.
Last offered: Winter 2022
| Units: 2
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 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
LAW 2023:
Law, Order & Algorithms
Human decision making is increasingly being displaced by predictive algorithms. Judges sentence defendants based on statistical risk scores; regulators take enforcement actions based on predicted violations; advertisers target materials based on demographic attributes; and employers evaluate applicants and employees based on machine-learned models. One concern with the rise of such algorithmic decision making is that it may replicate or exacerbate human bias. This course surveys the legal and ethical principles for assessing the equity of algorithms, describes statistical techniques for designing fair systems, and considers how anti-discrimination law and the design of algorithms may need to evolve to account for machine bias. Concepts will be developed in part through guided in-class coding exercises. Admission is by consent of instructor and is limited to 20 students. CONSENT APPLICATION: To enroll in the class, please complete the course application by March 15, 2021 available at: https://5harad.com/mse330/. Elements used in grading: Grading is based on response papers, class participation, and a final project. Cross-listed with Comparative Studies in Race & Ethnicity (CSRE 230), Management Science & Engineering (MS&E 330), Sociology (SOC 279).
Last offered: Spring 2021
| Units: 3
LAW 2024:
Search Warrants in the Digital Era
This will be a 2-hour advanced criminal procedure class, designed to acquaint students with the challenges confronting judges as they apply the Fourth Amendment to the bewildering array of search and surveillance techniques available to law enforcement in the 21st century. Various surveillance techniques will be examined, such as cell site simulators, GPS and RFID tracking devices, remote computer access (NITs), biometric identification, facial recognition technology, and automated license plate readers. The novel legal and practical issues generated by computer-based search techniques will be explored, for example: Should the plain view exception apply to computer searches? Are ex ante conditions on computer search warrants necessary, or even advisable? When is compulsion of biometric device identifiers appropriate? Can providers be compelled to decrypt locked cell phones? What are the notice requirements for search warrants directed to service providers? What limits should be placed on border searches of electronic devices? After the Supreme Court's 2018 decision in Carpenter, what rules govern law enforcement access to medical or genetic databases maintained by third parties? How is a cell tower dump order distinguishable from a general warrant? What are the particularity requirements for search warrants seeking electronically stored information? Should there be super-warrant requirements pertaining to minimization and overcollection for such searches? What about extraterritoriality and conflict of law issues raised by U.S. law enforcement access to data stored on foreign servers? Broader policy questions will also be addressed. For example, is it sensible to rely on the exclusionary rule to develop Fourth Amendment doctrine in this "golden age of surveillance"? Are courts or legislatures better equipped to regulate modern police investigations? What lessons can be learned from comparative approaches to police regulation in other countries? The course will build upon foundations laid in the Criminal Procedure--Investigation and Criminal Procedure--Adjudication courses. Those classes touch upon the basics of search warrants and the Fourth Amendment, and both are recommended prerequisites for this class. The next generation of judges, prosecutors, defense attorneys, and civil rights advocates will be forced to apply existing legal precedent to unprecedented surveillance technologies generated by the digital era. This course is designed to help them meet that daunting challenge. Elements used in grading: Attendance, Class Participation, Final Exam.
Last offered: Spring 2020
| Units: 2
LAW 2025:
Search and Seizure Issues for Criminal Lawyers
This seminar on selected issues in search and seizure for criminal lawyers will enhance your future clinic experience. Students will explore thorny issues raised in suppression motions using fact patterns and investigative materials from actual, prior clinic cases. Assigned readings will include briefs and governing caselaw on each topic. Students can take the course for either 2 or 3 units. Students electing 3 units will write an additional 10 page brief. After the term begins, students enrolled in the course can transfer from section 01 (2 units) into section 02 (3 units) with consent of the instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. This seminar will be offered to students who were enrolled in the Spring 2020 Criminal Defense Clinic (which was cancelled). Depending on enrollment, other students may be considered with the consent of the instructors.
Last offered: Spring 2020
| Units: 2-3
LAW 2026:
American Criminal Justice and Its Discontents
In this course students will participate in direct dialogs with major national experts and institutional leaders from a variety of perspectives on the country's criminal law system. We will hear from experts and leaders from law enforcement, prosecution, public defense, the judiciary, and corrections, and policy experts (including from the academic world). The thematic coverage of the course will be broad, covering empirical assessments of the state of criminal justice in the US, efforts to bring the country out of the phase of mass incarceration while maintaining record-low crime rates, reforms in our sentencing laws (including the death penalty), assessing what is meant by the rubric "progressive prospection," the workload challenges of public defenders, addressing the problem of wrongful convictions, and racial discrimination in both investigation and adjudication of crime. Each week there will be a Zoom interview with a guest. The instructors will interview the guests, and students will then participate in a Q and A phase. The interview sessions will generally run 90 minutes. For each guest there will be preassigned material to be read before the interview. Within 2 days after each interview, students will turn in 3-page reflection papers derived from the interview and reading. The final product will be a 10-page essay on a topic that has emerged from the course. This 10 page paper need not me a scholarly or research endeavor. It can be, in effect, a more extended reflection essay. We anticipate that for most weeks we will have one guest, either Monday or Wednesday, and the other day will be reserved for more elaborate discussions of the most previous guest's presentation or of reading for the next guest. There may be one or 2 weeks where we have 2 guests. While we are just now settling the guest list and anticipate some very exciting additions, for sure it will include Barry Scheck, founder of the famed Innocence Project. Professor Rachel Barkow of NYU. Leading authority on criminal justice administration. Earlonne Woods, former California life prisoner and co-creator and now co-producer and writer for of the Ear Hustle podcast. George Gascon, former Police Chief and former District Attorney of San Francisco and now candidate for Los Angeles County District Attorney. Professor John Donohue of Stanford, widely regarded as the nation's leading empirical researcher of crime and sentencing. Professor Sherri Lynn Johnson of Cornell, expert on the death penalty, who successfully argued the dramatic Flowers v. Mississippi case in SCOTUS last year (overturning a death verdict because of racial discrimination in jury selection.). Enrollment: Limited to 25 students; slots are guaranteed for students who had been enrolled in the Three Strikes Project course or Advanced Criminal Law for Spring term. Schedule. There may be a few sessions at a different time to accommodate our guests' schedules and constraints. The attendance rule for students is that they must ensure live attendance at least 8 of the sessions. For any missed session, the student must view the recorded video of the session within 24 hours and submit the reflection paper on schedule. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2020
| Units: 3
LAW 2027:
Prosecutorial Discretion and Ethical Duties in the Enforcement of Federal Criminal Law
Prosecutors wield enormous power over life, liberty and reputation and are subject to ethical standards higher than those that apply to other attorneys. As former U.S. Supreme Court Justice Sutherland recognized in the context of federal prosecutors, "[t]he United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done." A U.S. Attorney may "strike hard blows" but not "foul ones." This course examines the distinct roles and responsibilities of U.S. Attorneys in the enforcement of federal criminal laws. We will review the ways in which a federal prosecutor exercises discretion in deciding whether or not to charge, what crimes to charge, and what punishments to seek. We will examine charging both individuals and corporate entities in the context of the priorities and policies of different administrations as well as the prosecutor's individual ethical obligations. This will be done on both a practical and conceptual level. Introductory sessions will focus on the historical evolution of the office, beginning with the Judiciary Act of 1789, and examine the office's complex (and unique) role within the system of separation of powers (including the appointment of Independent Counsel, Special Counsel and the judicial appointment of United States Attorneys). It will also explore related theoretical questions involving the prosecutorial role as well as challenges to the constitutionality of the judicial role in selecting US Attorneys. The bulk of the course will involve class sessions centered on different federal cases that involved difficult questions of prosecutorial decision-making. We will discuss the tools prosecutors use in exercising their discretion, including non-prosecution agreements, deferred prosecution agreements and cooperation agreements. The course will also explore the relationship between the U.S. Attorney and "Main Justice" and the extent to which the U.S. Attorney has independent decision-making authority. It will delve into the conflicts that may arise, and it will examine the appropriate framework for resolution of those conflicts. All students will write a paper for the class. Students may optionally elect to write an independent research paper for R credit. Students should submit at least 15 pages in the non-R (01) section. Students receiving R credit must abide by the Law School's research paper requirements -- which have the effect, because this is a three-credit course, of imposing a 26-page minimum. After the term begins, students accepted into the course can email registrar@law.stanford.edu to transfer from section (01) into section (02), which meets the R requirement. Please observe the Registrar's deadline (final study list deadline) for switching into the R section. Elements used in grading: Attendance, class participation, research paper.
Last offered: Autumn 2020
| Units: 3
LAW 2028:
Criminal Justice and the Crisis of American Democracy
How is the crisis of American criminal justice connected with the crisis in American democracy? How can policing, prosecution, and punishment best be reformed in an era of polarization? What does the rise of exclusionary forms of populism mean for criminal law and criminal procedure? This seminar will address the opportunities for, and obstacles to, rethinking criminal justice in the current political moment. Topics of discussion may include police reform and police defunding, progressive prosecution, holistic defense, juries, clemency, and balancing expertise, professionalism, and popular participation in criminal justice. Students may elect to write a substantial research paper or a series of short response papers. Students taking the course for R credit can take the course 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, response papers or final paper.
Last offered: Winter 2022
| Units: 2-3
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 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 2030:
Police and Prisons: German and American Approaches to Reform and Abolition
The Stanford Criminal Justice Center and the Institute of Criminal Law and Criminal Justice at University of Gottingen will partner in offering a Spring 2024 seminar for Stanford Law School students and Gottingen students. The seminar will compare debates about reforming, abolishing, or defunding prisons and police in the United States and in Germany. The legal systems of the United States and Germany differ considerably but also share similarities, including that both are federal systems with significant regional variations. A comparative study of debates over criminal justice reform in the two systems will deepen students' understanding of their home jurisdiction's legal system and broaden their perspective on the criminal legal system and how it might be transformed. The seminar will meet five times during the Spring 2024 quarter, on Thursdays (April 11, 18, 25, May 2, 9) from 10:00 am-12:00 pm California/US time (7:00-9:00 pm German time). Grades will be determined based on class participation in the weekly discussions and the submission of one or two (5-page) reflection papers written about the course readings.
Terms: Spr
| Units: 1
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 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
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 the relevance of procedural choices to civil rights and public law litigation. 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, 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, mandatory arbitration, and nationwide injunctions. The course should be of particular interest to aspiring litigators (in any substantive area) and social justice lawyers (litigators or otherwise), and complements other curricular offerings in complex and constitutional litigation. Elements used in grading: Class participation, Exam.
Terms: Spr
| Units: 3
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
LAW 2402:
Evidence
This course examines the law of proof, with special attention to the Federal Rules of Evidence, constitutional restrictions on proving facts in criminal cases, and selected provisions of the California Evidence Code that diverge significantly from federal law. Topics include relevance, unfair prejudice, hearsay, confrontation, character evidence, impeachment, and expert witnesses. The instructor may override waitlist priority to accept a limited number of JD students in special circumstances. Elements used in grading: Final Exam.
Terms: Spr
| Units: 4
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. These roles are defined by both constitutional and statutory directives and limitations. Many of them implicate central themes of judicial supremacy and judicial review. The subjects likely to be covered include congressional control of the jurisdiction of the Supreme Court of the United States, lower federal courts, and state courts; the justiciability doctrines of standing, ripeness, and mootness; the nature of constitutional and statutory federal question jurisdiction; federal common law and implied causes of action; sovereign immunity; the abstention doctrines; and habeas corpus. The course is strongly recommended for students interested in pursuing a judicial clerkship and/or a career in litigation. Elements used in grading: Class attendance, class participation, one-day take home exam.
Terms: Aut
| Units: 4
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, 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 2404:
Global Litigation
German owned VW admits that it included a "defeat device" in the software for its diesel cars so they could fraudulently pass US environmental tests, and is sued by thousands of US consumers in state and federal courts in the US. Very quickly, the cases are consolidated in the federal court in Northern California. Meanwhile, special purpose foundations are established in the Netherlands to seek a settlement with VW on behalf of European consumers under the Dutch collective settlement act, and a securities lawsuit on behalf of investors whose share values have dropped dramatically is filed in Germany, using that country's special group litigation procedure. The Dutch foundations may be coordinating their actions with US lawyers, the shareholders in Germany are represented by the local partners of a leading US-based litigation boutique, and the shareholder suit is funded by a UK-based international litigation financing firm. In 2019, a jury in E.D. Va. delivers a verdict holding a former Somali army commander now living in the U.S. liable under the Torture Victim Protection Act for compensatory and punitive damages to a Somali citizen he injured 30 years ago. The plaintiff is represented by the Center for Justice & Accountability in San Francisco and DLA Piper lawyers serving pro bono; the witnesses include public and private actors from different countries. In 2011, US-based Apple sues Korea-based Samsung for patent infringement in N.D. CA and Samsung counter-sues in Korea, Japan and Germany. A year later more than 50 lawsuits are ongoing in more than 10 countries. Two years later the companies agree to drop their litigation outside the US and focus their resources on their US litigation battle. Apple wins a big judgment in the federal court in San Jose but Samsung appeals all the way up to the U.S. Supreme Court. SCOTUS rejects the appeal and remands and in Spring 2018 the case is on the calendar for the third time in San Jose. Philip Morris' Hong Kong subsidiary files a claim in an international arbitration tribunal charging that Australia's public health protection statute regarding tobacco marketing violates Australia's bi-lateral investment treaty with Hong Kong. The arbitration claim is filed after the parent company unsuccessfully challenged Australia's statute before the High Court. In December 2015 the arbitration tribunal rules that it does not have jurisdiction over Philip Morris' claim effectively dismissing it. But controversy over Philip Morris' and other multi-national corporations' attempts to use investment arbitration to challenge diverse health, safety and environmental protection regulations derails international trade negotiations and leads to efforts to establish an international court for investment disputes. These high-profile cases illustrate an important aspect of complex litigation: across many different substantive domains, in court and ADR proceedings, disputes that used to be contained within national borders are now trans-national. This seminar will consider the doctrinal, procedural and practical challenges that arise when litigation goes global. We will consider the high profile cases in which these issues have played out in recent years and hear from some of the lawyers (in-person or via zoom) who are creating a new virtual international court system for the resolution of global disputes. The goal of the seminar is to develop an understanding of how the global dimension of high-stakes complex disputes shapes parties' and lawyers' strategies and judges' decisions. The seminar will meet 3 times a week. A small number of seminar sessions will be conducted via zoom in collaboration with law faculty and students in Canada, the Netherlands and Germany, three countries that have adopted procedures for dealing with large-scale civil litigation in distinctive fashions. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Elements used in grading: Class participation and course paper.
Terms: Aut
| Units: 4
LAW 2406:
Conflict of Laws
(Formerly Law 251) Instances are common in law where more than one legal authority potentially governs a particular event, occurrence or transaction. When the outcome required by these authorities differs, which law governs? Beginning with the classic problem of choosing an applicable law in cases with facts touching more than one jurisdiction, this course is designed broadly to explore the variety of theories and systems used to resolve this question. The course thus uses state/state conflicts to develop a set of approaches and then extends these to such other problems as adjudicatory jurisdiction, judgments, federal subject-matter jurisdiction, and public and private international law. Elements used in grading: Attendance, preparation, participation and final examination.
Last offered: Spring 2019
| Units: 3
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 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
LAW 2408:
Advanced Federal Courts
This advanced course in structural constitutional law builds on concepts, doctrines, and themes developed in Federal Courts. Modern doctrines attempting to reconcile federalism, the supremacy of federal law, separation of powers, and the specific jurisdictional limitations of Article III judicial power raise complex questions about the nature and scope of judicial review, remedies, the adversary system, and alternatives to adjudication, among other subjects. This course is designed to allow students to deepen their expertise and explore discrete topics in a tutorial-style format with the instructor. Individual topics will be selected on the basis of student interest in consultation with the instructor, appropriate reading will be selected for analysis and discussion (generally by using a canonical or innovative text as a springboard), and students will be guided in the development of novel doctrines, theories, and practical solutions to some of the most vexing issues in the field. Evaluation will be based on participation in mentored research and tutorial engagement as well as the creativity, prose quality, and persuasiveness of the paper. Students may take the course for 1-3 units. The paper requirement is 10-12 pages for each unit. Student electing 2 or 3 units should enroll in Section 02 (which can count for R-credit). Class sessions to be scheduled in harmony with students' other course commitments. Elements used in grading: Written Assignments, Final Paper. Prerequisite: Federal Courts. 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.
Last offered: Spring 2020
| Units: 1-3
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-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
LAW 2410:
Comparative Evidence Law
Sponsored by Professors George Fisher and David Sklansky, this one-credit, one-month seminar is the creation of its two primary instructors, Professors Joan Picó i Junoy and Juan Antonio Andino López, both of the Universitat Pompeu Fabra. Professors Picó and Andino aim to enable students to compare the evidence principles of the common law, as practiced in the U.S. and U.K. and some British Commonwealth Countries, with the civil law evidence principles embraced in France, Germany, Italy, and Spain. The course will benefit students who someday may take part in transnational litigation or business transactions or will engage in cross-cultural research. After a brief historical review of the development of these two procedural traditions, our focus will shift to an overview of civil law evidentiary principles with emphasis on the roles of the judge and parties in preparing the evidence. Then we take up a comparison of rules governing character evidence, witness competency, hearsay, and scientific evidence, as well as evidentiary privileges and standards and burdens of proof. Elements used in grading: Attendance, Class Participation, Final Paper. Class meets Tuesdays, 6:30PM - 8:30PM, April 5, 12, 19 (6:30PM - 9:30PM), and 26.
Last offered: Spring 2022
| Units: 1
LAW 2411:
The Political Economy of Civil Procedure
When you first encounter civil procedure in your 1L fall quarter, it may seem dry and technical. If you take advanced procedure or complex litigation or do a summer clerkship in litigation, you will move on to considering the more interesting strategic use of procedural rules. But, with so much to learn so fast there often isn't time to talk about the political economy dimension of the rules. Moreover, for reasons we will discuss in this seminar, the rules are conventionally presented as neutral, notwithstanding the fact that they determine who gets access to court, for what types of claims, and with what sorts of potential outcomes. In fact, the civil procedure rules have huge distributional consequences: some sorts of claims and claimants are advantaged and some are disadvantaged by them. Not surprisingly, then, the rule drafting process is dominated by interest group politics and in recent decades, key U.S. Supreme Court decisions interpreting civil procedure rules have been shaped by the justices' ideological preferences. At the same time, the procedural rules affect the efficiency of the litigation process: how fast disputes are resolved and at what cost, which are important to litigants on both sides of the v. Hence, there are non-ideological as well as ideological rationales for certain rules and rule interpretations. In this seminar, we will consider the distributional consequences of the rules that shape the key stages of the civil litigation process, focusing on the pretrial stage at which most civil disputes are resolved. We will read key rules, selected court decisions interpreting their application, and commentary on interpretation (some empirically grounded), focusing on political economy perspectives. Where source materials exist, we will discuss interest group lobbying for and against rule changes and who won and lost these interest group competitions. I also hope to have a few guest speakers who have been "on the ground" as these efforts took place join us to share their observations. Our topics will include the composition of and appointment to the Civil Rules Advisory Committee, pleading rules, enforcement of mandatory pre-dispute arbitration contract clauses, discovery, summary judgment, class action certification and settlement approval, and third-party litigation financing. During the quarter, students will choose 2 - 3 topics from our syllabus and write brief (6-8 page) reflection papers considering their anticipated distributional consequences and efficiency arguments for those rules, referring inter alia to syllabus materials on relevant interest group efforts and empirical research (if any). Students taking the seminar for 2 credits will write 2 papers; students taking the seminar for 3 credits will write 3 papers, but all students will attend all seminar sessions. Papers must be submitted on the FRIDAY of the week before the session at which your chosen topic is discussed. Each student will also lead ONE discussion session on a topic of their choice. Depending on the number of students, these sessions may be led by one or several students collaboratively. Elements used in grading: Attendance, Class Participation, Written Assignments.
Terms: Spr
| Units: 2-3
LAW 2502:
Climate Change Policy: Economic, Legal, and Political Analysis
(Formerly Law 746) This course will advance students' understanding of economic, legal, and political approaches to avoiding or managing the problem of global climate change. Beyond focusing on economic issues and legal constraints, it will address the political economy of various emissions-reduction strategies. The course will consider policy efforts at the local, national, and international levels. Theoretical contributions as well as empirical analyses will be considered. Specific topics include: interactions among overlapping climate policies and between new policies and pre-existing legal or regulatory frameworks; the role that jurisdictional or geographic scale can play in influencing the performance of climate policy approaches; and numerical modeling and statistical analyses of climate change policies. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Economics (ECON 159).
Last offered: Spring 2017
| Units: 4
LAW 2503:
Energy Law
The supply of a safe, reliable, low-cost and clean energy for the United States is a key determinant of current and future prosperity. It is also the most important element of both state and federal decarbonization efforts. Electric utilities are also among the most heavily regulated of large firms. This statutory and regulatory framework is composed of a complex patchwork of overlapping state and federal rules that is constantly evolving to meet emerging challenges. In this course, students will acquire a basic understanding of the law of rate-based regulation of utilities. We will then examine the history of natural gas pipeline regulation in the United States, concluding with the introduction of market competition into US natural gas markets and the advent of shale gas. Next, we will cover the basics of the electricity system, including consumer demand, grid operations, power plant technologies and electricity sector economics. We will then revisit cost of service rate regulation as it has been applied in the electricity context. Next, we will examine reform of both rate-regulated and wholesale market-based structures, focusing on various attempts to introduce market competition into specific segments of the industry. Finally, students will examine various approaches to subsidization of utility scale renewable energy and the growth and compensation of distributed energy resources. Throughout, the course will focus on the sometimes cooperative, sometimes competing, but ever evolving federal and state roles in regulating the supply of electric power as a unique example of cooperative federalism. Students will write two 1000-word response papers during the quarter in addition to taking a final exam (composed of two 1000-word essays). Elements used in grading: Class participation (20%), written assignments (40%), and final exam (40%).
Terms: Spr
| Units: 3
LAW 2504:
Environmental Law and Policy
Environmental law is critically important and endlessly fascinating. In this course, we will look at the major statutes and policies used, at both the federal and state levels, to protect humans and the environment against exposure to harmful substances, including the Clean Air Act, Clean Water Act, Superfund, and the Resource Conservation & Recovery Act. This class will also examine the National Environmental Policy Act and the challenges of climate change. The class will look not only at the substance of these laws and policies, but also at enforcement challenges, alternative legal mechanisms for advancing environmental policies, the roles of market mechanisms in addressing environmental problems, and constitutional restrictions on environmental regulation. As part of the class, students will engage in a series of situational case studies designed to provide a better sense of the real-world issues faced by environmental lawyers and to teach students the skills and tactics needed to solve those issues. Elements used in grading: Attendance, Class Participation, Exam.
Terms: Spr
| Units: 3
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
LAW 2506:
Natural Resources Law and Policy
Environmental law subsumes two major sets of issues. One set of issues, which is the subject of Environmental Law & Policy (Law 2504), focuses on pollution containment (e.g., the Clean Air Act and the Toxic Substances Control Act). This course focuses on societal management of the natural world and natural resources (e.g., energy, water, and living species). Natural resource management presents extremely difficult and contentious issues of law and public policy. Major debates rage over whether farmers should do with less water in order to protect endangered fish species, how to equitably allocate water and energy, and whether federal land agencies should emphasize preservation, recreation, or resource extraction. This course is a survey course and will look at fish and wildlife protection (including the protection of endangered species), freshwater, energy, and public lands. A major goal will be to look at the flaws in current management and how that management can be improved. Class sessions will include both (1) critical examinations of current laws and policy and (2) in-depth discussions of situational case studies that force you to consider how you would address real-life issues. Students are expected to participate actively in class discussions. Elements used in grading: class participation and final exam (open book).
Last offered: Winter 2023
| Units: 3
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, 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
LAW 2509:
Clean Energy Project Development and Finance
(Formerly Law 774) This case study-oriented course will focus on the critical skills needed to evaluate, develop, finance (on a non-recourse basis), and complete grid-scale clean energy projects. This course will be essentially the same as in the past four years (when it was cross-listed as GSB GEN 335). This course is highly multi-disciplinary, both in terms of substance and student mix. The course has consistently had a significant mix of business, engineering, law and earth science students. As in the past, the course will focus on the issues associated with the business of developing, financing, constructing and operating grid-scale clean energy projects. The course will focus on what a project developer or lender (i.e., in either case, the business person) needs to know to develop and finance successful projects. The project development business--far more than many other businesses such as tech, manufacturing, consumer, services, retail or transportation--inherently involves a VERY long list of highly-germane and critical legal issues. We address the legal issues from the perspective of what a business person needs to understand in order to navigate them and complete a project. The primary course materials will be documents from several representative projects -- e.g., solar, wind, storage, carbon capture, transmission, combined heat & power -- covering key areas including market and feasibility studies, environmental permitting and regulatory decisions, financial disclosure from bank and bond transactions, and construction, input, and offtake contracts. For virtually every clean energy project, legal documents and financial/business models tend to highly customized. By examining actual projects and transactions we can learn how developers, financiers, and lawyers work to get deals over the finish line--deals that meet the demands of the market, the requirements of the law, and (sometimes) broader societal goals, in particular climate change, economic competitiveness, and energy security. Elements used in grading: Class Participation (35 %), Lecture-based Assignment (15 %), Group Project (50 %). Absences affect grade. This class is limited to 36 students, with an effort made to have students from SLS, GSB, engineering and earth sciences. (All students need to be graduate students.) 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). Students are encouraged to apply as early as possible. See Consent Application Form for instructions and submission deadline.
Last offered: Spring 2019
| Units: 3
LAW 2510:
California Coast: Science, Policy and Law
This interdisciplinary course integrates the legal, scientific, and policy dimensions of how we characterize and manage resource use and allocation along the California coast. We will use this geographic setting as the vehicle for exploring more generally how agencies, legislatures, and courts resolve resource-use conflicts and the role that scientific information and uncertainty play in the process. Our focus will be on the land-sea interface as we explore contemporary coastal land-use and marine resource decision-making, including coastal pollution, public health, ecosystem management; public access; private development; local community and state infrastructure; natural systems and significant threats; resource extraction; and conservation, mitigation and restoration. Students will learn the fundamental physics, chemistry, and biology of the coastal zone, tools for exploring data collected in the coastal ocean, and the institutional framework that shapes public and private decisions affecting coastal resources. There will be 3 to 4 written assignments addressing policy and science issues during the quarter, as well as a take-home final assignment. Special Instructions: In-class work and discussion is often done in interdisciplinary teams of students from the School of Law, the School of Engineering, the School of Humanities and Sciences, and the School of Earth, Energy, and Environmental Sciences. Students are expected to participate in class discussion and 2-3 Saturday field trips. Elements used in grading: Participation, including class session and field trip attendance, writing and quantitative assignments. Cross-listed with Civil & Environmental Engineering (CEE 175A/275A).
Terms: Spr
| Units: 4
LAW 2512:
Cities and Sustainability: Current Issues, Policy, and Law
Cities are on the front lines of solving many of society's sustainability problems, from advancing green buildings and clean energy, to preparing for the effects of climate change. With a diminishing role of the federal government on environmental policy and regulation, it is up to sub-nationals like states and cities to lead innovation and deployment of clean energy, resilience strategies, water management, and more. This class will explore the evolving role of cities in advancing sustainability from the lens of law, policy, planning, and governance. Some of the topics we will discuss in-depth include climate mitigation, clean energy, green buildings, climate adaptation and resilience, water supply and reuse, land use and transportation, and more. Case studies will focus on U.S. cities with some emphasis on California. Overarching themes across all content areas include legal constraints of city authority, governance, socioeconomic tradeoffs, and the roles of various types of institutions in developing, advancing, and advocating for local policy change. Elements used in grading: Attendance, Class Participation, Written Assignments, Exam. Cross-listed with Environment and Resources (ENVRES 212).
Last offered: Spring 2018
| Units: 2
LAW 2513:
Climate: Politics, Finance, and Infrastructure
While climate change is often considered an 'environmental problem', the risks and opportunities embedded in a changing climate go well beyond the natural environment. This course reframes climate as a macroeconomic challenge, one in which multilateral politics, global investment, and distribution of impacts must be understood and reconsidered. Based on readings and guest speakers, this interdisciplinary course traces the arc of climate past, present and future on the pillars of politics, finance, and infrastructure (both physical and institutional). Grounded in the latest climate science and the history of global climate negotiations, the bulk of the course investigates innovations at the intersection of finance, law and policy, with particular emphasis on risk management, legal liability, corporations, climate justice and resilience. The final sessions look to the future and consider how the next generation of leaders might solve the greatest challenge of our time. Elements used in grading: Students may take the course for 2 units (section 1) or 3 units (section 2). Section 1 and 2 students will receive grades for attendance, in class participation and guest-speaker questions. Section 1 students will complete a group presentation on the design of a financial, business, legal or policy intervention with the potential to reduce emissions on a large scale. Section 2 students will be required to write an individual research paper meeting the Law School's R paper requirements. This class is limited to 60 students, with an effort made to have students from SLS (30 students will be selected by lottery) and 30 non-law students by consent of the instructor. 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.
Terms: Win
| Units: 2-3
LAW 2515:
Environmental Justice
This course will introduce environmental justice as a social movement, including its central substantive concerns (the needs of humans in the built environment rather than the need to protect the environment from humans) and its methods (community-based political organizing rather than professionalized judicial or legislative action). The bulk of the course will then pursue a broader conception of environmental justice today by using social science research, theory, and case studies to investigate the civil rights and poverty aspects of environmental safety and natural resources. The course will include units on: (1) toxic exposure and public health disparities stemming from the disproportionate siting of locally-unwanted land uses in poor neighborhoods of color; (2) access to natural resources and basic public services, including clean water, wastewater disposal, and open space; (3) tools in environmental justice advocacy (including community-based lawyering, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, common law nuisance actions, and transactional lawyering); (4) environmental justice issues in Indian Country, and (5) environmental justice issues in climate change policy. Much of the course material, including student presentations, will be grounded in the experiences and advocacy histories of specific communities, both urban and rural, across the country. This class is limited to 25 students, with an effort made to have students from SLS (20 students will be selected by lottery) and 5 non-law students by consent of instructor. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Course requirements will include class participation, in-class presentation, and either response papers (section 01) or a long research paper for R credit (section 02). A maximum of 10 students will be permitted to write the long research paper with instructor consent. 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 instructor. Elements used in grading: Class participation, in-class presentation; response papers or a final research paper.
Terms: Aut
| Units: 3
LAW 2516:
Natural Resources Law and Policy - South Africa: Field Study
This is the South Africa Field Study component of Natural Resources Law and Policy (LAW 2506). For details, see course description for Law 2506. This course will look at three issues covered in Natural Resources Law & Policy from a comparative perspective, focusing on Cape Town, South Africa, and the region surrounding it. First, we will look at the water challenges facing Cape Town, including (a) the supply limitations that led the city to warn in 2018 of a "Day Zero" when it would be forced to turn off everyone's taps and (b) the ongoing water equity issues facing the region's impoverished townships such as Khayelitsha. Second, we will visit with companies and law firms seeking to promote renewable energy projects to discuss the issues that they face. Finally, we will meet with environmental non-profits to examine South Africa's efforts to protect wildlife from poaching and other threats. Students might also participate in small, half-day conference with the University of Stellenbosch examining these and related sustainability issues. Elements used in grading: TBA. 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.
Last offered: Winter 2019
| Units: 1
LAW 2517:
Modern Crosscurrents in Energy and Environmental Law
This course explores the close relationship between energy and environmental law. We will work through the major energy sectors and, for each, discuss key environmental law and policy issues that are influencing energy production and use. Our focus will be on current issues. We'll explore environmental issues that are traditionally associated with the energy sector, including air emissions, waste disposal and cleanup, and oil spills, while also covering new environmental issues emerging from the energy sector including climate change-related regulatory and business risk issues, energy infrastructure permitting issues, and environmental pressure points on the utility industry and on renewable energy and conventional energy projects, more generally. Elements used in grading: Exam; one written assignment; class participation.
Last offered: Autumn 2017
| Units: 3
LAW 2518:
U.S. Environmental Law in Transition
This course offers an accessible survey of timely topics in environmental law and policy as the United States transitions presidential administrations. Taught by two practicing lawyers, the class introduces students from any background to the interactions between local, state, and federal environmental law as they apply to critical policy issues. We will analyze major changes in federal policy, providing historical context for the transformations now underway in the laws and institutions that shape environmental outcomes in the United States. Elements used in grading: Attendance, Class Participation, Final Paper. Cross-listed with Earth Systems (EARTHSYS 108 & 208).
Last offered: Spring 2017
| Units: 1
LAW 2519:
Water Law
This course will study how society allocates and protects its most crucial natural resource -- water. The emphasis will be on current legal and policy debates, although we will also examine the history of water development and politics. The course will focus on United States law and policy, but insights from the course are applicable to water regimes throughout the world, and we will occasionally look at law and policy elsewhere in the world for comparison. Among the many issues that we will consider are: how to allocate water during periods of scarcity (particularly as climate change leads to more extremes); alternative means of responding to the world's growing demands for water (including active conservation); the appropriate role for the market and private companies in meeting society's water needs; protection of threatened groundwater resources; environmental limits on water development (including the U.S. Endangered Species Act and the "public trust" doctrine); constitutional issues in water governance; the human right to water; Native American water rights; protection of water quality; challenges to the substantive reform of existing water law; and interstate and international disputes over water. Students will be expected to participate actively in classroom discussions. Elements Used in Grading: Class participation, attendance and final exam.
Terms: Win
| Units: 3
LAW 2520:
Climate Law and Policy
Climate change poses an existential threat to our planet. This course, open to law school students and graduate students from other schools, provides a survey of the legal and political mechanisms and social forces that may be leveraged to support decarbonization of global energy systems and adaptation to a warming planet. We will start with a brief introduction to climate science and then consider the international, federal, state and local legal regimes applicable to climate change, with an emphasis on U.S. law and policy. We will also consider the societal dynamics animating public and private net-zero commitments and the role that the environmental justice movement has in advancing climate justice. This course will include guest appearances by luminaries and practitioners in the climate space. Grades will reflect class participation, two short papers, and a take-home exam.
Terms: Win
| Units: 3
LAW 2521:
California's Water Policy and Management: Toward a Sustainable Future
This seminar series focuses on the dramatic changes in recent decades in California water policy and management and how water researchers can help forge modern, collaborative solutions that will allow the state to adapt to an uncertain and challenging future. The seminar will meet six times during the Spring Quarter. The heart of the series will include four seminars with panels of outside experts covering the following topics: 1) The diversification of California's water supply portfolio; 2) The rise of the coequal goals of ecosystem restoration and water supply reliability; 3) The ongoing tension between collaborative and adversarial decision-making processes; and 4) Implications for water researchers seeking to help define pathways to meaningful solutions. In addition to these four seminar sessions, there will be an introductory California Water 101 session for students and a closing session on what we have learned. Students will be assigned readings and required to develop questions for discussion. Lead instructor for the seminar will be Landreth Visiting Fellow Dr. Timothy Quinn. Dr. Quinn spent more than ten years as the executive director of the Association of California Water Agencies, and more than twenty years as the Deputy General Manager of the Metropolitan Water District of Southern California. Over the course of that career, he was at the center of every major water management issue facing the state of California, including the state's use of Colorado River water, management of the Bay Delta, and sustainable groundwater management. This class will meet the first five weeks of the quarter. Elements used in grading: Attendance, Class Participation, Written Assignments. Cross-listed with Civil & Environmental Engineering (CEE 266E).
Last offered: Spring 2019
| Units: 1
LAW 2522:
Private Environmental Governance
The tools of private environmental regulation (e.g., eco-certifications, CSR initiatives, supplier contracts) have become an increasingly important source of governance. But how do they work? How do they arise--why and how can corporations participate in these voluntary measures? How do they regulate firm behavior and how can regulators police the tools themselves? This interdisciplinary seminar examines these questions and more, with readings from traditional legal sources (cases, agreements), as well as from economics, political science, and social psychology. Guest speakers and case studies will add real-world context to our exploration of theory. Elements used in grading: Students may take the course for 2 units (section 1) or 3 units (section 2). Attendance, class participation, and short written assignments will factor into grades for both sections. Section 1 students will also prepare a private governance proposal and presentation. Section 2 students will write a research paper meeting the Law School's R paper requirements. After the term begins, students can transfer from section 1 to section 2, which meets the R requirement, with consent of the instructors. Please note that the last two class sessions (May 21 and 28) will have to be rescheduled. Cross-listed with Environment and Resources (ENVRES 228).
Last offered: Spring 2020
| Units: 2-3
LAW 2523:
Climate, Energy, and Democracy
This 1-credit, discussion-based seminar will examine the challenge and promise of responding to climate change in democracy. Combining theoretical readings and real-world examples such as California community choice energy programs and the movement for a Green New Deal, we will explore questions including: To transform our fossil-fuel based economy, do we need more democracy or less democracy, and what practically does either of those things mean? What makes federal climate change legislation so hard to achieve? In contrast, why have many sub-federal communities been successful in adopting climate change policies, and what are the benefits and limitations of these local actions? Grades will be based on a series of short reaction papers and class participation. Elements used in grading: Attendance, Class Participation, Written Assignments. This class will meet 4:15-7:15pm on Mondays - April 20, April 27, and May 4.
Last offered: Spring 2020
| Units: 1
LAW 2524:
Environmental Law Workshop
This workshop will provide students with the opportunity to hear from faculty at other law schools who are at the cutting edge of research in environmental law and policy. This year, the workshop will focus on energy and climate research. Although it is open to all students, the seminar is designed especially for those with an interest in the field who wish to stay abreast of current issues, work, and ideas. Each class will involve a legal expert presenting a scholarly article that is a work-in-progress, giving the students an opportunity to comment on and shape the piece. This class will meet for six sessions on Tuesday afternoons from 4:15 to 5:45 during the winter quarter. It will be a 1-unit Mandatory Pass (MP) class. Elements used in grading include attendance and participation, preparation of written questions for the speakers, and short reflection papers.
Last offered: Winter 2023
| Units: 1
LAW 2525:
Public Lands
The federal government owns and manages 28% of all land in the United States, and 48% in California, the third-highest percentage in the nation. How the federal government manages public lands therefore has profound implications for countless constituencies and users, affecting everything from recreation to conservation to more intensive uses such as mining, timber production, and cattle grazing. This seminar will explore the history, operation, power, and limits of America's federal public-land laws. We will focus on four specific types of public lands--national forests, BLM lands, national parks, and wildlife refuges, learning about the governing laws of each and using modern-day controversies to examine how those laws work in practice and whether (and how) they need changing. We will also devote attention to the historic and present-day exclusion of (and injustices toward) Indigenous peoples and tribes in our public-lands system and opportunities for repair and inclusion moving forward. Readings and discussion, which together will form the backbone of this small seminar, will range from case law to policy papers to pleadings in litigated cases, and throughout the seminar students will complete short assignments tied to the subjects we cover. This course complements, but does not cover, the material in Natural Resources Law and Policy (Law 2506) or Federal Indian Law (Law 7030). Elements used in grading: Class attendance and participation, short assignments, and final take-home exam (open book).
Last offered: Spring 2022
| Units: 3
LAW 2526:
State and Local Climate Law
State and local governments in the U.S. are critical actors and innovators in a new generation of law and policy to confront the climate crisis. Their role is much more significant than as second-best substitutes where international and federal politics are slow or erratic. As regulators, planners, service providers, property owners, conveners, and more, state and local governments hold their own zones of opportunity and legal authority. This course will consider state and local potential in terms of mitigation (to help decarbonize our energy systems and reduce greenhouse gas emissions), including through electricity and gas provision; energy efficiency in buildings; cars, land-use planning, and transportation; and direct regulation of fossil fuel extraction. A second unit of the course will focus on infrastructure and other adaptation efforts related to escalating risks of wildfire, heat, drought, floods, and coastal land loss. A third unit focused on loss and damage will cover the aftermath of climate-related disasters, including the state and local role in decontamination, clean-up, and reconstruction, as well as in insurance and other compensation systems for managing loss of life, property destruction, economic losses, and reconstruction. Our syllabus will minimize overlap with Climate Law & Policy (LAW 2520) (including by mostly skipping Californias cap-and-tr'ade program), so students are encouraged to take both courses. The course will feature several guest lectures by lawmakers and scholars who are leaders in subnational climate action. There are no mandatory prerequisites, though students who have some familiarity with either local government law or climate law/policy will find themselves more quickly at home with the readings and material. Enrollment preference will be granted to law students and E-IPER (or other SDSS) students, but any remaining seats will be offered to undergraduate or graduate students from across the university. Thirty students will be admitted, with an effort made to have 25 students from the law school admitted by lottery and five non-law students admitted by consent of the instructor. Grades will reflect class participation, a brief in-class presentation based on original research, and three short papers derived from each of our three main units. At least one of those three papers can be framed as an exercise in professional writing, for example drafting a model local ordinance. Elements used in grading: attendance, class participation, written assignments.
Terms: Spr
| Units: 3
LAW 2527:
Environmental Justice in Indian Country
Since colonization, Indigenous peoples have faced a wide range of environmental justice issues, from threats to their use of traditional hunting, fishing, and gathering practices; the protection of cultural resources, sacred sites, water resources and the broader environment and human health; adaptation to and resilience in the face of climate change; and tribal sovereignty and governance. This course will examine the environmental justice movement and its relationship to tribal sovereignty and the federal trust responsibility. Students will learn how environmental justice for Native peoples is integral to the legacy of colonization, lack of financial and technical resources for Tribes, and changing federal Indian law policies in U.S. history. This course also seeks to understand how Indigenous movements and activism seek to achieve environmental justice in multiple contexts, including the NODAPL movement, natural resource extraction, protection of water resources, and Indigenous responses to climate change. Students will gain a deep understanding of the challenges faced and lessons learned by Indigenous peoples in their fight of environmental justice. Elements used in grading: Attendance, class participation, written assignments, final paper. Class meets 6:30PM-8:30PM on May 15, 16, 23, 28, and 29.
Terms: Spr
| Units: 1
LAW 2528:
Transitioning to a Clean Energy Economy
Ambitious new federal and state laws and policies are incentivizing a rapid transition of the U.S. economy away from fossil fuels toward clean energy. This course, open to law school students and graduate students from other schools, will survey the legal and policy tools that are being deployed to accelerate a massive shift toward clean energy in all sectors of the economy, and the associated technological, financial, legal and equity challenges associated with building out the clean energy economy. We will review the key incentive- and regulatory-based mechanisms that are driving the transition in major sectors of the U.S. economy--including transportation, electricity, industry, and buildings. Special focus will be placed on siting, permitting, and financial challenges (and opportunities) for utility-scale and distributed clean energy sources; expansion of the transmission grid; and the potential scale-up of new technologies to speed the transition, including nuclear and hydrogen-based power. The course will include guest appearances by governmental officials and opinion leaders who are working to facilitate the build-out of clean energy infrastructure in the U.S. Grades will reflect class participation, two short reaction papers, and a final paper. 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
| Units: 3
LAW 3001:
Health Law: Finance and Insurance
This course provides the legal, institutional, and economic background necessary to understand the financing and production of health services in the U.S. We will discuss the Affordable Care Act, health insurance (Medicare and Medicaid, employer-sponsored insurance, the uninsured), the approval process and IP protection for pharmaceuticals, antitrust policy, regulation of fraud and abuse, and international perspectives on health care finance. The syllabus for this course can be found at https://syllabus.stanford.edu. Elements used in grading: Participation, attendance, and final exam. Cross-listed with Graduate School of Business (MGTECON 331) & Health Research & Policy (HRP 391).
Terms: Win
| Units: 3
LAW 3002:
Health Law: Quality and Safety of Care
(Formerly Law 727) Concerns about the quality of health care, along with concerns about its cost and accessibility, are the focal points of American health policy. This course will consider how legislators, courts, and professional groups attempt to safeguard the quality and safety of the health care patients receive. The course approaches "regulation" in a broad sense. We will cover regimes for determining who may deliver health care services (e.g. licensing and accreditation agencies), legal and ethical obligations providers owe to patients (e.g. confidentiality, informed consent), individual and institutional liability for substandard care, and various proposals for reforming the medical malpractice system. We will also discuss the Patient Protection and Affordable Care Act (aka, "Obamacare"), which has led to many new initiatives aimed at improving health care quality. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. 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: Class Participation, Exam or Final Paper. Cross-listed with School of Medicine (MED 209).
Last offered: Spring 2019
| Units: 3
LAW 3003:
Health Law: The FDA
This course will examine the Food and Drug Administration. It will focus largely on the FDA's regulation of drugs and biologics, but will also cover its regulation of medical devices, nutritional supplements, and its jurisdiction over special legal, social, and ethical issues arising from advances in the biosciences. Special Instructions: The class is open to all law students and graduate or professional students from other parts of the University. 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 209).
Last offered: Spring 2023
| Units: 3
LAW 3004:
Law and Biosciences: Genetics
This seminar will focus on ethical, legal, and social issues arising from advances in our knowledge of human genetics. These will drawn from topics such as forensic uses of genetics, genetic testing, widespread whole genome sequencing, genome editing, genome synthesis, the consequences of genetics for human reproduction, and the ethics of genomic biobanks for research, among other things. Students are required to write a research paper for this course. Special Instructions: The class is open to all law students and graduate or professional students from other parts of the University. A few 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. Students will be required to submit an independent research paper. Students can take the course for either 2 or 3 units, depending on paper length. Elements used in grading: Class participation, attendance and final paper. Cross-listed with Health Research & Policy (HRP 221).
Last offered: Winter 2022
| Units: 2-3
LAW 3005:
Law and Biosciences Workshop
This workshop seminar will provide students with the opportunity to examine and critique cutting-edge research and work in the field of law and the biosciences presented by different speakers from Stanford and elsewhere. Although it is open to all students, the seminar is designed especially for those with an interest in the field who wish to stay abreast of current issues, work, and ideas. In each class, an academic expert, policy maker, or practitioner will present his or her current research or work and engage in a robust discussion. This class is worth one unit. It will meet five times for 1 hour, 50 minutes per session; students will need to attend at all five sessions and, for each session attended, write a reflection piece of roughly three double-spaced pages, due just before the speaker's presentation. The class may be repeated for credit (three maximum) based on varying course content and speaker presentations. The class is open to first-year Law School students in Winter Quarter. Elements used in grading: Class participation, attendance, and written assignments.
Terms: Win, Spr
| Units: 1
| Repeatable
3 times
(up to 3 units total)
LAW 3006:
Law and Biosciences: Neuroscience
This seminar examines legal, social, and ethical issues arising from advances in the biosciences. This year it focuses on neuroscience. It will examine how neuroscience will affect the law, and society, through improvements in predicting illnesses and behaviors, in "reading minds" through neuroimaging, in understanding responsibility and consciousness, in "treating" criminal behavior, and in cognitive enhancement. Students who have taken the Law and the Biosciences (Genetics) seminar in past years may receive additional credit for taking this year's class. The class is open to 1Ls. Elements used in grading: Class participation, attendance and final research paper. Cross-listed with Health Research & Policy (HRP 211).
Terms: Win
| Units: 3
LAW 3009:
Health Law: Improving Public Health
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? The course investigates these questions as they operate in a range of specific contexts, including preventing and controlling infectious diseases; preventing obesity; reducing tobacco use; ensuring access to medical care; reducing firearm injuries; addressing the opioid epidemic; 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 and some group exercises. Class Participation, Written Assignments, Final Exam. This class is limited to 30 students, with an effort made to have students from SLS (25 students by lottery) and 5 non-law students by consent of the instructor. Cross-listed with Medicine (MED 237).
Terms: Spr
| Units: 3
LAW 3010:
Mental Health Law
This class will explore timely issues surrounding mental health law. Representative topics include civil commitment proceedings; forced outpatient treatment and hospitalization; mental health in the criminal justice system; guardianship/conservatorship and its alternatives; mental health courts; the Americans with Disabilities Act; the Individuals with Disabilities Education Act (IDEA); and neurodiversity. A variety of stakeholders---clinicians, attorneys, 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 to discuss possible reforms. The course will be graded on an MP/R/F basis. Elements used in grading: Class Participation, Written Assignments.
Terms: Spr
| Units: 2
LAW 3011:
Biomedical Innovation Law and Policy
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 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 consider 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: class participation, attendance, and short writing assignments.
Last offered: Spring 2023
| Units: 2
LAW 3012:
Introduction to Law and the Biosciences
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).
Last offered: Winter 2023
| Units: 3
LAW 3254:
How to Ask a Question
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 use what's been obtained in court or otherwise 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 200 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, as well as classwork; class attendance is required. Class meets Tuesdays, 4:15pm to 7:15pm on January 16, January 30, and February 13.
Terms: Win
| Units: 1
LAW 3258:
Responsibility for Risk: Perspectives on Liability Insurance
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.
Last offered: Winter 2020
| Units: 2-3
LAW 3259:
The Civil Justice System as an Agent of Change
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.
Last offered: Winter 2019
| Units: 3
LAW 3260:
Dealing with Disasters: Perspectives on Tort and Regulation
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
Terms: Win
| Units: 2-3
LAW 3502:
Art and the Law
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.
Terms: Win
| Units: 2
LAW 3504:
U.S. Legal History
This course explores the legal history of what became the United States from the beginning of European colonization until the early twentieth century, focusing on the late eighteenth and nineteenth centuries. It examines both the evolution of legal doctrine and the role of marginalized communities as targets, resistors, and creators of law. It emphasizes continental, borderlands, and transnational perspectives on U.S. legal history. Special Instructions: Any student may write a paper in lieu of the final exam with consent of instructor. 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: Take-home final exam or paper. Automatic grading penalty waived for writers.
Last offered: Autumn 2022
| Units: 3
LAW 3505:
Law and Culture in American Fiction
How do we identify an owner? What does a citizen look like? Whose privacy requires protection? The stories we tell about the experience of being Americans bolster and undermine particular legal arguments and conclusions. In the nineteenth century and well into the twentieth, novels were an important source of these narratives. And over the last century movies, television and other forms of visual storytelling have recycled these stock narratives countless times. In this interdisciplinary seminar, a novel or story is paired with a contemporary legal text (and often historical material for context) each week. These pairings track the maintenance of personal identity, community stability, and even linguistic meaning across shifting legal constructions of citizenship, race, gender, and class; changes in the law of property, contract, and privacy; and other legal and extralegal deployments of the (violent) authority of the state. The writers whose work we will consider include James Fenimore Cooper, Herman Melville, Henry James, William Faulkner, Nella Larsen, John Okada, Katherine Anne Porter and Sherman Alexie. (These authors are known for great writing and cultural influence, but also, in some cases, overt racism and personal misconduct.) Reading and writing with an increased awareness of the background narratives implicit in our legal arguments is among the goals of the course. Elements used in grading: Class participation, attendance, and written assignments. Automatic grading penalty waived for writers. For Research "R" credit, students may petition to complete one long paper based on independent research with consent of the instructor.
Terms: Aut
| Units: 3
LAW 3506:
Law and Empire in U.S. History
This course will examine the interrelationship between legal norms and empire in the history of the United States. Topics in this part will include the Constitution as an imperial document; law and the expansion of the United States in western North America, Puerto Rico, and Hawaii; the Insular Cases; and current debates over extraterritoriality and the War on Terror. Substantial readings will consist of scholarly articles, historical cases, and primary sources, and will be provided online. Requirements for the course include regular class participation and, at the students' election, either response papers or a historiographical essay. Students may also elect to complete a research paper, in which case they will receive 3 units and "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. Cross-listed with History (HISTORY 354F).
Last offered: Winter 2020
| Units: 2-3
LAW 3507:
Law and the Rhetorical Tradition
The conventions of legal writing and reasoning taught in law school derive from a long tradition of argument and persuasion. This interdisciplinary seminar locates legal conventions in that broader intellectual history, starting with Aristotle and tracing (some of) the ruptures and continuities that have shaped our particular practices. The way we argue matters. The form we give our statements determines not just whether but whom they will persuade. So we will develop a tool kit for identifying the available means of persuasion, crafting sentences and paragraphs that suit the ideas they contain, voicing those ideas with an eye to audience and purpose as well as authority; noticing the way the language we choose implies a social world in which the argument unfolds. The goal is to become both more effective and more conscious in our deployment of those conventions -- as readers, speakers and writers. Elements used in grading: Class participation, attendance, revision and writing assignments. Automatic grading penalty waived for writers. 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.
Terms: Win
| Units: 3
LAW 3508:
Law and Visual Culture
When we represent our experience today, we do so as much through images as language. When we seek to persuade, we offer photographs, charts, videos. When we witness misconduct, we pull out our smartphones. Social media has emerged as a powerful court of public opinion. AI has made it easy to generate realistic images out of thin air. And as images saturate our cultural discourse, they are increasingly part of legal practice. The power of an image often lies in its apparent simplicity: we know it when we see it. But how much of what we see is produced by the biases and expectations -- the habits of viewing -- that we bring to the encounter? What is left out when an infographic distills information for us? Lawyers and judges have historically tended to treat certain kinds of images as unmediated representations of reality, even though neuroscience, empirical research, and cultural theory all refute this so-called reality effect. Such naïve realism maps on to an ideal of definitive proof embedded in the adversary system. And it haunts our efforts to adapt legal practice to visual persuasion in ways that are consistent with our rule of law values. This interdisciplinary seminar tracks the legal reception of modern visual representation from confusion about the admissibility of photographs in the late 19th century (is it like a drawing? is it like eyewitness testimony?) to the trials of O.J Simpson and the police officers that assaulted Rodney King in the 1990s (how does race affect our perception of trails? do judges and jurors decide differently when the proceedings are televised?) to the frequent and strategic deployment of visual media in pretrial and litigation practice today. We will also consider the roles of visual persuasion in areas of doctrine (like privacy, qualified immunity, and freedom of speech) as well as applications in practice (like contracts and client communications). Throughout the quarter, we will attend to the ways American visual culture has resisted and reinforced systemic racism and inequality. 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: Class Participation. Attendance, Written Assignments, Final Paper. Automatic grading penalty waived for writers.
Terms: Win
| Units: 3
LAW 3510:
Psychological Development: Myth, Law, and Practice
Collective myths from a variety of traditions and cultures capture enduring psychological truths about human choices and the human condition. Lawyers at various stages in their careers have their own personal myths, sometimes conscious and sometimes not. These personal myths embody key tendencies that determine or heavily influence each lawyer's personal and professional path. This course uses some salient collective myths as well as modern psychological material to create a powerful backdrop for self-examination and self-development. It offers a space and time for each student to consider his or her own personal and professional direction through the course materials, class interactions, and a series of reflection papers. The course benefits from the collaboration of Ron Tyler, Director of the Criminal Defense Clinic, who will conduct a session focusing on mindfulness practices. Elements used in grading: A series of reflection papers totaling at least 18-pages.
Terms: Win
| Units: 2
LAW 3511:
Writing Workshop: Law and Creativity
Practicing law is very much a creative enterprise. Effective advocates and counselors provide innovative and thoughtful solutions to complex problems. But there often isn't enough attention devoted in law school either to thinking creatively or to reflecting in a creative way on the issues students confront inside and outside the classroom. This course will respond to this gap by building a bridge between law and the arts, with the goal of helping students hone their ability to think creatively and use disciplined imagination. Law & Creativity will meet twice a week and have dual components designed to inform one another. The first session will be structured as a seminar in which students gather to examine and discuss creative treatments of legal and professional issues in a variety of media (including film, fiction, and nonfiction). The second session will follow the creative-writing workshop model in which students submit their own fiction and creative nonfiction pieces for group discussion. Through the workshop process, students will develop the skills necessary to constructively critique and workshop one another's work, and learn a variety of techniques for improving their own creative writing. Elements used in grading: Class attendance, participation and final paper.
Terms: Spr
| Units: 3
LAW 3512:
Markets, Morals and the Law
What things should or should not be for sale - and why? This course will consider several examples of "blocked exchanges" or "contested commodities," including the trade in reproductive services, body parts, environmental resources, political rights and obligations, and the varieties of human labor. With readings drawn from law, philosophy, and moral and political economy, the purpose of the course will be to examine a range of contemporary controversies over commodification and to consider arguments about the appropriate scope and limits of market activity. The assigned reading will be substantial, varied, and demanding. 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 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.
Last offered: Winter 2017
| Units: 2
LAW 3514:
Law and Inequality (Reading Group)
This reading group will focus on the challenges presented to law by the long-term growth of economic inequality. In addition to exploring evidence of rising inequality (including the work of Thomas Piketty and others), we will examine legal and other scholarship that seeks to understand law's contribution to inequality and legal responses that might reduce inequality or ameliorate its effects. Meeting Time: Class will meet 7:00 PM to 9:00 PM, April 10, April 17, May 1, May 15, and May 22. Elements used in grading: Attendance, Class Participation.
Last offered: Spring 2018
| Units: 1
LAW 3515:
Law and Humanities Workshop: History, Literature, and Philosophy
(Formerly Law 516) The Law and Humanities Workshop: History, Literature, and Philosophy is designed as a forum in which faculty and students from the Law School and from various humanities departments can discuss some of the best work now being done in law and humanities. Every other week, an invited speaker will present his or her current research for discussion. In the week prior to a given speaker's presentation, the class will meet as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students will then read the speaker's paper in advance of the following week's workshop presentation. Students have two options. Those taking the course for 2 units are required to write a brief response to each speaker's paper. There will be a total of four speakers, and thus four papers. Guidance will be provided concerning how to frame these response papers, which will be due every two weeks - i.e., on the day before the speaker presents. Students taking the course for 3 units are required to write a research paper on a law and humanities topic that they choose (in consultation with the professors). Law students who complete this 3-unit track will receive an "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. Enrollment will be limited to 30 students -- 20 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class participation, attendance, and writing assignments. Cross-listed with the Department of History (HIST 308F).
Last offered: Winter 2019
| Units: 2-3
LAW 3516:
Legal History Workshop
The Legal History Workshop is designed as a forum in which faculty and students from the Law School, the History Department, and elsewhere in the university can discuss some of the best work now being done in the field of legal history. Every other week, an invited speaker will present his or her current research for discussion. In the week prior to a given speaker's presentation, the class will meet as a group to discuss secondary literature relevant to understanding and critiquing the speaker's research. Students will then read the speaker's paper in advance of the following week's workshop presentation. Special Instructions: Students may choose to enroll in one of two sections of the course. In the first, students must write brief responses to each speaker's paper. There will be a total of four speakers, and thus four papers. Guidance will be provided concerning how to frame these response papers, which will be due every two weeks - i.e., on the day before speaker presents. In the second section, students must write a research paper on a legal history topic that they select in consultation with the professors. Students opting to write a research paper will receive an "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. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Enrollment will be limited to 30 students -- 20 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class participation, attendance, assignments and final paper. Cross-listed with History (HISTORY 307A).
Last offered: Winter 2020
| Units: 2-3
LAW 3517:
Law and Literature
After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. Within the last decade there has, however, been an explosion of energy in the field, which has expanded beyond the boundaries of the literary text narrowly conceived and incorporated a range of other genres and humanistic approaches. Several recent or forthcoming books survey the range of emerging scholarship and the potential for new directions within the field. Using one of these--New Directions in Law and Literature (Oxford, 2017)--as a guide, this course will delve into a variety of topics that law and literature approaches can illuminate. These include, among others, conceptions of sovereignty and non-sovereign collectivities, the construction of the citizen and refugee, competing visions of marriage and its alternatives, law and the rhetorical tradition, and theoretical perspectives on intellectual property. Nearly every session will pair recent scholarship in the field with a literary or artistic work, ranging from Claudia Rankine's Citizen to Shakespeare's Merchant of Venice. 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 3 or 4 units, depending on the paper length. This class is limited to 22 students, with an effort made to have students from SLS (16 students will be selected by lottery) and six non-law students by consent of instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Cross-listed with English (ENGLISH 350).
Last offered: Spring 2018
| Units: 3-4
LAW 3518:
Law and Psychology
This course will examine the implications of psychological theory and research for normative legal theory and for contemporary legal policies, procedures, and practices. The course will draw on contemporary cognitive, social, and clinical psychology to address the concepts of intent, responsibility, deterrence, retribution, morality, and procedural and distributive justice. We will examine evidence law (e.g. eyewitness testimony, polygraphy, expert testimony, psychiatric diagnosis and prediction), procedure (e.g., trial conduct, jury selection, settlement negotiations, alternative dispute resolution), and various topics in criminal law, torts, contracts, property, discrimination, family law, and other areas. We will compare "rational actor" and psychological perspectives on decision making by juries, judges, attorneys, and litigants. Special Instructions: 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: Series of shorter papers or final independent research paper totaling 28 pages.
Terms: Spr
| Units: 3
LAW 3519:
Law and the Greek Classics (Reading Group)
This one credit course, based on materials taught at the Aspen Institute, will read and discuss selected classical Greek documents (in translation, of course) of particular relevance to the contemporary practice of law. We will begin with a reading of two Platonic dialogues -- Crito and the Apologia -- to frame the question of whether Socrates should have resisted the lawful, but unjust, verdict condemning him to death. We'll focus of the tension between law and justice, perhaps peeking forward to Melville's Billy Budd, and MLK Jr.'s Letter from the Birmingham Jail. We will continue with the third play in Aeschylus' Oresteia, focusing on the decision to remit Orestes to the judgment of the people of Athens, rather than to the Furies, in connection with the murder of Clytemnestra. We'll focus on the decision to vest secular authorities with the definition of justice. We'll close with a reading of Antigone, focusing on the relationship between the individual and the state, and the gendered nature of justice. I often end the seminar with an informal public reading of the Antigone. I play Creon, maybe this year in a Trump mask. I anticipate five meetings, usually over dinner in one of the seminar rooms. Class will meet five Wednesdays, 6:15PM-8:15pm, April 11, April 25, May 9, May 23, May 30. Discussion will be informal, and non-hierarchical. Elements used in grading: Attendance, Class Participation.
Last offered: Spring 2018
| Units: 1
LAW 3520:
Selected Topics in the History of Capitalism, Regulation, Corporations and Finance
This seminar will briefly examine recent debates about the role of the financial sector in the United States, considered in light of the long history of American debates over regulation of economic activity. It will be structured as a continuing dialogue between recent debates about regulation and finance, and historical debates over the role of law in capitalist development. It will touch upon the regulation of corporations, banking and the financial system, movements for deregulation in the 1970s, 80s and 90s, the roots of the financial crisis of 2007-08, and its aftermath up to the present day. The seminar will be structured as a short and necessarily tentative (given the time constraints of the course) examination of the social, institutional and intellectual history of economic regulation, as a means of contextualizing our continuing and unresolved arguments over scope and purpose of corporations and the financial sector. Elements used in grading: Attendance, Class Participation. Class meets 7:15 p.m. - 9:15 p.m., January 9, 10, 14, 16, and 17.
Last offered: Winter 2019
| Units: 1
LAW 3521:
Law, Politics and the Arts
This seminar will explore the connections between the arts and questions of law and politics, using several performances from the 2019-2020 Stanford Live season to form the basis of a conversation. Students will attend the multiple performances and discussions before or after each performance. The performances will be on the evenings of 1/15, 1/17, 1/22, 1/29, 2/5, 2/21, 2/22 and 2/26---student must attend at least 6 performances so please confirm your availability before enrolling. Specific meeting times TBD with instructor and the Bing event schedule. The discussions will be a combination of public lectures and exclusive pre or post performance conversations with the artists, artistic directors, and Stanford faculty members. Students will be expected to write four reflection papers over the course of the term. Enrollment limited to 7 law students. CONSENT APPLICATION: To apply for this course, please submit a short written statement of interest to cparis@law.stanford.edu. Mandatory Pass/Fail, 3 units. Elements used in grading: Attendance, Class Participation, Written Assignments.
Last offered: Winter 2020
| Units: 3
LAW 3522:
Legal History: Research Seminar in Legal Biography
The aim of this seminar is to produce a number of student-written studies of the lives of lawyers. In the first half of the seminar, we will read some exemplary biographies of lawyers. In the second half, students in the seminar will report on their own research into the life of a lawyer, preferably a lawyer who undertook public engagements as an official, elected officeholder, law writer or reformer, or judge as well as private practice. Students who wish to enroll in the course should, at the time of enrollment, submit a short proposal with (1) the name of the lawyer or lawyers they plan to write about; (2) the materials, including in substantial part primary sources, they plan to use in writing the biography; and (3) a summary of other sources, such as secondary biographical or contextual materials that they plan to consult. 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 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.
Last offered: Spring 2021
| Units: 2
LAW 3523:
Unreasonable People
Course description: TBA
Terms: Spr
| Units: 2-3
LAW 4001:
Media, Technology, and the First Amendment
The right to free speech is meaningless without spaces to exercise it. Over the past decades, electronic media---broadcast radio and television, cable television, telephony, and the internet---have become critical spaces where Americans speak to and with each other. Today, being able to speak and be heard online is as important as being able to speak in parks, sidewalks, and public squares. As the Supreme Court has recognized, social media platforms "provide perhaps the most powerful mechanisms available to a private citizen to make his or her voice heard," so that any citizen may "become a town crier with a voice that resonates farther than it could from any soapbox." Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017). But while the public squares of the colonies were public spaces, the social media platforms hosting much of Americans' online speech today are owned by private actors with their own First Amendment rights. And court decisions about electronic media differ significantly from the precedents governing leaflets, pickets, soapboxes, and flag burning that dominated the twentieth century. This class complements the law school's general First Amendment class by focusing on precedents governing speech on electronic media (broadcast, cable, telephony, and the internet) and what they mean for free speech in the digital age. The answer is hotly debated by policy makers, scholars, and courts. As Justice Alito noted in his recent dissent when the Supreme Court put Texas' social media law back on hold, "It is not at all obvious how our existing precedents, which predate the age of the internet, should apply to large social media companies." In this course, we will take on that thorny task. We will grapple with questions such as: Why can comedians swear on Netflix or cable TV, but not on broadcast TV? Can politicians or government officials block Americans from their Twitter or Facebook accounts? Do internet platforms such as Facebook, Twitter, or YouTube violate their users' First Amendment rights when they take down or restrict access to content? And how does the First Amendment affect attempts to regulate internet platforms such as Texas' and Florida's social media laws? Who should take this class: If you are interested in the First Amendment, constitutional issues, appellate litigation, media and technology law, communications law, net neutrality, the increasing power of internet platforms, or simply use the internet, this class is for you. There are no prerequisites for this class. You can take it before or after the general First Amendment class. The class is open to first year law students and graduate students from other schools. To apply for this course, non-Law students must complete a Non-Law Student Add Request Form available on the SLS Registrar's Office website (see Non-Law Students). Elements used in grading: Class participation, attendance, homework practice problems, end-of-class quiz.
Last offered: Winter 2023
| Units: 3
LAW 4003:
Current Issues in Network Neutrality
Due to the change in administration, the future of net neutrality in the US is in question again. Network neutrality rules are based on a simple principle: Internet service providers like Verizon or Comcast that connect us to the Internet should not control what happens on the Internet. Net neutrality rules prohibit ISPs from blocking or slowing down websites, making some sites more attractive than others, or charging sites fees to reach people faster. After a long, public fight that mobilized more than 4 million people across the political spectrum, the Federal Communications Commission (FCC) adopted strong net neutrality rules in February 2015. Now these rules might be on the chopping block. FCC Chairman Pai, who opposed the rules when they were adopted, has declared his intention to roll back the rules, while expressing some support for "net neutrality principles." At the same time, Republicans in Congress have indicated they might consider a legislative solution. Through lectures, class discussions, and guest speakers, the seminar will introduce students to the key questions underlying the net neutrality debate so that they can become informed participants in this debate. Do we need net neutrality rules, and, if yes, what should they be? What are the options for addressing net neutrality at the FCC and in Congress? How do past court decisions constrain the FCC's options for adopting net neutrality rules? While the class focuses on the net neutrality debate in the U.S., the underlying policy questions are general and directly applicable to ongoing net neutrality debates around the world. The class is open to law students and students from other parts of the university. Students do not need to have any technical background to participate in the class; any necessary background will be taught in class. Elements used in grading: Short written assignments, class participation, attendance. Students are expected to attend all sessions of the class and participate in the class discussion. 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.
Last offered: Spring 2019
| Units: 2
LAW 4004:
Cybersecurity: A Legal and Technical Perspective
This class will use the case method to teach basic computer, network, and information security from technology, law, policy, and business perspectives. Using real world topics, we will study the technical, legal, policy, and business aspects of an incident or issue and its potential solutions. The case studies will be organized around the following topics: vulnerability disclosure, state sponsored sabotage, corporate and government espionage, credit card theft, theft of embarrassing personal data, phishing and social engineering attacks, denial of service attacks, attacks on weak session management and URLs, security risks and benefits of cloud data storage, wiretapping on the Internet, and digital forensics. Students taking the class will learn about the techniques attackers use, applicable legal prohibitions, rights, and remedies, the policy context, and strategies in law, policy and business for managing risk. Grades will be based on class participation, two reflection papers, and a final exam. Special Instructions: This class is limited to 65 students, with an effort made to have students from SLS (30 students will be selected by lottery) and students from Computer Science (30 students) and International Policy Studies (5 students). Elements used in grading: Class Participation (20%), Written Assignments (40%), Final Exam (40%). Cross-listed with Computer Science (CS 203) and International Policy Studies (IPS 251).
Last offered: Spring 2018
| Units: 2
LAW 4005:
Introduction to Intellectual Property
This is an overview course covering the basics of intellectual property law -- trade secrets, patents, copyrights, and trademarks. This course is designed both for those who are interested in pursuing IP as a career, and those who are looking only for a basic knowledge of the subject. There are no prerequisites, and a scientific background is not required. Elements used in grading: Class participation and final exam.
Last offered: Spring 2023
| Units: 4
LAW 4005:
Introduction to Intellectual Property
This is an overview course covering the basics of intellectual property law -- trade secrets, patents, copyrights, and trademarks. This course is designed both for those who are interested in pursuing IP as a career, and those who are looking only for a basic knowledge of the subject. There are no prerequisites, and a scientific background is not required. Elements used in grading: Class participation, attendance, and final exam.
Terms: Win
| Units: 4
LAW 4006:
Intellectual Property and Antitrust Law
This is an advanced seminar focusing on antitrust law as it applies to the creation, licensing, and exercise of intellectual property rights. At least one IP or antitrust class is a prerequisite, and ideally both. Elements used in grading: Grades will be based on class participation and short reflection papers (2 units) or a long research paper (3 units) with consent of the instructor. Research papers will be due before the Law School deadline. Draft papers will be due in time for student presentations. After the term begins, students accepted into the course can transfer from section 01 into section 02 (research paper) which meets the R requirement, with consent of the instructor. Research paper option is limited to 10 students.
Terms: Aut
| Units: 2-3
LAW 4007:
Intellectual Property: Copyright
Copyright law is the engine that drives not only such traditional entertainment and information industries as music, book publishing, news and motion pictures, but also software, video games and other digital products. This course examines in depth all aspects of copyright law and practice, as well as the business and policy challenges and opportunities that the internet and other new technologies such as artificial intelligence present for the exploitation of copyrighted works. There are no prerequisites for this class. Elements used in grading: Final Exam (open book). A detailed description of how the class will be conducted, including reading assignments and modes of student participation, appears in the course syllabus on Canvas.
Terms: Aut, Win
| Units: 3
LAW 4008:
Intellectual Property: Copyright Licensing, Principles, Law and Practice
(Formerly Law 625) This course will combine in-depth study, through reading assignments and lectures, of US law governing copyright transactions (contract formalities and construction; recordation and title practice; termination of transfers) and copyright contract drafting and negotiation exercises (book publishing agreement; videogame production and distribution agreement). Elements used in grading: Class Participation, Written 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.
Last offered: Winter 2017
| Units: 2
LAW 4009:
Intellectual Property: International and Comparative Patent Law
Patentable goods and services are increasingly important in today's global information economy, and they frequently cross national borders, physically or electronically. This course will include a comparative examination of the major national patent systems, a survey of the principal international patent treaties, and discussions of related transnational patent issues. We will examine these topics both from the perspective of global patent practitioners--who face challenges such as securing large international patent portfolios and strategizing multinational patent litigation--and from the perspective of the academics and policymakers who are engaged in ongoing policy debates, such as about the connection between the international patent system and global access to medicines. Prerequisites: Introduction to Intellectual Property or consent of instructor. Elements used in grading: class participation, attendance, short writing assignments, and a class presentation. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (https://law.stanford.edu/education/courses/consent-of-instructor-forms/).
Terms: Spr
| Units: 2
LAW 4010:
Intellectual Property: Patents
This intermediate-level patent law course builds on material covered in Introduction to Intellectual Property (which is recommended but not required). Students will gain a thorough grounding in patent doctrine (including patentability, infringement, and remedies), training in elements of patent practice, and tools for conducting further research. We will also emphasize policy analysis of the patent system, including the effect of patent doctrine on innovation and inequality. The course is designed to be useful both for non-patent-specialists and for those planning a career in the field. No technical background is required. Elements used in grading: Class participation, attendance, and final exam.
Terms: Spr
| Units: 3
LAW 4011:
Intellectual Property: The Business & Law of Technology & Patent Licensing
If you practice in any technology-related area (whether transactions, corporate, IP management or litigation), you will encounter licensing, as it is the principal means by which technology and patent rights are disseminated, exploited and commercialized. It is fundamental to Silicon Valley and beyond, including in software, mobile, consumer devices, autonomous cars, semiconductors and pharmaceuticals. This is a practice-oriented course covering the fundamentals of licensing technology and patents, including business considerations, drafting, negotiations and strategic considerations. We will also consider the role of licensing in mergers and acquisitions, litigation and antitrust contexts. The course is structured based on a real-world hypothetical involving entrepreneurs who spin out university-developed inventions into startup companies and then seek to commercialize the technology and patents to leading companies in a specified technology industry (such as smartphones, autonomous cars, "internet of things" or the like). We will also have a guest lecturer from a major technology company with significant licensing dimensions (which in the past have included Google, Facebook, Waymo, and Qualcomm). Elements used in grading: Class Participation, Final Exam. Course Prerequisite: Intro to IP (Law 4005) or equivalent, or consent of instructor.
Terms: Aut
| Units: 3
LAW 4012:
Intellectual Property: Trademarks
This course will consider the protection and enforcement of trademarks and related state rights in brands and names, including the right of publicity. There is no prerequisite, though some students will have taken Introduction to Intellectual Property. Elements used in grading: Class Participation, Exam (Open-book one-day take-home).
Terms: Aut
| Units: 3
LAW 4013:
Information Privacy Law
This course explores the roots of privacy law, its evolution in the face of rapid technological change, and the challenges to an individual's ability to control third party collection, access, use and disclosure of their personal information. The course covers existing and emerging privacy torts, applicable and proposed privacy legislation and regulations, international norms and extraterritorial application of privacy law such as in the EU's General Data Protection Regulation, and self-regulation of privacy through technological means, contracts or other means. We will discuss all of these things, as well as incorporate developments in the news, from the perspective of the various privacy stakeholders--consumers, regulators and business. Elements used in grading: Final Exam.
Last offered: Winter 2021
| Units: 3
LAW 4014:
Law, Technology, and Liberty
New technologies from gene editing to networked computing have already transformed our economic and social structures and are increasingly changing what it means to be human. What role has law played in regulating and shaping these technologies? And what role can and should it play in the future? This seminar will consider these and related questions, focusing on new forms of networked production, the new landscape of security and scarcity, and the meaning of human nature and ecology in an era of rapid technological change. Readings will be drawn from a range of disciplines, including science and engineering, political economy, and law. The course will feature several guest speakers. There are no formal prerequisites in either engineering or law, but students should be committed to pursuing novel questions in an interdisciplinary context. The enrollment goal is to balance the class composition between law and non-law students. Elements used in grading: Attendance, Class Participation, Written 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. This course is cross-listed with Bioengineering (BIOE 242) and Engineering (ENGR 243) .
Last offered: Winter 2017
| Units: 2
LAW 4015:
Modern Surveillance Law
This seminar provides an in depth look at modern government surveillance law, policies and practices. It is taught by Richard Salgado, formerly director of law enforcement and information security at Google and a prosecutor at the U.S. Department of Justice's Computer Crime and Intellectual Property Section. We will focus on U.S. government signals collection for national security, intelligence gathering, espionage, criminal law enforcement and public safety purposes, and will address transnational implications. Technologies and practices we will cover include wiretapping, stored data collection and mining, location tracking, encryption and developing eavesdropping techniques. We will explore how government surveillance is permitted, prohibited or controlled by the U.S. Constitution, including the Fourth Amendment, and laws such as the Foreign Intelligence Surveillance Act, the USA Freedom Act, the Patriot Act, the Electronic Communications Privacy Act, the CLOUD Act, and CALEA. We will also look at the role of executive orders and laws outside the United States. No technical expertise is required. Elements used in grading: Two papers, timely submission of topics and outlines, and class participation.
Terms: Spr
| Units: 2
LAW 4016:
Patent Litigation Workshop
This course simulates the strategy and pretrial preparation of a patent lawsuit. The course materials include information typical to a patent lawsuit: a patent, file history, prior art, and information regarding the accused product. Students will represent either the patentee or the accused infringer. Students will draft claim construction charts, infringement charts, take and defend depositions, and brief and argue claim construction and motions for summary judgment of infringement and invalidity. Some knowledge of patent law is presumed. Special Instructions: IP: Patents (Law 4010) is a prerequisite for this course, but can be taken coterminously. Students must attend the first class session (or contact the instructor) or they will be dropped from the class or waitlist. Elements used in grading: Attendance, participation, writing assignments, exercises and oral arguments.
Last offered: Autumn 2021
| Units: 3
LAW 4017:
Protection of Personality: Defamation, Privacy, and Emotional Distress
This course will examine the theoretical foundations and common law development of the range of tort remedies designed to afford protection to the interests in personality. Defamation, the right of privacy, and claims of emotional distress and harassment will receive particular attention, along with the constitutional defenses to these claims, based on the First Amendment, and recent issues novel to the internet era. Elements used in grading: Final Exam.
Terms: Win
| Units: 3
LAW 4018:
Intellectual Property: International and Comparative Copyright Law
Copyright today is global, and copyright counselling, litigation and licensing increasingly require a general understanding of foreign copyright law and of the international copyright system. This course will focus on the exploitation of US-based music, film, literature, software and other copyrighted works in foreign markets, and of foreign works in US markets, through licensing, litigation, or both. The course will survey the principal legal systems and international treaty arrangements for the protection of copyrighted works as well as the procedural questions that lie at the threshold of protection. There are no prerequisites for the class. Elements used in grading: two problem sets, one mid-course and the other at the end of the course, class participation.
Terms: Win
| Units: 2
LAW 4019:
Computational Law
Computational Law is an innovative approach to Legal Informatics concerned with the representation of regulations in computable form. From a practical perspective, Computational Law is important as the basis for computer systems capable of performing useful legal calculations, such as compliance checking, legal planning, and regulatory analysis. In this course, we look at the theory of Computational Law, we review relevant technology and applications, we discuss the prospects and problems of Computational Law, and we examine its philosophical and legal implications. Elements used in grading: Work in the course consists of reading, class discussion, practical exercises, and a final project. Cross-listed with Computer Science (CS 204). This class is limited to 30 students (LAW 4019 & CS 204 combined). Interested students should enroll as early as possible in Axess to reserve a spot in the class. (http://complaw.stanford.edu/)
Last offered: Spring 2021
| Units: 2
LAW 4020:
Lawyering for Innovation: A Case Study
(Formerly Law 769) Strategic lawyering in the 21st century requires a combination of critical skillsets, including facility with technology, product design, partnerships, dispute resolution, and policy. No issue in the digital age has demonstrated this better than the history of and litigation surrounding Google Books. For over a decade, from the inception of the product to the resolution of its legal issues, lawyers were integrally involved with engineers and the business every step of the way. They helped design its features, defend it from lawsuits, craft a settlement, and advocate complementary policy positions. On a broader level, the history of ebooks is a microcosm of the opportunities and challenges of the digital age: new technologies to reproduce and distribute works, changing consumer norms, massive disruptions to economic interests, evolving concepts of fair use, increased access to information, fears about piracy, and threats to competition. Every one of these issues requires skilled lawyering in close partnership with business leadership. This seminar will focus on strategic lawyering at the cutting edge of innovation by closely studying, among other things, the history of Google Books and the evolution of copyright in the digital age. We will look at how leading businesses, including Google, Apple, Amazon and Microsoft, have each used law, litigation, and policy as tools to advance their business interests. We will focus on developments related to ebooks, and also study analogous issues involving the music, movie, and newspaper industries. The seminar will include guest speakers who have led legal strategies to further innovation. Some copyright experience is helpful but not essential. The course is open to graduate students throughout the university, especially the Graduate School of Business, the Department of Communication, and the Journalism Program. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of their position on the waitlist and degree of study. Elements used in grading: Grading will be based upon weekly reflections, class participation, and a short final paper (or, for those opting for Research credit, a longer paper based on independent research). A version of this course was taught at Stanford Law School in 2015 and Harvard Law School in 2016. 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.
Last offered: Autumn 2017
| Units: 3
LAW 4021:
Free Speech in the Age of the Internet
Taught by top policy leaders from Google/YouTube, Facebook and Twitter, this course will explore the way free speech norms have evolved in the age of the Internet and the pivotal role online platforms play in the information available worldwide. From the content policy issues that evolved in the face of violent geopolitical disputes (from the Arab Spring to the Ukraine), to the Right to be Forgotten in Europe, the challenges posed by terrorist propaganda online, and the role platforms play in social movements like #blacklivesmatter, this course will allow students to critically engage the balance between freedom of information and other important social values, such as privacy and security. After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. Elements used in grading: Attendance, Class Participation, Written Assignments; Exam or Final Paper.
Last offered: Spring 2017
| Units: 2
LAW 4022:
Communications Law: Internet and Telephony
The internet has enabled new forms of innovation, content production and political participation that are transforming our economy, society and democratic system. Technical, legal and economic choices will affect whether the Internet can realize its potential or not. Communications law - the law that governs both the physical infrastructures for communications services such as cable and telephone networks as well as the communication services which are provided over these infrastructures - has become one of the most important arenas in which choices affecting the future of the information society are made. The debates over network neutrality or the right ways to foster broadband deployment are examples of this trend. At the same time, the Internet's ability to support a variety of different communications services such as telephony, information services or video over the same physical network infrastructure challenges the existing communications law, which is based on the assumption that different physical infrastructures offer different communications services. What can regulators and legislators do to allow the Internet to realize its economic, social, cultural, and political potential? How can we foster the deployment of more broadband networks? And how can policymakers allow applications like Internet telephony and traditional telephony to coexist without giving one an unfair advantage over the other? The course will address how current law deals with these questions, but also explore what regulators and legislators may do to better deal with the challenges posed by the Internet. The course is mostly focused on the US, but highlights developments elsewhere where appropriate. Special Instructions: Students may take Communications Law: Internet and Telephony and Communications Law: Broadcast and Cable Television in any order (neither is a prerequisite for the other). There are no prerequisites for this course. No technical background is required. Elements used in grading: Class participation, attendance, final exam.
Last offered: Winter 2020
| Units: 3
LAW 4024:
Patent Prosecution
This skill-based course examines the core requirements and strategies for drafting and prosecuting a patent application before the U.S. Patent & Trademark Office (PTO). The class brings in real inventors and patent examiners to give students a real-world experience of developing a patent, understanding patentability, building patent portfolios, and getting a patent application prosecuted through the patent office. Students will interact with inventors in a startup-type environment and help the startup protect the IP in its technology -- through interactions with the inventors to identify and develop concepts and draft corresponding patent applications, and through interactions with the PTO to get the patents assessed against prior art and eventually granted. The course is open to all students, regardless of your technical (or non-technical) undergraduate background. All you require is an interest in technology or patent law. This class will give you a solid understanding of what patents are, provide real-life experience in identifying and helping companies protect the IP in their technologies, and help you understand the mechanics of patent structure and development, all of which will be helpful experience and background for students interested in pursuing any technology-based litigation or transactional practices. Students are evaluated on participation, in-class and take-home exercises, and projects relating to the drafting and prosecution of a patent application.
Last offered: Spring 2020
| Units: 2
LAW 4025:
Intellectual Property: Trade Secrets
What do computer programs, customer lists, and "dolls with an attitude" have in common? They all can be trade secrets! Trade secret laws have ancient origins but are more important than ever as a key component of intellectual property protection. Technology plays a larger role in industry every day, while information can be downloaded and shared more easily than ever before. These facts, combined with stricter limits on patentable subject matter and patent damages, have led companies to increasingly rely on trade secrets to protect their intellectual property and to an explosion of trade secret litigation. In this class we will examine the law and the theory of trade secret protection, and will emphasize the practical aspects of protecting information as a trade secret and litigating trade secret cases. We will also explore the increasingly important subject of protecting trade secrets internationally. We will feature weekly guest speakers, several of whom have played key roles in the most prominent trade secret cases of the past decade. The list includes individuals from the FBI, the Department of Justice, the judiciary, in-house counsel, and a forensic discovery expert, each of whom will address trade secret law and practice from their own unique perspective. We will highlight topics of current interest such as non-competition agreements, trade secrets and the Internet, and cybercrime, all while answering critical questions like, "Can you rummage through your competitor's trash?". The class will be of interest to students who expect to practice intellectual property law, for students who expect to be involved in corporate transactions and labor law, and for anyone who wonders what they will be allowed to take with them when they leave their next employer. Elements used in grading: Class participation and final exam.
Terms: Spr
| Units: 3
LAW 4026:
Internet Platforms and Free Expression
In recent years, Internet platforms like Facebook, Google, or Twitter have increasingly come under fire. Top executives from these companies have testified before Congress about their role in spreading misinformation in the 2016 elections. With the increased scrutiny come diverse calls for change. They include asking the platforms to self-regulate, asking regulators to address the platforms' growing market power, or asking Congress to adopt laws regulating various aspects of the platforms' behavior. The seminar explores the many ways in which Internet platforms shape free expression online and asks what public responsibilities these private companies do and should have. By interrogating the structural role that these companies play in society -- are they quasi-state actors? are they the press? are they monopolies? -- we will assess how the platforms contribute to (or possibly mitigate) key social problems. We will critically examine constitutional and statutory laws, like the First Amendment, CDA 230, and antitrust law to evaluate whether and how they facilitate or constrain possible solutions. And with the benefit of guest speakers from academia and policy sectors, we will draw our own conclusions about how to best ensure platform accountability. tl;dr: If you want to work at a tech law firm, in-house at a tech company, in a regulatory position vis-a-vis the tech sector, or are generally interested in critical questions around the role of Internet platforms in society and their impact on free expression online, this class is for you. We hope to see your application! Special Instructions: Enrollment will be limited to 15 students from both SLS and H&S. Experience with First Amendment doctrine is helpful, but not required. Grades will be based on class attendance, class participation, and either a number of shorter 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. 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).
Last offered: Spring 2020
| Units: 2-3
LAW 4028:
Intellectual Property: Advanced Copyright
Copyright law is the primary legal regime governing human creativity, and it plays some role in nearly all creative industries today. Consequently, copyright law has far-reaching economic and cultural implications. In this seminar, we will consider the interests of some of the different groups affected by the copyright regime, including creators, technologists, audiences, institutions, and heirs. Course readings will cover copyright case law and scholarship; research on creative practices and relevant business models; the role of copyright law in innovation policy; and legal versus extralegal modes of protecting the fruits of creative labor. Throughout, we will assess the fairness, efficacy, and alignment of copyright protection and remedies available, to whom, when, and for what reasons. The course aims to deepen students' knowledge of copyright law and scholarship; to equip students to develop principled policy arguments about the scope of copyright protection; and to enable students to evaluate reforms and alternatives to copyright in light of how these might serve different entities in the copyright ecosystem. After the term begins, students accepted into the course can transfer from section 01 (written assignments) into section 02 (research paper), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation; Written Assignments or Research Paper.
Last offered: Spring 2018
| Units: 2
LAW 4029:
Video Game Law
This seminar discusses a variety of legal issues raised by video games and game platforms. We will devote substantial attention to intellectual property matters, but will also include business and licensing issues, tort law, the First Amendment, and legal issues presented by virtual reality. Students will write and present an original research paper on a topic related to the class. This is a 3-unit seminar that satisfies the R requirement. Introduction to Intellectual Property or equivalent is a prerequisite. Enrollment is limited to 12 students, and will be by consent of the instructors. Interested students should submit a paragraph explaining their background and interest in the course. 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.
Last offered: Winter 2023
| Units: 3
LAW 4030:
Intellectual Property: Patents - Japan Field Study
This is the Tokyo, Japan component of Intellectual Property: International and Comparative Patent Law (Law 4009) and Intellectual Property: Patents (Law 4010). Students enrolled in either Law 4009 or Law 4010 may apply for this optional field study component, for which students will travel to Tokyo for one week during spring break 2018. Class sessions will take place primarily at Waseda Law School. Students will also meet with local lawyers, clients, and government officials, including at the Japanese Patent Office, the Intellectual Property High Court, and the Ministry of Economy, Trade and Industry. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and visa to travel to Japan. Elements used in grading: class participation and short writing assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website. See Consent Application Form for instructions and submission deadline.
Last offered: Winter 2018
| Units: 1
LAW 4031:
Disruptive Technologies: Their Impact on Our Laws, and the Laws' Impact on the Technology
The advent of a highly disruptive technology necessarily butts up against existing laws, regulations and policies designed for the status quo as well as established businesses. This course takes the examples of driverless cars and artificial intelligence and examines the new and challenging legal questions and opportunities presented by these technologies. We will also discuss how business leaders, lawyers and technologists in these areas can navigate and create legal, regulatory and policy environments designed to help their businesses not only survive but thrive. Through a combination of readings, classroom discussions, expert guest speakers from the relevant technology and policy fields and student presentations, this course explores the promise of these technologies, the legal and regulatory challenges presented and the levers in-house counsel and business leaders in these fields can invoke to better navigate the inevitable obstacles facing these highly disruptive technologies. There are no formal prerequisites in engineering or law required, but students should be committed to pursuing novel questions in an interdisciplinary context. Elements used in grading: class preparation and short reflection papers. This course is open to School of Engineering and graduate students with consent of the instructor.
Last offered: Winter 2018
| Units: 2
LAW 4032:
Advanced Negotiation of Patent Reform Policies
Patent reform has been a hotly debated topic in recent years in the intellectual property field. Different industries and players have differing and often competing views of our patent system--how effective it is in promoting innovation and what, if any, reform is needed. Students will play the role of counsel on one or more teams representing the interests of particular stakeholder groups. The teams will engage in a series of mock negotiations on actual legislative or administrative patent reform proposals with other teams, as well as mock legislative or administrative engagements before Congress or the United States Patent and Trademark Office respectively. The goal is to achieve consensus on patent reforms that best serve the stakeholders' individual and collective interests, all in an environment of competing interests. Through experience-based learning and simulations, students will gain an understanding of some of the most current patent policy issues being debated in Congress and before the United States Patent and Trademark Office. This seminar will also teach students how to: (1) evaluate from their client's perspective complex, legislative and administrative, patent policy proposals; and (2) strategize, prepare for, participate in, negotiate and advocate for beneficial reforms. Prerequisites: Introduction to Intellectual Property. Grading Criteria: The seminar requires that students to do the required reading, actively participate in class and the mock negotiations and legislative or administrative engagements, and write a series of at least three short assignments.
Last offered: Spring 2018
| Units: 2
LAW 4035:
Cyber Law: International and Domestic Legal Frameworks for Cyber Policy
Was Russia's interference in the 2016 U.S. elections an act of war? When do cyber attacks constitute a use of force? Is sovereignty in cyberspace different than in other domains, and can states meaningfully defend their sovereignty in cyberspace? Is hacking back against cyber thieves the legal equivalent of defending one's own property? How should states respond to cyber espionage and information operations, and what legal options are available? This course explores the domestic and international law of cyberspace and its application to significant practical challenges. It also addresses broader legal policy questions, including the extent to which law acts as a constraint on state and non-state actors in cyberspace, whether the application of existing law to cyber activities is sufficient or new laws and norms are needed, and how they could be developed. Policy and law students are welcome; no previous legal knowledge is required. Elements used in grading: Attendance, class participation, writing assignments, and a final exam. Cross-listed with International Policy (INTLPOL 269).
Last offered: Spring 2019
| Units: 2
LAW 4038:
Does Google Need a Foreign Policy? Private Corporations & International Security in the Digital Age
Facebook has more users than any nation has citizens. Apple CEO Tim Cook speaks more often with Chinese President Xi Jinping than President Trump does. Google's revenues exceed the GDPs of more than half the world's countries. Cybersecurity companies produce weapons that once only foreign governments wielded. These and other technology companies are increasingly caught in the maw of global politics whether it's entering challenging new foreign markets, developing platforms that enable millions of people around the world to organize for both noble and nefarious aims, or developing products that can become tools of intelligence agencies worldwide for surveillance, counterintelligence, and information warfare. In several respects, tech companies wield more power than governments. We examine the changing role of corporations in international politics, the role of the state, and critical challenges that large technology companies face today in particular. We discuss contending perspectives about key issues with guest lectures by industry and US government leaders as well as simulations of foreign policy crises from the board room to the White House Situation Room. No background in political science or computer science is required. Admission based on application. Elements used in grading: Class participation, midterm policy memo, final policy memo, participate in final course simulation tech company summit. CONSENT APPLICATION: Admission based on application. Instructor consent required. Please send an application email to the teaching assistant, Taylor McLamb, at twj@stanford.edu, that includes: your major, an explanation why you want to take the course, and how your background fits with the subject matter (not to exceed three paragraphs). The application deadline is Friday, November 17 and notification of course acceptance will be sent on Thursday, November 30. International Policy Studies (IPS 245) and Public Policy (PUBLPOL 245).
Last offered: Winter 2018
| Units: 3
LAW 4039:
Regulating Artificial Intelligence
Even just a generation ago, interest in "artificial intelligence" (AI) was largely confined to academic computer science, philosophy, engineering research and development efforts, and science fiction. Today the term is widely understood to encompass not only long-term efforts to simulate the kind of general intelligence humans reflect, but also fast-evolving technologies (such as elaborate convolutional neural networks leveraging vast amounts of data) increasingly affecting finance, transportation, health care, national security, advertising and social media, and a variety of other fields. Conceived for students with interest in law, business, public policy, design, and ethics, this highly interactive course surveys current and emerging legal and policy problems related to how law structures humanity's relationship to artificially-constructed intelligence. To deepen students' understanding of current and medium-term problems in this area, the course explores definitions and foundational concepts associated with "artificial intelligence," likely directions for the evolution of AI, and different types of legally-relevant concerns raised by those developments and by the use of existing versions of AI. We will consider distinct settings where regulation of AI is emerging as a challenge or topic of interest, including autonomous vehicles, autonomous weapons, AI in social media/communications platforms, and systemic AI safety problems; doctrines and legal provisions relevant to the development, control, and deployment of AI such as the European Union's General Data Protection Regulation; the connection between the legal treatment of manufactured intelligence and related bodies of existing law, such as administrative law, torts, constitutional principles, criminal justice, and international law; and new legal arrangements that could affect the development and use of AI. We will also cover topics associated with the development and design of AI as they relate to the legal system, such as measuring algorithmic bias and explainability of AI models. Cross-cutting themes will include: how law affects the way important societal decisions are justified, the balance of power and responsibility between humans and machines in different settings, the incorporation of multiple values into AI decision making frameworks, the interplay of norms and formal law, the technical complexities that may arise as society scales deployment of AI systems, and similarities and differences to other domains of human activity raising regulatory trade-offs and affected by technological change. Note: The course is designed both for students who want a survey of the field and lack any technical knowledge, as well as for students who want to gain tools and ideas to deepen their existing interest or background in the topic. Students with longer-term interest in or experience with the subject are welcome to do a more technically-oriented paper or project in connection with this class. But technical knowledge or familiarity with AI is not a prerequisite, as various optional readings and some in-class material will help provide necessary background. Requirements: The course involves a mix of lectures, in-class activities, and student-led discussion and presentations. Requirements include attendance, participation in planning and conducting at least one student-led group presentation or discussion, two short 3-5 pp. response papers for other class sessions, and either an exam or a 25-30 pp. research paper. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. CONSENT APPLICATION: We will try to accommodate as many people as possible with interest in the course. But to facilitate planning and confirm your level of interest, please fill out an application (available at https://bit.ly/2MJIem9) by TBA. Applications received after the deadline will be considered on a rolling basis if space is available. The application is also available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms).
Last offered: Spring 2021
| Units: 3
LAW 4040:
Hot Issues in Tech Policy (Reading Group)
In our hyper-networked world dominated by digital gatekeepers, tech policy implicates the law, business, engineering and --- perhaps foremost --- society. Effective lawyering in the field must be multi-dimensional and incorporate economic, technological, societal and historical perspectives on the issues. This reading group will put these principles into action by examining current tech policy issues through these lenses. Past offerings of the reading group examined breaking issues such as Facebook and Cambridge Analytica (data collection and use); Uber and the Arizona pedestrian death (testing of AI); Amazon and antitrust (competition online); Apple and iPhone encryption (privacy vs. security); and LinkedIn and public user data (platform control and data ownership). Some possible topics this year include AI and facial recognition; social networks and political advertising; and Google, Apple and digital competition. The reading group does not require a technology background --- just interest in gaining a deeper understanding of the issues. It will meet every other week starting week 1 (weeks 1, 3, 5, 7 and 9) on Thursdays, 6:30PM to 8:30PM. Grading (MP/R/F) will be based on attendance and class participation. Enrollment will be limited to 10 students, with consent of the instructor. CONSENT APPLICATION: To apply for this course, students must complete and submit a short Consent Application Form available on the SLS website (click Courses at the bottom of the homepage and then click Consent of Instructor Forms). Applications are due by December 15, though earlier submissions are welcome.
Last offered: Winter 2020
| Units: 1
LAW 4041:
Lawyering for Innovation: Artificial Intelligence
In recent years, artificial intelligence (AI) has made the jump from science fiction to technical viability to product reality. Industries as far flung as finance, transportation, defense, and healthcare invest billions in the field. Patent filings for robotics and machine learning applications have surged. And policymakers are beginning to grapple with technologies once confined to the realm of computer science, such as predictive analytics and neural networks. AI's rise to prominence came thanks to a confluence of factors. Increased computing power, large-scale data collection, and advancements in machine learning---all accompanied by dramatic decreases in costs---have resulted in machines that now have the ability to exhibit complex "intelligent" behaviors. They can navigate in real-world environments, process natural language, diagnose illnesses, predict future events, and even conquer strategy games. These abilities, in turn, have allowed companies and governments to entrust machines with responsibilities once exclusively reserved for humans---including influencing hiring decisions, bail release conditions, loan considerations, medical treatment and police deployment. But with these great new powers, of course, come great new responsibilities. The first public deployments of AI have seen ample evidence of the technology's disruptive---and destructive---capabilities. AI-powered systems have killed and maimed, filled social networks with hate, and been accused of shaping the course of elections. And as the technology proliferates, its governance will increasingly fall upon lawyers involved in the design and development of new products, oversight bodies and government agencies. AI is the biggest addition to technology law and policy since the rise of the internet, and its influence spreads far beyond the tech sector. As such, those entering practice in a wide variety of fields need to understand AI from the ground up in order to competently assess and influence its policy, legal and product implications as deployments scale across industries in the coming years. This course is designed to teach precisely that. It seeks to equip students with an understanding of the basics of AI and machine learning systems by studying the implications of the technology along the design/deployment continuum, moving from (1) system inputs (data collection) to (2) system design (engineering) and finally to (3) system outputs (product features). This input/design/output framework will be used throughout the course to survey substantive engineering, policy and legal issues arising at each of those key stages. In doing so, the course will span topics including privacy, bias, discrimination, intellectual property, torts, transparency and accountability. The course will also feature leading experts from a variety of AI disciplines and professional backgrounds. An important aspect of the course is gaining an understanding of the technical underpinnings of AI, which will be packaged in an easy-to-understand, introductory manner with no prior technical background required. The writing assignments will center on reflection papers on legal, regulatory and policy analysis of current issues involving AI. The course will be offered for two units of credit (H/P/R/F). Grading will be determined by attendance, class participation and written assignments. Given the course's multi-disciplinary focus, students outside of the law school, particularly those studying computer science, engineering or business, are welcome. 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.
Last offered: Spring 2019
| Units: 2
LAW 4043:
The Social & Economic Impact of Artificial Intelligence
Recent advances in computing may place us at the threshold of a unique turning point in human history. Soon we are likely to entrust management of our environment, economy, security, infrastructure, food production, healthcare, and to a large degree even our personal activities, to artificially intelligent computer systems. The prospect of "turning over the keys" to increasingly autonomous systems raises many complex and troubling questions. How will society respond as versatile robots and machine-learning systems displace an ever-expanding spectrum of blue- and white-collar workers? Will the benefits of this technological revolution be broadly distributed or accrue to a lucky few? How can we ensure that these systems are free of algorithmic bias and respect human ethical principles? What role will they play in our system of justice and the practice of law? How will they be used or abused in democratic societies and autocratic regimes? Will they alter the geopolitical balance of power, and change the nature of warfare? The goal of CS22a is to equip students with the intellectual tools, ethical foundation, and psychological framework to successfully navigate the coming age of intelligent machines. Elements used in grading: Attendance. Cross-listed with Computer Science (CS 22A) and International Policy (INTLPOL 200).
Last offered: Winter 2022
| Units: 1
LAW 4044:
Lawyering for Innovation: The (Ongoing) Facebook Case Study
Issues of technology law and policy -- many involving Silicon Valley companies -- are among the most interesting and challenging in law today. Drawing on the lecturer's experience as General Counsel of Facebook, the course will focus on actual controversies that confront practicing lawyers as they grapple with these evolving issues in a fast-moving environment of innovation and disruption. In less than 15 years of existence (and less than seven years as a public company), Facebook has confronted an unending set of legal challenges, across the full range of subject matter, and in the process has helped define technology law in the 21st century. From questions of privacy law, to antitrust, to intellectual property law, to cutting-edge litigation, and most recently to election law and the political process, Facebook has been at the forefront of many of the defining legal developments of our era. In order to navigate these issues effectively, lawyers must combine legal expertise with practical business judgment as well as an understanding of the broader social and political context -- and in this course, students will develop those skills by studying Facebook legal controversies from the past and the present. Grading will be based on attendance, class participation, and a short final paper.
Last offered: Winter 2019
| Units: 2
LAW 4045:
Digital Technology and Law: Foundations
Taught by a team of law and engineering faculty, this unique interdisciplinary course will empower students across the University to work together and exercise leadership on critically important debates at the intersection of law and digital technology. Designed as an accessible survey, the course will equip students with two powerful bases of knowledge: (i) a working technical grasp of key digital technologies (e.g., AI and machine learning, internet structure, encryption, blockchain); and (ii) basic fluency in the key legal frameworks implicated by each (e.g., privacy, cybersecurity, anti-discrimination, free speech, torts, procedural fairness). Substantively, the course will be organized into modules focused on distinct law-tech intersections, including: platform regulation, speech, and intermediary liability; algorithmic bias and civil rights; autonomous systems, safety, and tort liability; "smart" contracting; data privacy and consumer protection; "legal tech," litigation, and access to justice; government use of AI; and encryption and criminal procedure. Each module will be explored via a mix of technical and legal instruction, case study discussions, in-class practical exercises, and guest speakers from industry, government, academe, and civil society. Law students will emerge from the course with a basic understanding of core digital technologies and related legal frameworks and a roadmap of curricular and career pathways one might follow to pursue each area further. Students from elsewhere in the University, from engineering to business to the social sciences and beyond, will emerge with an enhanced capacity to critically assess the legal and policy implications of new digital technologies and the ways society can work to ensure those technologies serve the public good. All students will learn to work together across disciplinary divides to solve technical, legal, and practical problems. There are no course prerequisites, and no prior legal or technical training will be assumed. Students will be responsible for short discussion papers or a final paper. After the term begins, students electing the final paper option can transfer from section 1 to section 2, which meets the R requirement, with consent of the instructor. This class is cross-listed in the University and undergraduates and graduates are eligible to take it. Consent Application for Non-Law Students: We will try to accommodate all students interested in the course. But to facilitate planning and confirm interest, please fill out a consent application (https://forms.gle/hLAQ7JUm2jFTWQzE9) by March 13, 2020. Applications received after March 13 will be considered on a rolling basis. Elements used in grading: Attendance, Class Participation; Written Assignments or Final Paper. Cross-listed with Computer Science (CS 481).
Last offered: Spring 2020
| Units: 3
LAW 4046:
Data: Privacy, Property and Security
The collection, use and marketing of personal data are ubiquitous in the digital age. This seminar will explore the diverse legal regimes regulating personal data--including privacy, property and security--and the imperfect nature of their protections. Legal rules are rapidly evolving to address, if not resolve, the inevitable conflicts between privacy, property and security in relation to personal data. Laws have been enacted and new ones are under consideration at the national, state and even municipal levels, as well as around the world. Norms are emerging to guide these conflicts in the operation of business. Technology is evolving that can facilitate the protection, or accelerate the exploitation, of personal data. At the heart of all these developments is the question, who owns and controls personal data in the digital age. The same piece of data may in different hands raise different expectations. As an example, A may have a privacy expectation that her purchase from an online marketplace is no one's business but her own. B, the app that served as intermediary between the buyer and seller, may have a property or contract expectation that it owns the metadata and other information about A's buying habits. C, a government agency, may have a security interest in collecting or unearthing the details of A's purchase of particular items. This same triad of interests is implicated across a wide variety of highly sensitive personal data, such as location information, facial recognition and medical results. This seminar will explore these data rules, norms, technologies and conflicts through three sessions of lecture and interactive exercises addressed to privacy, property and security, respectively; four sessions devoted to presentations from leading representatives of consumer, corporate and government interests, with questioning by students in the class; and two sessions devoted to discussion of student answers to problem sets, focusing on an exploration of the privacy-property-security conflict and on forward-looking solutions to the protection of personal data. Elements used in grading: Attendance, class participation, research papers. 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. Cross-listed with International Policy (INTLPOL 362).
Last offered: Spring 2023
| Units: 3
LAW 4047:
Ethics, Public Policy, and Technological Change
Examination of recent developments in computing technology and platforms through the lenses of philosophy, public policy, social science, and engineering. Course is organized around four main units: algorithmic decision-making and bias; data privacy and civil liberties; artificial intelligence and autonomous systems; and the power of private computing platforms. Each unit considers the promise, perils, rights, and responsibilities at play in technological developments. Prerequisite: CS106A. Elements used in grading: Attendance, class participation, written assignments, coding assignments, and final exam. Cross-listed with Communication (COMM 180), Computer Science (CS 182), Ethics in Society (ETHICSOC 182), Philosophy (PHIL 82), Political Science (POLISCI 182), Public Policy (PUBLPOL 182).
Last offered: Winter 2020
| Units: 4
LAW 4048:
Regulating Internet Speech Platforms
Internet platforms like Google and Facebook play an enormous role in our online speech and information environment today. This class will review the intermediary liability laws that shape platforms' decisions about online content, and examine how successfully those laws achieve their goals. Students will be encouraged to think pragmatically about the legal, operational, and product design choices platforms may make in response to particular laws, drawing on the instructor's experience handling such questions as Associate General Counsel at Google. Readings and discussions will focus primarily on current US law, with some attention to European laws and to proposed or pending legislation. Important themes of the class include Constitutional and human rights constraints on intermediary liability laws; legal limits (or lack thereof) on platforms' enforcement of privatized speech rules under their Community Guidelines or Terms of Service; global enforcement of national laws requiring platforms to remove content; and connections between platform liability and other areas of law such as consumer protection or privacy. Students will be responsible for three written assignments. The longest will be a final paper of 15 pages. The other two will both be short responses to the week's reading. Up to three students, with consent of instructor, will have the option to write an independent research paper for 3 units. After the term begins, students (max 3) accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students will be graded based on Attendance, Class Participation, Written Assignments, and a Final Paper. Admission to the class is based on lottery, but in admitting students from the waitlist the instructor may prioritize based on students' degree programs.
Last offered: Autumn 2019
| Units: 2-3
LAW 4049:
Hack Lab
This course aims to give students a solid understanding of the most common types of attacks used in cybercrime and cyberwarfare. Taught by a long-time cybersecurity practitioner, a recovering cyberlaw litigator, and a group of hearty, motivated TAs, each session will begin with a lecture covering the basics of an area of technology and how that technology has been misused in the past. Students will then complete a lab section, with the guidance of the instructor and assistants, where they attack a known insecure system using techniques and tools seen in the field. Each week, there will be a second lecture on the legal and policy impacts of the technologies and techniques we cover. By the end of the course, students are expected to have a basic understanding of some of the most common offensive techniques in use today as well as a comprehensive overview of the most important aspects of cyberpolicy and law. No computer science background is required. All students must have access to a Windows, Mac OS X or Linux laptop. Students must enroll in the lecture as well as one Computer Lab (Lab meets 50 minutes once a week). Special Instructions: This class is limited to 120 students with 30 spots for SLS students. If more than 30 SLS students wish to enroll, instructor permission is required. Elements used in grading: Class participation, written assignments, take-home midterm, and a final exam. Cross-listed with International Policy (INTLPOL 268). Law students see INTLPOL listing for Computer Lab section meeting times.
Last offered: Autumn 2019
| Units: 3
LAW 4050:
AI and Rule of Law: A Global Perspective
Advances in machine learning, big data, networked communications, and computing are transforming our world and fueling calls for regulation. This course--a joint venture of a Stanford law professor and a former Member of the European Parliament and leading voice on tech regulation--offers a global perspective on the profound legal and governance challenges posed by the new digital technologies. Students will emerge with an understanding of how tech is reshaping the global distribution of political authority, rights, and resources, the existing state of law and regulation in the U.S., Europe, China, and elsewhere, and the new democratic governance models that are emerging in response. Each class session will feature one or more distinguished speakers from around the world drawn from the ranks of government officials, judges, activists, and academics who work in the fields of human rights, privacy, free speech, trade, and national security. There are no course prerequisites, whether in law or otherwise. Students will be responsible for one-page responses to each week's readings and a research paper to be turned in at the spring paper deadline. Students can take the course for 2 or 3 units, depending on research paper length. This class is cross-listed with International Policy (INTLPOL 253) and undergraduates and graduates are eligible to take it. Stanford Non-Law students may enroll in INTLPOL 253 directly in Axess. Non-law students wishing to enroll in LAW 4050 should complete the Non-Law Student Add Request form available at https://law.stanford.edu/education/courses/non-law-students/ for a permission number to enroll. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Spring 2020
| Units: 2-3
LAW 4051:
Governance of the Internet
Internet platforms like Google and Facebook play an enormous role in our online speech and information environment today. This class will review the laws that shape platforms' decisions about online content, with a primary focus on intermediary liability laws like the Digital Millennium Copyright Act (DMCA), Communications Decency Act Section 230 (CDA 230), and the EU's eCommerce Directive. The majority of course material will be from the U.S., but some will explore international models and in particular laws in the European Union. Some classes will explore the impact of related areas of law, including privacy law, and some will go beyond current legal models to explore forward-looking legislative and policy proposals. Important themes of the class include Constitutional and human rights constraints on intermediary liability laws; legal limits (or lack thereof) on platforms' enforcement of privatized speech rules under their Community Guidelines or Terms of Service; global enforcement of national laws requiring platforms to remove content; and tensions between the goals of intermediary liability law and those of privacy, competition, and other legal frameworks. Students will be encouraged to think pragmatically about the legal, operational, and product design choices platforms may make in response to particular laws, drawing on the instructor's experience handling such questions as Associate General Counsel at Google. Students will be responsible for (1) posting six reading response comments or questions to a class discussion board (these are due before class meets on six class days of your choice, they can be very brief and informal); (2) participating in class discussion, potentially including discussion of points raised in your written questions; and (3) completing a final examination. The course is open to law students and students in the Masters in International Policy (MIP) program. Thirty-five students will be admitted, with an effort made to have 25 students from the law school admitted by lottery (LAW 4051) and 10 from MIP admitted by instructor consent. MIP students may apply for consent to enroll in LAW.4051 by submitting a Non-Law Student Add Request Form available at https://law.stanford.edu/education/courses/non-law-students/ by September 10, 2021. Non-Law Student Add Request Forms received after the deadline will be reviewed on a rolling basis until the class is full. The class meeting and examination dates will follow the law school calendar, available at https://www-cdn.law.stanford.edu/wp-content/uploads/2021/02/2021-22-academic-calendar-FINAL.pdf. In admitting law students from the waitlist the instructor may prioritize based on students' degree programs. Three students may write a paper for R-credit in lieu of the final exam with consent of the instructor. After the term begins, students accepted into the course can transfer from the exam section (01) into paper section (02), with consent of the instructor. Elements used in grading: Attendance, class participation, mid-term, final exam or research paper. Cross-listed with Communication (COMM 363). Admitted non-law students wishing to enroll under the COMM 363 course number, should request a permission number from the instructors.
Terms: Win
| Units: 3
LAW 4052:
Governing Artificial Intelligence: Law, Policy, and Institutions
Even just a generation ago, interest in "artificial intelligence" (AI) was largely confined to academic computer science, philosophy, engineering, and science fiction. Today the term is understood to encompass not only long-term efforts to simulate the general intelligence associated with humans, but also fast-evolving technologies (such as elaborate neural networks leveraging vast amounts of data) with the potential to reshape finance, transportation, health care, national security, advertising and social media, and other fields. Taught by a sitting judge, a former EU Parliament member, and a law professor, and conceived to serve students with interest in law, business, public policy, design, and ethics, this interactive course surveys current and emerging legal and governance problems related to humanity's relationship to artificially-constructed intelligence. To deepen students' understanding of legal and governance problems in this area, the course explores definitions and foundational concepts associated with AI, likely pathways of AI's evolution, different types of law and policy concerns raised by existing and future versions of AI, and the distinctive domestic and international political economies of AI governance. We will consider discrete settings where regulation of AI is emerging as a challenge or topic of interest, among them: autonomous vehicles, autonomous weapons, labor market decisions, AI in social media/communications platforms, judicial and governmental decision-making, and systemic AI safety problems; the growing body of legal doctrines and policies relevant to the development and control of AI such as the European Union's General Data Protection Regulation and the California Consumer Privacy Act; the connection between governance of manufactured intelligence and related bodies of law, such as administrative law, torts, constitutional principles, civil rights, criminal justice, and international law; and new legal and governance arrangements that could affect the development and use of AI. We will also cover topics associated with the design and development of AI as they relate to law and governance, such as measuring algorithmic bias and explainability of AI models. Cross-cutting themes will include: how law and policy affect the way important societal decisions are justified; the balance of power and responsibility between humans and machines in different settings; the incorporation of multiple values into AI decision-making frameworks; the interplay of norms and formal law; technical complexities that may arise as society scales deployment of AI systems; AI's implications for transnational law and governance and geopolitics; and similarities and differences to other domains of human activity raising regulatory trade-offs and affected by technological change. Note: The course is designed both for students who want a survey of the field and lack any technical knowledge, as well as students who want to gain tools and ideas to deepen their existing interest or technical background in the topic. Students with longer-term interest in or experience with the subject are welcome to do a more technically-oriented paper or project in connection with this class. But technical knowledge or familiarity with AI is not a prerequisite, as various optional class sessions and readings as well as certain in-class material will help provide necessary background. Requirements: The course involves a mix of lectures, practical exercises, and student-led discussion and presentations. Elements used in grading: Requirements include attendance, participation in a student-led group presentation and a group-based practical exercise, two short 3-5 pp. response papers, and either an exam or research paper. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. CONSENT APPLICATION: We will try to accommodate as many people as possible with interest in the course. But to facilitate planning and confirm your level of interest, please fill out an application available at https://docs.google.com/forms/d/e/1FAIpQLSfwRxaM1omTsJmK9k0gksdS5jBPRz-YCuYhRUpDlVXXglDHjg/viewform by March 12, 2021. Applications received after the deadline will be considered on a rolling basis if space is available. The application is also available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). Cross-listed with International Policy (INTLPOL 364).
Last offered: Spring 2021
| Units: 3
LAW 4053:
Confronting Misinformation Online: Law and Policy
This course will examine contemporary challenges and trade-offs for tech law and policy decision-making presented by false information online. Topics will include private sector content policy approaches, governmental regulatory responses (both U.S. and European), and contemporary litigation challenges in the context of election misinformation; medical misinformation; the spread of misinformation in armed conflict and situations of widespread human rights violations; climate misinformation; and the effects of misinformation on news integrity. In exploring these topics, we will also consider the implications of artificial intelligence for the challenge of managing online misinformation. Along with the faculty, guest speakers from academia and industry thought leaders will present on these topics, followed by a discussion. In addition, students will analyze real-world dilemmas confronting policymakers through practical case studies and will assume the role of a policymaker from either the private sector, the government, or a non-governmental organization as part of each class. Finally, this course will explore regulatory, policy, technological, and other solutions to enhance the integrity of the online information ecosystem and address the growing problem of false information online. Special Instructions: Up to five Law students, with the consent of the instructors, will have the option to write an independent research paper for Law School Research (R) credit. For students in this section (02), the research paper will replace the Final Policy Memo. All other elements used in grading will apply. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Attendance, Class Participation, Written Assignments; Final Policy Memo or Final Research Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at https://forms.gle/phWuWfCJzCDNnCfR9. See Consent Application Form for instructions and submission deadline. Cross-listed with International Policy (INTLPOL 363).
Terms: Win
| Units: 2-3
LAW 4054:
Competition in Digital Markets (Reading Group)
Last October, the House Judiciary Committee's Subcommittee on Antitrust, Commercial and Administrative Law released its long-awaited report "Investigation of Competition in Digital Markets." Following a 16-month investigation into the state of online competition, the 450-page report analyzed the market power of Facebook, Google, Amazon and Apple, and concluded that "online platforms' dominance carries significant costs. It has diminished consumer choice, eroded innovation and entrepreneurship in the U.S. economy, weakened the vibrancy of the free and diverse press, and undermined Americans' privacy." The report included recommendations on restoring competition in the digital economy and strengthening antitrust laws and enforcement. The new Congress and the new Administration are expected to continue this work and advance proposals to reform the market. This reading group will be devoted to an analysis of the state of online competition and potential remedies by studying the House report, as well as related actions and litigation. It will include deep dives into the specific allegations against Facebook, Google, Amazon and Apple, potential remedies as to each, and other potential reforms to further competition in digital markets. The reading group will meet every other week starting in week 1 (i.e., weeks 1, 3, 5, 7 and 9) on Thursdays from 5 PM to 7 PM. It does not require an antitrust background, just interest in gaining a deeper understanding of the issues. Grading (MP/R/F) will be based on attendance and class participation. Enrollment will be limited to 10 students, with consent of the instructor. To apply for this course, students should send a brief statement explaining their interest and relevant background, if any, to the instructor at tomrubin@stanford.edu. Applications are due by March 21, though earlier submissions are welcome. Elements used in grading: Attendance, Class Participation.
Last offered: Spring 2021
| Units: 1
LAW 4055:
In House Product and Technology Counsel
This course provides a rigorous, hands-on, practical overview of the essential skills you'll need in today's practice of global technology and commercial transactions as in-house counsel. Students will learn key terms in commercial, IP and technology transactions, the art of collaborative negotiations with opposing counsel, and the development of interpersonal soft skills to successfully advise and counsel internal stakeholders in product-focused technology companies. Students will learn to draft, review and negotiate agreements such as (1) NDAs; (2) Product, Hardware and Manufacturing Supply Agreements; (3) Engineering Services, Design and Development Agreements; (4) Software License Agreements; and (5) Joint Development Agreements. Additionally, students will consider issues that arise during the contract lifecycle, handling business disputes, transactional ethics, dealing with stress & deal fatigue. This course is different from the typical law one examining law firm practice because it is focused on a product and high technology practice, with a heavy emphasis on product development, identifying and understanding supply chain risks, and working effectively to advise and counsel engineers in an in-house technology environment. The objective of this course is to equip students with the tools and skills you'll need to step successfully into legal positions from start-ups to top technology companies after law school. This course is suitable for all students interested in working in a technology, product, business or corporate environment. In this course, students approach law from an applied, negotiated, transactional perspective, with an emphasis on the lawyer's role in shaping complex commercial and IP technology transactions in today's technology-focused business environment. We will also have a guest lecturers and panel discussions from key bay area technology companies (which in the past have included Tesla, Google, Apple, and Intel). Prerequisites: Intellectual Property is recommended but not required. No technical background is required. Elements used in grading: attendance, thorough preparation and participation in all negotiations, participation in debriefings through meaningful discussions, and final work product (e.g. execution-ready agreements).
Last offered: Autumn 2021
| Units: 3
LAW 4056:
Net Neutrality
An open and affordable internet is critical to our economy, democracy, and our country's promise of equal opportunity. After the pandemic, everyone agrees on that. How we get there is the hard part. That's what the debate over net neutrality is all about. This class will examine the policy issues, legal frameworks, and key court decisions that shape this crucial debate. At its heart, net neutrality is the idea that we, the people who use the Internet, should be able to decide what we do online. We get to choose what sites to visit, what apps to use, and what videos to watch. Companies like Comcast, Verizon, and AT&T that we pay to get online don't get to influence our choices. The policy and legal fights over net neutrality have been going on for nearly two decades, both in the U.S. and internationally. In 2015, the debate captured U.S. public attention, leading to strong FCC protections and oversight. But in 2017, the FCC eliminated all protections. That set off fights in Congress, the courts, and the states. The FCC is now widely expected to restore net neutrality protections, and there's a strong chance that will happen during Winter quarter (which would be awesome timing). Through lectures, class discussions, and guest speakers, the class will introduce students to the key questions underlying the net neutrality debate so that they can become informed participants. Do we need net neutrality rules, and, if yes, what should they be? What are the options for addressing net neutrality at the FCC, in Congress, and by states? How do court decisions constrain states and the FCC? What effect will the Supreme Court's recent rulings and upcoming cases on the major questions doctrine and Chevron deference have on the FCC's ability to restore net neutrality protections or reclassify broadband as a telecom service? Who should take this class: Anyone who uses the internet. Those interested in internet and technology law, net neutrality, communications law, and appellate litigation. Those interested in seeing admin law in action. Those looking to clerk in the D.C. Circuit. There are no prerequisites for this class. The class is open to first-year law students and graduate students from other schools. To apply for this course, non-law students must complete a Non-Law Student Add Request Form available on the SLS Registrar's Office website (see Non-Law Students). After the term begins, students accepted into the course can transfer from the exam section (01) into paper section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, written assignments, final exam or research paper.
Terms: Win
| Units: 3
LAW 4057:
Antitrust and the Challenges of Competition in Digital Markets
These are unprecedented times for antitrust concerns about the market power and conduct of big technology companies, in particular Facebook, Google, Amazon, and Apple. The companies face an onslaught of regulatory and judicial scrutiny around the world. In the United States, the Department of Justice, Federal Trade Commission, and state attorneys general are all investigating possible anticompetitive practices and/or have filed major antitrust lawsuits. Congress is pursuing multiple investigations, and the House Judiciary Committee released an extensive report last October detailing harms resulting from the alleged dominance of "online platforms." At least six bills have been introduced in Congress to expand or clarify the application of antitrust laws to "Big Tech," and vocal advocates for antitrust scrutiny of Big Tech now occupy important positions in the DOJ, the FTC, and the White House. Elsewhere in the world, the European Commission is investigating and has filed charges, and China's State Administration for Market Regulation has increased its focus on these issues. At the heart of these issues is the impact major tech platforms have on competition, competitors, the economy, our democracy, and on billions of consumers/users. Core to the consideration and resolution of these issues is the question of what role antitrust and competition law should play in addressing those impacts and whether current antitrust theory and enforcement practices are adequate for that role in the US and around the world. This seminar will closely study the development of antitrust and competition law in the United States and Europe and its application to today's digital markets. After an overview of the fundamental laws and theories underlying antitrust law, we will briefly review the evolution of antitrust theory and enforcement over the last 40 years, from the Chicago School to current calls for a "neo-Brandeisian" reinvigoration of antitrust, and the significance of that evolution for how we answer today's most-pressing competition questions. We will consider the unique challenges faced by antitrust analysis in the technology sector through case studies of landmark enforcement actions brought against IBM, Microsoft, Intel, and others. The heart of the seminar will be a close examination and assessment of the antitrust allegations raised in the present wave of investigations and lawsuits. Our analysis will include how antitrust in these contexts should properly evaluate relevant markets involving complex platform businesses, how it should assess market power, whether various acts by large tech companies are anticompetitive/predatory or have countervailing procompetitive justifications, how we should determine the nature and scope of any resulting anticompetitive harm, and what remedies might be appropriate and effective in the event violations of antitrust law have occurred. We will conclude with an analysis of whether there are currently gaps in existing antitrust law and/or theory and what if any changes are needed to better serve the underlying purposes of antitrust (as well as what those purposes are and should be). We will evaluate a variety of pending and potential recommendations for transforming antitrust to more fully address some of the complex issues raised by online platforms and digital markets. Readings will include judicial opinions, litigation documents and evidence, congressional testimony and reports, and legal and economic scholarship. Guests with significant relevant expertise will join several of the classes. The seminar does not require an antitrust background, just an interest in gaining a deeper understanding of how antitrust and competition operate in the unique context of online digital markets. Grading will be based on a series of written reflections, class participation, and a final paper or equivalent written product. Enrollment is limited to 16 students, with consent of the instructors. Students interested in this seminar should submit a consent form with a resume and statement of interest and relevant background to be reviewed by Professors Malone and Rubin.
Last offered: Autumn 2021
| Units: 3
LAW 4058:
False Advertising
This course covers all of the basics regarding marketing law and false advertising, a rapidly changing and expanding area of law that dovetails nicely with trademark and copyright law. In this course, we will cover the basics of false advertising claims under the Lanham Act, and also cover enforcement at the state level and by the Federal Trade Commission. We will also study how false advertising law overlaps with areas of privacy law, business torts, and constitutional law, among other areas; and pay close attention to how these areas of law map onto social media, the influencer economy, and the metaverse. Open to students who has taken either intro to IP or trademark law. Limited to 35 students. Elements used in grading: Class participation, paper assignment. Class meets from 2:00 to 4:00 on Thursdays, Jan 12, Jan 19, Jan 26, Feb 2, and Feb 9.
Last offered: Winter 2023
| Units: 1
LAW 5001:
China Law and Business
The growing tension between China and the rest of the world after the COVID-19 outbreak has made it more important than ever for businesses and their advisers to understand the legal framework in China and related compliance issues. Given their need to survive the current economic crisis, which will likely last for some time, foreign businesses--however guarded they are--must keep a watchful eye and be ready to seize opportunities arising from an economy that is too big to give up. Designed to prepare students for different opportunities that are likely to touch on China and its regulatory framework, this introductory course examines Chinese legal rules and principles in select business-related areas, including intellectual property, dispute resolution (e.g., arbitration and litigation), foreign investment law, antimonopoly law, environmental protection, and artificial intelligence. Drawing on her 25 years of experience handling issues related to U.S.--China relations, politics, and legal reforms, the instructor will, wherever appropriate, conduct discussions that help shed light on the role of China in the new world order. Through active class participation and analysis of legal and business cases, students will learn both the law on the books and the law in action, as well as strategies that Chinese and international businesses alike can use to overcome limitations in the Chinese legal system. Leaders from the law and business communities will be invited to share their experiences and insights. This course is particularly suitable for law students, MBA students, and students enrolled in the East Asian Studies Program. Undergraduates who have permission from the instructor may also take this course. A Stanford Non-Law Student Course Registration Form is available on the SLS Registrar's Office website. Elements used in grading: class participation (20%), team project (40%), and extended take-home exam (40%). For the team project component, students will work with another student enrolled in the class to produce an analysis of a judicial case or legislation in China and discuss, for example, the implications of the related Chinese legal principles for businesses and/or major differences between these principles and similar U.S. legal principles. Quality team projects may have the opportunity to be included in the professional journal published by the China Guiding Cases Project ("CGCP"), which is led by Dr. Mei Gechlik, the instructor, and her global team of nearly 200 members. Team projects selected for publication will receive editorial input from the CGCP.
Last offered: Spring 2021
| Units: 3
LAW 5002:
Comparative Law
The big question in comparative law today - and one that is of key importance to anyone interested in international law - is whether we are currently witnessing a convergence of national legal systems. This course examines this question, as well as the related problem of American exceptionalism, by exploring key aspects of contemporary Western European legal systems, as well as (to a lesser extent) Latin American ones. We will study a range of legal institutions and practices, including such topics as legal education, the role of judges and judging, constitutional courts and judicial review, criminal procedure and punishment, and the rise and regulation of consumer culture. In contrast to the traditional comparative law course, we will also devote substantial time to such pressing public-law questions as racial equality and affirmative action, gender equality and sexual harassment, and church-state relations. In lieu of the final exam, students may opt to write four response papers to the assigned readings (each 5 to 7 double-spaced pages long). After the term begins, students accepted into the course can transfer from section (01) into section (02), with consent of the instructor. Elements used in grading: Class participation; and exam or response papers.
Terms: Win
| Units: 3
LAW 5003:
International Criminal Law and Its Enforcement
The establishment of a global system of international justice reveals that the promises made during the Nuremberg era are not mere history. Over the past two decades, the international community has undertaken a considerable investment in enforcing international criminal law in conflict and post-conflict situations with the establishment of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, East Timor, Cambodia, and Lebanon. In addition, new hybrid models and multilateral investigative institutions are in operation, attesting to the creativity of justice advocates. Meanwhile, national courts are increasingly exercising expanded forms of criminal jurisdiction over international and transnational crimes. The International Criminal Court (ICC) sits at the apex of this system, although it is plagued by challenges to its legitimacy, erratic state cooperation, and persistent perceptions of inefficacy and inefficiency. Moreover, the global commitment to international justice remains inconsistent as calls for criminal accountability for the situations in Sri Lanka, South Sudan, and Syria -- among others -- go unanswered. This course will introduce students to the law, institutions, and actors that constitute the system of international justice and to the political environment in which this system is situated. Readings will map the once and future international criminal law institutions, offer an elemental analysis of international crimes and forms of responsibility as they have evolved in international law, and focus on the challenges of pursuing criminal prosecutions for international crimes. Jurisprudence from the various international and domestic tribunals will be scrutinized with an emphasis on understanding the prosecution's burden, available defenses, and sources of proof. The course will also engage new and perennial debates about the suitability of using criminal justice mechanisms to respond to mass atrocity situations and consider alternatives from the domain of transitional justice. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning, law-making, and institutional design. It will complement existing courses at the Law School covering comparative law, international organizations, international human rights, criminal law, and public international law. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used grading: Attendance, Class Participation, Written Assignments; Exam or Final Paper. Cross-listed with Human Rights (HUMRTS 116) and International Policy (INTLPOL 354).
Last offered: Autumn 2020
| Units: 3
LAW 5005:
European Union Law
The U.S. and the European Union (which comprises 27 European states and 450 million people) have the largest bilateral trade relationship in the world. Over 50% of the world's GDP is generated on the Transatlantic Marketplace. U.S. companies rely on the EU market for more than half of their global foreign profits, and U.S. investment in the EU is currently three times greater than U.S. investment in the whole of Asia. In recent years, this has tremendously heightened the need for a sound understanding of the legal system of the EU, especially for business and technology lawyers. Responding to this need, this course will, first, examine the internationally unique legal system of the EU as such, as it is applicable to any field of substantive and procedural EU law. Thus, we will look at the legal nature and the different sources of EU law and its relationship with the national law of the EU Member States, including European human rights and fundamental rights protection standards. We will cover the relevant EU law enforcement actions including state liability issues for breach of EU law as well as the jurisdiction of both European Courts and relevant remedies in national courts. Secondly, we will explore the legal framework governing business activities in the EU, from the perspective of a business entity as an internationally operating actor in a European business environment. In this context, we will focus on the most essential fields of EU business law, i.e. (a) the four fundamental economic freedoms of the European Internal Market for goods, services, capital, and persons (enterprises, workforce, immigration), including the legal and economic implications of Brexit, (b) EU competition (antitrust) law, and (c) the new digital European Internal Market and EU data protection and privacy laws. Special attention will be given to the question how companies established outside the EU can efficiently use EU business law to pursue their interests in the EU. Additional study and research opportunities for students in EU law, building on this course, can be found on the SLS EU Law Initiatives website (https://law.stanford.edu/transatlantic-technology-law-forum/european-union-law-initiatives/). Special Instructions: After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Grades for students enrolled in section (01) will be based on writing assignments. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Writing assignments or research paper.
Terms: Win
| Units: 2-3
LAW 5006:
International Business Transactions, Regulation and Litigation
What legal problems arise when firms go global? Lawyers are increasingly asked to advise clients with global operations and to respond to multiple and sometimes inconsistent national laws. Through a series of case studies, we put you in the driver's seat and ask you to consider the challenges of doing business around the world. How should Twitter react to free speech limitations in Turkey? How should Facebook respond when governments around the world regulate its use and collection of data? What are the consequences for a US retailer if it expands in Europe? What rights and protections must it grant its employees? How should Nike weigh the legal risk from factory fires in Bangladesh? How should investors in China (or Ethiopia or North Korea) deal with the reality that they will lack basic legal protections that are common elsewhere? We examine how multinational firms respond to variation in national laws and what tools they have at their disposal when considering deals, disputes, and regulation. Elements used in grading: a short paper, class participation, and written assignments. This class is open to ALL students (except 1Ls). It is not limited to students enrolled in the Global Quarter.
Last offered: Spring 2023
| Units: 3
LAW 5007:
International Business Negotiation
This course is structured around a quarter-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at Berkeley Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Berkeley will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted both in-person and via videoconferences. The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Berkeley). Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare the written exchanges, to prepare for the live negotiations (as well as online negotiations in a world where these will be increasingly the norm), and to prepare for class discussions. Class discussions will focus on the strategy for, and progress of, the negotiations; collective evaluation of the class's preparation for, and performance in, the negotiations; and the substantive legal, business and policy matters that impact on the negotiations. In addition to the regular Monday class, the class will meet on Saturday September 30 from 10:30 AM to 1:30 PM at Stanford Law School (necessitated by the late start for the Stanford quarter this year and the need to sync with the Berkeley class). In addition, classes will meet for the live negotiations on four Saturday mornings at 10:30 AM (10/14, 10/21, 10/28 and 11/4) in the San Francisco office of DLA Piper (555 Mission Street; close to Montgomery St. BART station), and one Thursday evening (via Zoom) at 7:00 PM-10:00 PM (10/26). The four Saturday classes will end at 1:30 PM, except for 11/4 which will end at 2:30 PM. Due to the Thursday and Saturday classes, this class will conclude on November 6. Admission to this class is by consent of instructor. The maximum class size is 21, which will include students from GSB or other departments. Attention Waitlist Students: Students on the waitlist for the course will be admitted if spots are available on the basis of their position on the waitlist and degree of study; all waitlist students are encouraged to attend the first class and will be notified as spaces become available. Attention Non-Law Students: You must complete and submit both a consent form and a Non-Law Student Course Add Request Form to the Law School Registrar's Office (Room 100). See Stanford Non-Law Student Course Registration on the SLS Registrar's Office website. Prerequisites: A course in basic negotiations (e.g., Law 7821) or comparable prior experience is recommended. Elements used in grading: Class participation, written assignments and final paper. 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
| Units: 3
LAW 5008:
International Commercial Arbitration
This course provides a rigorous introduction to the law, theory and practice of international commercial arbitration. International commercial arbitration which has become the default means of settling international disputes and with clients increasingly involved in international business transactions and cross-border activity, is a rapidly growing practice area in law firms of every size. The practice is peripatetic, with many international arbitration lawyers basing themselves in law firms in New York, Washington D.C., Paris, Hong Kong, Singapore, and other major world commercial centers. The course will deal with the internationalist elements of the subject matter, but also examine international commercial arbitration from an American perspective. Students can expect to review both foreign and US commentaries, statutes and case law. The course will comprise of five main topics: (1) an introduction to the field of international commercial arbitration; (2) the agreement to arbitrate; (3) the arbitrators; (4) the arbitration process; and (5) the arbitral award. The intent is to provide a strong academic understanding of the various theories and principles, but with a strong practical bent. Elements used in grading: Attendance, Class Participation, Final Exam.
Terms: Spr
| Units: 3
LAW 5009:
International Conflict Resolution
This seminar examines the challenges of managing and resolving intractable political and violent intergroup and international conflicts. Employing an interdisciplinary approach drawing on social psychology, political science, game theory, and international law, the course identifies various strategic, psychological, and structural barriers that can impede the achievement of efficient solutions to conflicts. We will explore a conceptual framework for conflict management and resolution that draws not only on theoretical insights, but also builds on historical examples and practical experience in the realm of conflict resolution. This approach examines the need for the parties to conflicts to address the following questions in order to have prospects of creating peaceful relationships: (1) how can the parties to conflict develop a vision of a mutually bearable shared future; (2) how can parties develop trust in the enemy; (3) how can each side be persuaded, as part of a negotiated settlement, to accept losses that it will find very painful; and (4) how do we overcome the perceptions of injustice that each side are likely to have towards any compromise solution? We will consider both particular conflicts, such as the Israeli-Palestinian conflict and the South African transition to majority rule, as well as cross-cutting issues, such as the role international legal rules play in facilitating or impeding conflict resolution, the ways intragroup dynamics affect intergroup conflict resolution efforts, and the role of transitional justice mechanisms to address atrocities following civil wars. Special Instructions: Section 01: Grades will be based on class participation, written assignments, and a final exam. Section 02: Up to five students, with consent of the instructor, will have the option to write an independent research paper for Research (R) credit in lieu of some of the written assignments and final exam for Section 01. After the term begins, students (max 5) accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. This class is limited to 20 students, with an effort made to have students from SLS (12 students will be selected by lottery) and eight non-law students by consent of instructor. This class is cross-listed with International Policy (INTLPOL 250) and Psychology (PSYCH 383).
Last offered: Winter 2020
| Units: 2
LAW 5010:
International Human Rights
This comprehensive class is designed to enhance understanding of both the theoretical foundations and practical application of international human rights law. It is structured to provide an in-depth exploration that combines academic theory with the realities of implementing human rights law on a global scale. The first segment of the course is dedicated to the fundamentals of human rights law. This includes an examination of the international human rights movement and the theory and origins of the international law of human rights. Students will study a range of UN treaties covering civil and political rights, economic, social, and cultural rights, as well as conventions against gender and racial discrimination, children's rights, and the prohibition of torture. The course will consider both the substantive law and the strategies for its implementation. It will critically analyze the UN institutional mechanisms for promoting human rights implementation, exploring both the root causes and the varied outcomes of these efforts--where the system has failed and where it has succeeded. Transitioning into the second half, the seminar will focus on the populations affected by international human rights law, moving from theory to the examination of current situations. This shift is aimed at applying the principles learned to contemporary issues, thus providing a comprehensive understanding of the strengths and weaknesses of the international human rights regime. By the end of this course, students will have developed a robust understanding of the concepts, mechanisms, and challenges of human rights law, and will be equipped with the analytical tools to actively engage in current debates and contribute to the field of human rights law and its implementation. Elements used in grading: Attendance, class participation, written assignments, and final paper. Advanced undergraduate and graduate students may request enrollment by sending a statement of interest to the instructor. Requests will be reviewed on a rolling basis. Undergraduates who wish to enroll in this course must have completed HUMRTS 101 as a prerequisite. This course is cross-listed with Human Rights (HUMRTS 117) and International Policy (INTLPOL 355).
Terms: Win, Spr
| Units: 3
LAW 5011:
International Investment Law
The past few decades have seen a dramatic increase in the number of bilateral investment treaties and other treaties with investment-related provisions, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. It has also seen a rise in the review of inbound investment at the national level,as illustrated by the increasing scrutiny of foreign investment in the United States by CFIUS. This seminar will cover four broad areas: (I) the historical and policy origins of international investment agreements; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; and (IV) current controversies over the legitimacy and desirability of ISDS; and (V) an introduction to the role of CFIUS in the United States. . Students will make presentations relating to the readings, and write two reflection papers during the course of the quarter. Elements used in grading: Class participation, attendance and reflection papers.
Terms: Aut
| Units: 2-3
LAW 5012:
International Criminal Justice
(Formerly Law 752) The establishment of a global system of international justice reveals that the promises made during the Nuremberg era are not mere history. Over the past decade, the international community has undertaken a considerable investment in enforcing international criminal law in conflict and post-conflict situations with the establishment of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, East Timor, Cambodia, and Lebanon. As these ad hoc institutions wind down, the International Criminal Court (ICC) has become fully functional, although it is plagued by challenges to its legitimacy, erratic state cooperation, and persistent perceptions of inefficacy and inefficiency. Moreover, the global commitment to international justice remains inconsistent as calls for criminal accountability for the situations in Sri Lanka, South Sudan, and Syria---among others---go unanswered. This intensive mini-course in the early September Term will introduce students to the law, institutions, and actors that constitute the system of international criminal justice and to the political environment in which it operates. The classroom component (offered at Stanford during the first week of the course) will undertake an elemental analysis of international crimes as they have evolved in international law and focus on the challenges of interpreting these norms in a criminal prosecution. Jurisprudence from the various international tribunals will be scrutinized with an emphasis on understanding the prosecution's burden, available defenses, and sources of proof. The course will culminate in a visit to The Hague in the second week of the course, during which time students will meet with principals from the tribunals, including prosecutors, judges, administrators, and members of the defense bar. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning, law-making, and institutional design. It will complement existing courses at the Law School covering comparative law, international organizations, international human rights, and public international law. The course grade will be based on a series of short papers and active in-class engagement with the assigned materials. 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.
Last offered: Autumn 2018
| Units: 3
LAW 5013:
International Law
This course provides a general introduction to international law and its role in today's complex and interdependent world. We will begin by considering foundational questions about the nature of international law, such as: the origins of international law in the sovereign equality of states; the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law; the sources of international law (including treaties and customary international law); the subjects of international law; principles of state responsibility; and the bases upon which states may exercise jurisdiction. We will then examine the incorporation and operation of international law in the U.S. legal system. In the second half of the course, we will look at a series of contemporary international law topics and issues, including international dispute resolution, international human rights law, the law governing coercion and the use of armed force, the law of armed conflict, international environmental law, and international criminal law. Throughout, we will consider current issues and problems arising in the international arena, as well as whether and to what extent international law affects the behavior of states. This course provides a general grounding in public international law and a foundation for more advanced or specialized international law courses. Elements used in grading: Class participation, optional midterm exam, and final exam. Cross-listed with International Policy (INTLPOL 350).
Terms: Spr
| Units: 4
LAW 5014:
International Trade Law
This course will survey the law and policy of modern international trade agreements, with an emphasis on the treaty network of the World Trade Organization (WTO) and other important multilateral arrangements, as well as U.S. laws governing "unfair trade practices" such as subsidization and dumping. Topics will include the political economy of the treaty framework, the relationship between international and domestic law, bilateralism versus multilateralism, the current crisis in the WTO dispute resolution system and its origins, and the tensions between international trade law and domestic regulation. Issues of particular current interest will also be addressed, including the current trade row with China, and the imposition of tariffs on national security grounds, and Buy American policies. Elements used in grading: Class participation, attendance and final exam.
Terms: Win
| Units: 3
LAW 5015:
International Dealmaking: Vienna Field Negotiation
This course is structured around a week-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at University of Vienna Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Vienna will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long-term supply contract, or some combination. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted in-person. The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the professional and cultural dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges, as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. The course will be limited by consent to eight (8) students. Prerequisites: A course in basic negotiations (e.g., Law 7821) or comparable prior experience is recommended. Elements used in grading: Class participation, written assignments and final paper. There will be two preparatory sessions at Stanford during February and March 2018. Students in the class will travel to Vienna on or before Saturday, March 24th. Class sessions will begin on Sunday afternoon, March 25, and continue all day Monday, March 26 through Wednesday, March 28th. [Cultural tour and closing dinner on Thursday, March 29th, and depart for USA on Friday, March 30th.]
Last offered: Winter 2018
| Units: 2
LAW 5016:
Japanese Law, Society and Economy
This seminar provides a critical introduction to the institutions and actors that comprise the Japanese legal system. Throughout the seminar, law is examined within the broader context of Japanese social, political, and economic institutions. Topics covered include the legal profession, constitutional law, dispute resolution, criminal law, family law, employment law, and corporate law. Leading scholarly commentaries on law's role in Japanese society are also examined and critiqued. Thematically, the course offers an extended exploration of the "transplantation" of foreign law and the role of law in Japan's social structure and economic development. All readings and instruction are in English. Japanese language ability and knowledge of Japan are not required. Elements used in grading: Class Participation, Short Written Assignments, and Final Paper.
Terms: Spr
| Units: 2
LAW 5017:
Law in Latin America
(Formerly Law 582) The course has two main goals: to introduce students to the civil law tradition and to gain an understanding of the ways in which the law is practiced and lived in Latin American and Spain. Special attention is given to law firms, courts and legal education. The course will be especially useful for those expecting to have contact with Latin American countries or Spain in their practice of law and for those interested in comparative law or Latin American studies. All required readings are in English. In addition, students may review and present elective readings in Spanish and Portuguese. The ability to read in these languages is appreciated but not required. Elements used in grading: Class Participation, Written Assignments, Final Paper.
Last offered: Autumn 2016
| Units: 2
LAW 5018:
Legal Institutions and Global Economic Development
This course will cover readings on the relationship between legal institutions and economic development across different countries. Some topics are set by the instructor, while others arise depending on the interests of students as they develop their paper topics. Topics in the past have included the role of legal and colonial origins, rights in property and contract, natural resources, political stability, governance/corruption, and social and economic rights. Readings will emphasize both broad themes and policy in these areas, with a special emphasis on considering varieties of evidence, including case studies, comparative history, statistical studies with observational data, and field experiments. No prior background in empirical methods is necessary or required. 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 or Final Research Paper.
Last offered: Autumn 2016
| Units: 3
LAW 5019A:
The Law of War (Reading Group)
This course will provide students with exposure to the international law regime governing war, including the law that regulates when states may resort to force (jus ad bellum) and the constraints on the conduct of warfare itself (jus in bello). Elements used in grading: Attendance, Class Participation. Class will meet five Mondays, 4:15PM to 6:15PM. Precise meeting dates TBA by instructor. 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.
Last offered: Spring 2023
| Units: 1
LAW 5021:
Current Topics in International Economic Law
This seminar will explore select topics in international economic law, including but not limited to: the formation of new free trade agreements (in particular the proposed Pacific and Atlantic partnerships); the inclusion of "next generation" issues into trade agreements; the expanding use of investment arbitration; the architecture of the Eurozone in relation to recent European Union jurisprudence and policy; and the global regulation of cross-border financial flows. An introductory course in international trade law (or equivalent preparation) is prerequisite. In addition to a final paper, students will be expected to produce weekly reading responses. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Spring 2017
| Units: 2
LAW 5023:
The Rule of Law - The Foundation of Functional Communities
We will seek to determine a useful meaning of the notion of the rule of law, to identify a credible measurement of adherence, and to explore the importance of the rule of law in terms of economic, socio-political and human development. We will focus on accountable government and private actors; just laws; open processes for the enactment, administration and enforcement of laws and impartial dispute resolution. Readings will include the works of philosophers, political theorists and jurists from the 17th to the 21st century as well as contemporary scholars. This seminar will feature experts in the field as guest lectures and requires three reaction papers from all participants. Elements used in grading: Class participation and reaction papers.
Last offered: Spring 2023
| Units: 2
LAW 5025:
Global Poverty and the Law
With more than a billion people living on less than $2 a day, global poverty is one of the biggest challenges currently facing humanity. Even though those who suffer the most are located in the developing world, many of the policies, economic opportunities, and legal actions that offer the biggest potential for global poverty alleviation are made in the United States. This course will provide an introduction to the study of global poverty. What causes poverty? Why have some parts of the developing world done better at alleviating poverty than others? Can the world ever be free of poverty, as the World Bank's official motto suggests? How is the COVID pandemic affecting global poverty, and how should policymakers think about any potential tradeoffs? More generally, what can aspiring lawyers do to improve the condition of the world's impoverished? These are some of the questions this course is designed to address. This course is intended especially for future lawyers and policymakers who seek a deeper understanding of the developing world. After a brief overview that will familiarize students with the major concepts and empirical debates in poverty and development studies, we will examine a variety of 'causes' of poverty, from poor governance to lack of economic opportunity to the role of society. Since this course is just as much about what can be done, we shall also consider applied approaches to poverty alleviation. These types of interventions include political/legal reforms such as anti-corruption initiatives, 'rule of law' interventions, right to information programs, privatization, and community-driven development models; economic solutions such as cash transfers and microfinance; and technological approaches such as new methods for measuring policy impact and the application of new technologies for state identification and distribution programs. In addition to more typical scholarly readings, students will review poverty alleviation policy proposals and contracts made by various stakeholders (academics, NGOs, states, international bodies, etc.). Grading is based on participation, a presentation of research or a proposal, and, in consultation with the professor, a research paper. The research paper may be a group project (Section 01) graded MP/R/F or an individual in-depth research proposal either of which could be the basis for future field research (Section 02) graded H/P/R/F. Students approved for Section 01 or Section 02 may receive R credit. Automatic grading penalty waived for research paper. Cross-listed with International Policy Studies (INTLPOL 281). This course is taught in conjunction with the India Field Study component (Law 5026). Students may enroll for this course alone or for both this course and Law 5026 with consent of the instructor (12 students will come to India). CONSENT APPLICATION: To apply for this course, please complete and submit a consent application available at https://forms.gle/kHTHK5c7UE1aKRi2A.
Last offered: Winter 2023
| Units: 3
LAW 5026:
Global Poverty, Corruption, and the Law: India Field Study
This is the India Field Study component of Global Poverty and the Law (Law 5025). For details, see course description for Law 5025. Corruption is one of the most difficult challenges facing societies across the developing world. Why is corruption so pervasive and what can be done to address it? During spring break 2023, this course will be held in Delhi, India and will consist of conversations with lawyers, politicians, scholars, leaders in civil society, and senior bureaucrats who are active in anti-corruption efforts. Students will also meet frontline bureaucrats (i.e., cops and government teachers) who will share their own perspectives about the problem. Enrollment is limited to 12 students. PLEASE NOTE: Students will need a passport and a visa to travel to India. Students will be required to attend two dinner meetings during the Winter Quarter in preparation for the trip. Elements used in grading: class participation and short writing assignments. See Law 5025 Global Poverty and the Law for application instructions.
Last offered: Winter 2023
| Units: 1
LAW 5027:
Social Conflict, Social Justice, and Human Rights in 21st Century Latin America
This course will consider significant sources of social conflict, efforts to achieve social justice and the relevance and impact of human rights norms and oversight mechanisms in Latin America in the 21st Century. Led by Prof. James Cavallaro, the course will involve weekly sessions, each focusing on a particular topic. Readings will provide the basis for short student reflection papers to be prepared in advance of each session. The class will generally involve an initial presentation, followed by seminar-style discussion. Topics will include the human rights crisis facing Mexico, in particular, forced disappearances, summary executions and torture. We will consider, for example, the forced disappearance of 43 students in September 2014 (Ayotzinapa) in at least one session. The current political and human rights crisis facing Venezuela will be considered, likely by an expert guest speaker. So too will the peace process in Colombia and the Special Jurisdiction for Peace. Other sessions will consider social conflict and justice issues across the region. These issues will include the resurgence of populism in the United States and Latin America and its effects on social justice and human rights, the continued relevance of the Organization of American States and its human rights bodies, migration and human rights, the rights of indigenous and traditional peoples and models of development, among others. Elements used in grading: Grades will be based on class participation, and either several short reflection papers (section 01) or a final 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. 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.
Last offered: Autumn 2017
| Units: 2
LAW 5028:
Regional Human Rights Protections: The Inter-American System
This course provides an in-depth introduction to the doctrine, practice and critiques of the Inter-American Human Rights System ("IASHR"). Students will examine the major instruments for human rights protections in the IASHR, the Inter-American Court and Commission's procedure and jurisprudence, as well as the obstacles and opportunities that civil society, victims, and advocates encounter when engaging the inter-American system. The Course will consider issues of implementation, and the types of measures and forms of relief that can be sought from the Court and the Commission. The inter-American system has played a crucial role in opening spaces for debate on human rights protections in Latin America and the Caribbean, increasing protections at the domestic level, and supporting civil society in its quest for accountability for massive human rights violations. The system has also played a role in civil society efforts to bring the human rights debate home, including in the United States. Students will have an opportunity to cast a comparative look at the inter-American and the European Human Rights systems and to consider the comparative advantages, disadvantages and complementary potential of regional human rights systems and universal international human rights and criminal justice bodies. Cross Registration: This Course is open to graduate students across the university, with permission of the instructor. Preference for cross-registration by non-Law School students will be given to students enrolled in the Master of Arts program in Latin American Studies. Elements used in grading: Class Participation, Attendance, Short Written Assignments, Final Paper. 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.
Last offered: Winter 2018
| Units: 3
LAW 5029:
Human Trafficking: Historical, Legal, and Medical Perspectives
(Formerly Law 675) This course offers an interdisciplinary approach to understanding the extent and complexity of the global phenomenon of human trafficking, including trafficking for forced prostitution, labor exploitation, and organ harvesting. In each of these areas, we will focus on human rights violations and remedies. The course aims to: 1. Provide the historical context for the development and spread of human trafficking. 2. Analyze current international and domestic legal and policy frameworks to combat trafficking and evaluate their practical implementation. 3. Examine the medical, psychological, and public health issues involved. 4. Stimulate ideas for new interventions. Instruction will combine lectures and small group discussion, and uses problem-based learning. Students interested in service learning should also enroll in History 6W/7W (FemGen 6W/7W), a two-quarter service learning workshop. Elements used in grading: Attendance; participation; written assignments; and final exam. This class is cross-listed with Feminist, Gender and Sexuality Studies (FEMGEN 5C, FEMGEN 105C), History (HISTORY 5C, 105C), Human Biology (HUMBIO 178T), International Relations (INTNLREL 105C) & School of Medicine General (SOMGEN 205).
Last offered: Winter 2017
| Units: 3
LAW 5031:
Law and Society in Late Imperial China
(Formerly Law 773) Connections between legal and social history. Ideology and practice, center and periphery, and state-society tensions and interactions. Readings introduce the work of major historians on concepts and problems in Ming-Qing history. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Cross-listed with Chinese (CHINA 392B) and History (HISTORY 392B).
Last offered: Winter 2019
| Units: 3
LAW 5033:
International Justice
(Formerly Law 786) Mass atrocities---including genocide, war crimes, and crimes against humanity---continue to rage around the world, from Syria and South Sudan to Iraq and Myanmar. This course examines origins, operations, and outcomes of historical and contemporary international justice measures to address such heinous crimes. We will consider the full range of judicial, legislative, and executive "transitional justice" mechanisms available to policymakers as societies emerge from periods of violence and repression. These mechanisms include war crimes tribunals (such as the International Criminal Court), truth commissions, amnesties, lustration, exile, indefinite detention, lethal force, and inaction. The course draws on various case studies, including present-day Syria and Iraq, Rwanda and the Balkans in the 1990s, and World War II. Readings address the legal, political, and philosophical underpinnings of justice; questions of institutional design; and how different societies have balanced competing policy imperatives. Students may take the course for two or three units depending on the length of the paper. Students will receive Research credit for the seminar. This class is limited to 20 students, with an effort made to have students from SLS (15 students will be selected by lottery) and five non-law students by consent of instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2018
| Units: 2-3
LAW 5034:
Human Trafficking: Law and Policy
Taking an historical and comparative perspective, this course will introduce students to the international, domestic, foreign, and sub-national law governing the many manifestations of human trafficking (including legal prohibitions on forced labor and modern forms of slavery, sexual exploitation, organ trafficking, and child soldiering). We will also explore the diplomatic and policy tools employed by state and local governments to tackle this phenomenon. Class sessions will be comprised of a combination of lectures, seminar discussions, and guest speakers. Students have the option of completing a research paper or a take-home final exam. The first eight weeks of the course will coincide with the first eight weeks of winter quarter and will be conducted at Stanford Law School. Enrollment in the Thailand field study option is limited to 12 students (See Law 5035 for application instructions and deadline). Elements used in grading: Attendance, Class Participation, Written Assignments; Final Exam, or Final Research Paper. Cross-listed with International Policy (INTLPOL 356).
Last offered: Winter 2019
| Units: 3
LAW 5035:
Human Trafficking: Law and Policy - Thailand: Field Study
This field study is being taught in conduction with Law 5034, offered Winter Quarter 2019. During spring break, select students enrolled in Law 5035 will travel to Thailand to tour elements of the anti-trafficking ecosystem in Bangkok and Chiang Mai (the largest city in northern Thailand). Thailand is considered a source, transit, and destination state for many forms of human trafficking. As part of this field study, students will meet with multilateral organizations, government officials, non-governmental organizations and survivors' organizations, and other individuals involved in the anti-trafficking movement. Students will also consider the legal and ethical challenges associated with working in this field. Enrollment is limited to 12 students who will be chosen by lottery (with preference given to 3Ls). Grading will be based on participation in field study activities and a final reflection paper. N.B. Students will require a passport (valid 6 months from the date of entry) to visit Thailand. U.S. citizens do not require a visa for stays of less than 30 days. 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. Elements used in grading: Attendance, Class Participation, Written Assignments.
Last offered: Winter 2019
| Units: 1
LAW 5036:
Law and Ethics of War
War is violent and often devastates the lives of those caught up in it. Yet it is also a means by which political communities protect themselves, pursue collective interests, and defend their rights. When, if ever, is the recourse to armed force justified, either as a legal or moral matter? And what rules, if any, do law and morality impose on the conduct of war? The course explores both the international law regime and the just war theory principles governing war. We will begin by considering when states may permissibly use force, and how changing security threats, including terrorism, the proliferation of weapons of mass destruction, and the impulse to respond to widespread humanitarian atrocities challenge and are reshaping the legal framework on recourse to force. We will then explore the rules governing the conduct of warfare itself, including the constraints on the means and methods of war, the requirement to avoid targeting non-combatants in armed conflict, and the rules governing the treatment of detainees. A particular focus of the class will be the application of these rules in non-traditional, asymmetric conflicts between states and non-state armed groups. Throughout, we will consider the relationship between just war theory and the international law regime governing the use of force, when they conform with one another and when they diverge, and why. Special Instructions: Section 01: Grades will be based on class participation, written assignments, and a final exam. Section 02: Up to five students, with consent of the instructor, will have the option to write an independent research paper for Research (R) credit in lieu of the written assignments and final exam for Section 01. After the term begins, students (max 5) 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: Class Participation; Written Assignments, Final Exam or Research Paper.
Last offered: Winter 2019
| Units: 2
LAW 5037:
Qing Legal Documents
How to use Qing legal documents for research. Winter: sample documents that introduce the main genres including: the Qing code and commentaries; magistrates' handbooks and published case collections; and case records from Chinese archives. Spring: class meets occasionally; students complete research papers. Prerequisite: advanced reading ability in Chinese. Elements used in grading: Students complete research papers. This course is cross-listed with History (HISTORY 495A) and Chinese (CHINA 495A).
Last offered: Winter 2019
| Units: 3
LAW 5038:
Jewish Law: Introduction and Topics
This course will provide an overview of the field of Jewish Law and will seek to provide a few case studies of topics in Jewish Law. All the readings are in English and this course presupposes no background in Jewish Law. Jewish Law is the world's oldest complex legal systems with distinct and idiosyncratic approaches to family, commercial, ritual and many other areas of law. It also has developed an elaborate "conflicts of law" sub-literature focusing on when should Jewish Law apply and when should some other legal system apply, reflecting the long history of the Jewish community in the diaspora as a minority. In this course, we will consider how Jewish law approaches a number of specific topics and we will ponder as well the proper interaction between Jewish law and secular legal norms, Jewish Law and changes in technology, Jewish law and sovereignty, Jewish Law and Bioethics and Jewish law and Family. Other topics will be added as we all see fit. Students who are interested in making a presentation on an area of their choice are welcome to do so. The course will seek to include an optional supplementary "field trip" to see a rabbinical court in action in California. The Learning Outcomes provided by this court include the following: Students who take this course will: 1. Exhibit knowledge and understanding of key concepts in substantive law, procedural law, and legal thought in Jewish Law. 2. Demonstrate facility with legal analysis and reasoning in the Jewish Legal tradition and will demonstrate the ability to conduct legal research in Jewish Law. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used in grading: Attendance, Class Participation, Final Paper. Cross-listed with Jewish Studies (JEWISHST 265).
Last offered: Autumn 2019
| Units: 2
LAW 5039:
The Future of Global Cooperation
With autocracy resurgent and democracy on the decline, what is the future of global cooperation? What will be the fate of global institutions built to restore and maintain peace? Why pursue global cooperation at all? This seminar examines the role of the United Nations and other international organizations in responding to transborder threats in the modern era. Case studies may include the Syrian war, the Paris Climate Accord, the Russia-Ukraine conflict, the 2014-2016 Ebola outbreak in West Africa, and the COVID-19 pandemic. For LAW 5039, students may enroll for one unit (Section 01) or students may write a long policy memo for an additional unit of credit (Section 02). See syllabus for details. Elements used in grading: Attendance, class participation, written assignments, and a final presentation. Permission of instructor only; enrollment is capped. Please contact the instructor for consent to enroll. Accepted students should forward instructor consent to the SLS Registrar's Office (registrar@law.stanford.edu) for a permission number to enroll in LAW 5039 in Axess. Course is cross-listed with PUBLPOL 217 and INTLPOL 217.
Last offered: Spring 2023
| Units: 1-2
LAW 5040:
Law, Lawyers, and Transformation in Democratic South Africa
South Africa's transition to democracy in 1994 marked the formal end of the comprehensive political, economic, and social system of racial subordination known as apartheid. The country has changed dramatically since then, as the government has built several million new housing units, created social welfare systems, and created an array of government and private sector programs to combat discrimination and redress the effects of subordination. Yet the country remains among the most unequal in the world, with 64% of black South Africans living below the poverty line, compared to 1% of whites. Most non-white South Africans receive poor education, live in substandard housing, and have limited employment opportunities. ..............In recent years, discontent with the pace of economic and social transformation has boiled over. In 2015, university campuses erupted in protests. Students' demands quickly expanded from the removal of statutes of white colonizers to wider "decolonization" of university faculty and curricula and the expansion of access to higher education. "Born-free" student activists are now calling for faster, more radical transformation not just of campuses but of the society as a whole; many denounce what they see as the Mandela generation's overly conciliatory approach to white privilege in the economy, society, and interpersonal relations. Since 2018 there is new dynamism at the top, too: many South Africans believe that their new President, Cyril Ramaphosa, will curtail corruption and expand redistributive economic and social policies...............This course provides an opportunity to engage South Africa at this exciting historical moment, through intensive study during a week at Stanford and meetings with lawyers, activists, community members, and possibly students, journalists, and politicians during a week in Cape Town. We will focus on how lawyers are struggling for social justice and economic and social transformation--sometimes through ambitious arguments using South Africa's highly progressive constitution, but more often by supporting social movements day to day. Our learning will be grounded in specific cases, such as of the shack-dwellers movement Abahlali baseMjondolo; Equal Education, an organization of high school-age students; and pioneering class actions on behalf of injured gold miners. These cases will enable us to explore various ways law and lawyers fit into social change, the challenges and rewards of such work, and how their perspectives overlap with and diverge from those of their clients. At the same time, we will draw connections between this work and the grand debates and historical arc described above. While comparing South Africa with the United States will not be a primary purpose of the course, we may well see interesting parallels and divergences, and will have some space to discuss those, among ourselves and perhaps with our South African interlocutors...............The format of the course will be unusual: We will return to campus before the Fall quarter and spend the week of September 12 preparing intensively at Stanford. We will meet daily for approximately three hours of discussion, collaborative exercises, and some lecturing, as well as read assigned material outside class. We will (a) learn some essential background on apartheid; current legal, political, economic, and social conditions; and our case studies; (b) begin to analyze legal activism methods and the challenges of transformation; and (c) prepare topics and specific questions for our meetings in South Africa, which students will lead. The following weekend we will fly to Cape Town, where we will spend the week of September 19 learning from visits to organizations and communities, and possibly one or two museums or other sites, as well as from discussions with a range of South Africans. We will return the weekend before the Fall quarter begins...............Stanford Law School is committed to equal access to field study courses regardless of financial situation. The School covers nearly all expenses during the trip, but students must pay for their own transportation to and from South Africa. Students who qualify for financial aid can receive a supplemental award to cover those transportation costs...............The course grade will be based on a series of short papers (one or more of which may be due after our return), active in-class engagement with the assigned materials, and preparation for and participation in interviews during the trip, and. The course is open to rising 2Ls and 3Ls. 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.
Last offered: Autumn 2022
| Units: 3
LAW 5041:
Business, Institutions, and Corruption in Latin America
Corruption is a global problem. Although data suggests that there are places that accumulate more harmful practices than Latin American countries, Latin America is perceived as a champion of corruption. This macro vision may hide the distinctive characteristics of each country, as Latin America is a patchwork of idiosyncrasies regarding corruption. However, Latin American countries are narrowing their differences to closer patterns at a considerable pace. Latin America is facing an unprecedented chapter in its history against corruption due to the Organisation for Economic Co-operation and Development (OECD) and other international organizations' recommendations, the Foreign Corrupt Practices Act (the US federal law that addresses accounting transparency requirements for companies that negotiate bonds in the US), and other constraints related to economic globalization. This course will present students with the theoretical literature that aims to explain corruption in Latin America, the technical constraints that have recently reshaped its practices, and the latest most significant cases. From the petty bribery that is essential for people to gain access to basic needs, to the sophisticated structure that is the mainstay of organized crime, corruption embodies an enormous range of different practices. Risk and uncertainty, information asymmetry, and contract enforceability are traditional barriers to the development of ethical business in Latin America in general. However, recent episodes in Latin America have demonstrated that corruption involving politicians and public procurement concretizes huge entry barriers to the free market. One of the aims of this course is to show how this kind of corruption is incorporated within the design of legal statutes and the practices of institutions. Some of the questions raised by this course will address issues including the following: what companies and institutions can do to improve fair trading in Latin America and stop the vicious cycle of corruption; how successful they might be considering Latin America's social and political environment; what challenges are introduced by the Foreign Corruption Practices Act; how political austerity in Latin America relates to the ability to inspect areas that are vulnerable to corruption and criminality; what the recent plea-bargain cases in Latin America, especially Brazil, show about hands-on experience with corruption; and how this knowledge can prepare lawyers to prevent their clients from falling into the same path-dependent dangers. The course is designed for JD candidates and LLM students, but graduate students from other departments are most welcome. Legal jargon is not expected. We will learn through seminar-style discussions and lectures. Elements used in grading are class participation, attendance, and a few reaction papers.
Last offered: Winter 2020
| Units: 2
LAW 5042:
Comparative Law and Society
This is a course about the relationship between law and the larger society--but with readings drawn almost entirely from studies carried out in countries other than the United States. The course will look, for examples, at readings from Chile, China, England, Germany, Israel, Japan, Jordan, Russia, Taiwan, Thailand, and Venezuela. Introduction: The aim of the seminar is to introduce students to studies of the relationship between law and society, but with an international and comparative perspective. The readings use a broad range of methods and techniques, to explore how legal rules, processes and institutions are framed by, and influence, the social context. Paying attention to the social context opens the door to a richer understanding of the law, a better explanation of what makes it work (or not work) and how it changes over time. Traditionally the field called comparative law has concentrated heavily on differences between common law and civil law; and at principles and doctrines and formal rules. But in the real world we know that systems can behave every differently even if they share formal rules and institutions. Consider, for example, Canada and Jamaica, both common law countries; or Japan, Haiti and Spain --all civil law countries. In many ways, the world today is a global village. Lawyers, too, often work across borders. It is the theory of the course that we can learn a lot about law and legal institutions, if we look at experiences in different countries: plea bargaining in England; how victims of motorcycle accidents in Changmai, Thailand, deal with tort law; how the black market for used cars functioned in the former East Germany; the controversy over honor killings in Jordan; disputes over the sale of tunas in Tokyo's fish market; informal lending markets in Taiwan. The aim is a more general understanding of how legal systems work, how structure and culture interact; and the role of lawyers, judges, courts, and institutions in different societies. There are lessons to be learned about American society as well. Methodology and evaluation: The discussions in the classes will focus on a selection of readings from Law in Many Societies --a reader edited by Lawrence Friedman, Rogelio Pérez-Perdomo and Manuel Gómez (Stanford University Press, 2011). Other readings are contained in a package available to students in the class. Some of the readings are classics in the field. Others raise contemporary problems. The course is a traditional seminar, in the sense that everyone in the seminar will be encouraged to speak, and to contribute to general discussion. For each class, each student must write a short essay, reflecting on the readings (two or so pages at most or about 500 words). These should be sent to both professors (lmf@stanford.edu & rperez3@law.stanford.edu) and to fellow students, by email, not later than 24 hours before the class. These reflection papers allow participants to tell us what aspects of the readings they found significant, and what they found right or wrong about the readings. No footnotes or research are expected, and are, in fact, discouraged. The reflection papers are required; but they are not graded. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Automatic grading penalty waived for writers. Elements used in grading: The course grade will reflect class participation, and an extended take-home exam or a research paper at the end of the quarter.
Last offered: Autumn 2021
| Units: 2
LAW 5043:
Introduction to Islamic Law
Islamic law, along with English common law and Roman law, is one of the world's great legal systems. This course will introduce students to the following topics: the material sources of Islamic law; the history of its development from western Arabia into a global legal system; basic elements of Muslim jurisprudential theory; and, an introduction to Islamic family law as an exemplar of the development of Islamic law from revealed sources to modern statutory law. Course readings will consist of primary sources in translation along with relevant scholarly articles. Elements used in grading: Grades will be determined by a combination of in class participation and a final ten page paper. The class will meet on Thursdays from 4:15 to 7:15 p.m. on April 1, 8, and 15.
Last offered: Spring 2021
| Units: 1
LAW 5044:
Third World Approaches to International Law, Borders, and Migration
The mass movement of people across international borders is widely framed as among the most pressing challenges of the 21st Century. Globally, debates regarding immigration law and policy remain controversial political flashpoints. The purpose of this seminar is a critical examination of the international legal theory, doctrine, and practice of borders and migration, which are essential for making sense of national immigration regimes, and the contentious debates around them. An emerging body of critical scholarship is challenging the fundamental assumptions that underlie the law and political theory of borders and international migration, and that does so by foregrounding the ways in which colonial, neocolonial and other forms of empire have shaped contemporary borders. This seminar will introduce students to this emerging body of scholarship and to the applicable international law. We will consider borders as sites of racial, political, and other forms of injustice. We will also consider some of the legal arguments that have been made for decolonial, reparatory, abolitionist, and other approaches to reimagining borders. The seminar will introduce students to Third World Approaches to International Law--an approach to the study of international law that centers the mutually-constitutive relationship between European colonialism and foundational international legal doctrine. TWAIL examines international law as a (contested) historical and contemporary system of Third World subordination, and explores the possibilities of more just international legal futures. The seminar will also include Critical Race Theory analysis of borders and international migration. Public international law is not a prerequisite course for this seminar. However, students who have not taken public international law will be encouraged to do some additional assigned background reading in order fully engage with the seminar's central themes. The course will be evaluated based on attendance, class participation, reading responses and a presentation. A limited number of students will have the option of writing a long research paper in lieu of the reading responses requirement. After the term begins, a limited number of students enrolled in the course can transfer from section 01 (two units) into section 02 (three units), which meets the R requirement, with consent of the instructor.
Terms: Aut
| Units: 2-3
LAW 5045:
Global Trends in Judicial Reform: Colombia Field StudyÂ
This is the Colombia Field Study component of Global Trends in Judicial Reform Law 808W). For details, see course description for Law 808W. The past decade has been defined by democratic backsliding and the reemergence of authoritarianism around the globe. Freedom House marked 2021 as the 18th consecutive year of global democratic decline, exacerbated by the COVID-19 pandemic, increasing polarization, and rising inequality. In the face of such trends, what role can a healthy, independent judiciary play in halting the rise of anti-democratic leaders and preserving the rule of law? Students enrolled in this policy lab will have the opportunity to investigate answers to this question by conducting comparative research on 21st century judicial reform efforts. Which nations have pursued innovative new strategies to improve the functioning of their judiciaries? Topics for research will include advances in judicial independence, vetting, appointment mechanisms, balance of power structures, constitutional review, access to justice, and other factors affecting the rule of law. During spring break 2023, this course will be held in Bogota, Colombia and will consist of conversations with lawyers, judges, and NGOs who are active in judicial reform efforts. Students will also meet Justices of the Colombian Constitutional Court. Enrollment is limited to 14 students. PLEASE NOTE: Students will need a passport to travel to Colombia. Elements used in grading: class participation and writing assignments. See Law 808W for application instructions.
Last offered: Winter 2023
| Units: 1
LAW 5046:
Ukraine: Legal Reform and Governance in Wartime and Reconstruction
This course will consider Ukraine's Herculean political-economic and legal/regulatory challenges managing social and economic cohesion during wartime while simultaneously preparing for a healthy and durable post-war reconstruction. If you asked Ukrainians what is most important in this time of war, they may say that we need military assistance to win the war, we need to keep the economy afloat, and we need to make progress on EU accession in order to secure the future of the country. With those demands in mind --setting aside the military component, in the first week at Stanford we will start by considering Ukraine's unique history and political economy -- and how that political economy has changed during the war -- drawing in potential guest lecturers from Stanford and Ukraine. Too often reform proposals do not take into account the history and political economy of the countries in which those reforms are proposed. This course will endeavor to not repeat that mistake. The course will then focus on support for key policies, institutions (such as the judiciary and anti-corruption bodies) and infrastructure (such as electricity, gas, rail, and communications infrastructure) that will drive Ukraine into its post-war reconstruction. Finally, the course will consider the essential legal, regulatory and governance pathways Ukraine will need to follow -- from legal aspects of war damages for reconstruction, to anticorruption, to procurement and competition law, to judicial reform, to the EU accession process -- essential for a prosperous and safe post-war Ukraine in the heart of Europe. This part of the course will be supplemented with guest lecturers with direct experience in these areas, including, for example, Ukrainian government officials, private sector and civil society actors. The first week of this course will be at Stanford and the second week will be in Warsaw. Elements used in grading: TBA.
Terms: Aut
| Units: 2
LAW 5047:
The Inter-American Human Rights System: Doctrine, Practice and Advocacy
The Inter-American Human Rights System (IAHRS) has played a crucial role in opening up spaces for civil society to demand human rights protections in the region, increasing protections at the domestic level, and supporting civil society in its quest for accountability for massive human rights violations. The system has also played a role in civil society efforts to bring the human rights debate home, including in the United States. This course will provide an in-depth introduction to the history, doctrine, and practice of the IASHR, and will examine the obstacles and opportunities that civil society, victims, and advocates encounter when engaging the IAHRS. Elements used in grading: Attendance and class participation: 20%. Three (3) reflection papers: 30%. Final paper: 50%. SLS students may enroll in LAW 5047 (limited to five) when Axess opens for Spring Quarter enrollment. Additional law students may enroll with the instructor's permission. Cross-listed with Latin American Studies (LATINAM 252). Meets outside the Law School.
Terms: Spr
| Units: 3
LAW 5101:
Afghanistan Legal Education Project (ALEP) Seminar
The Afghanistan Legal Education Project (ALEP) Seminar is only open to student preselected in spring 2019. The ALEP Seminar will begin with an intensive bootcamp taught by ALEP leadership and members of the law faculty at American University of Afghanistan (AUAF). We will explore the Afghan sociopolitical and legal context, rule of law efforts and challenges in Afghanistan, and the role of legal education in legal development. Participants will learn from Afghan law professors about Shari'a law, customary law, Afghan civil law, and the challenges presented by Afghanistan's pluralistic legal system in preparation to work on legal curriculum to be taught at AUAF. The bootcamp, held in Asia, will be highly participatory and requires full attendance. During the remainder of the quarter, participants will receive training in curriculum creation and organizational development in preparation for authoring an Afghan legal textbook and assuming ALEP programmatic responsibilities. Consent Process: Only students selected in spring 2019 have consent to take the ALEP Seminar. Their names will be given to the Registrar, who will automatically enroll them in the course in fall 2019. Elements used in grading: Grading is based on mandatory attendance of the bootcamp, participation, assignments, and authoring a new chapter and/or revision of an existing textbook chapter. Note: Regular deadline for submission of R-Paper to be waived for ALEP Seminar.
Last offered: Autumn 2020
| Units: 3
LAW 5102:
Advanced Afghanistan Legal Education Seminar
Students who participate in the Afghanistan Legal Education Seminar in the fall quarter will continue their work in the Advanced Seminar in the winter or spring quarter. Only students selected for the Afghanistan Legal Education Project (ALEP) in spring 2020 may participate. Students will author textbook chapters, assume programmatic responsibilities, and meet regularly as a team and individually with the ALEP faculty. Note: Regular deadline for submission of R-Paper to be waived for Advanced ALEP Seminar. Elements used in grading: Attendance, Written Assignments, Final Paper.
Last offered: Spring 2021
| Units: 3
LAW 5103:
State-Building and the Rule of Law Seminar
Why are some states able to achieve its leaders¿ goals whereas others are unable to do so? Why are certain states committed to the rule of law? How does state capacity and the rule of law relate to development? The State-Building and Rule of Law Seminar is centrally concerned with bridging theory and practice, and understanding the relationship of law to political, social, and economic change. The seminar introduces the key theories relevant to state-building generally and strengthening the rule of law in particular. This course expounds on the multidisciplinary nature of development--through readings, lectures, case studies, and seminar discussions--and asks how lawyers fit in and contribute to the process. Case studies will be used as a way to analyze international development and rule-of-law practice. The set of countries considered within the scope of this workshop is broad. It includes, among others, economically advanced states like Japan and South Korea, fast-rising economies like India, China, Rwanda, and Bangladesh, and economically-lagging states like Pakistan, Haiti, and Timor-Leste. Grading is based on participation and a research paper or proposal. The automatic grading penalty will be waived for research papers. The research paper may be a group project (Section 01) graded MP/R/F or an individual in-depth research paper or proposal, either of which could be the basis for future field research (Section 02) graded H/P/R/F. Students approved for Section 01 or Section 02 may receive EL credit or R credit. Automatic grading penalty waived for submission of the final work products. Stanford non-law students may apply for this course by submitting a non-law student course add request form available at https://law.stanford.edu/education/courses/non-law-students/ to Dinsha Mistree (dmistree@stanford.edu). Cross-listed with International Policy (INTLPOL 352).
Terms: Spr
| Units: 3
LAW 5104:
Advanced State-Building and Rule of Law Seminar
Students who participate in the State-Building and Rule of Law Seminar in the fall quarter may seek consent to continue their work in the Advanced Seminar in winter or spring quarter. Six students per quarter will be allowed to participate. Students will work on individual applied or scholarly research projects developed in collaboration with the professor, and meet regularly as a group to discuss shared research challenges and issues. There may be funds available for fieldwork necessary to complete applied research projects. Determinations will be made by the professor and Rule of Law Program. Students may write a paper for Research credit with instructor consent. 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. Automatic grading penalty waived for submission of the final work products. Elements used in grading: Attendance, Written Assignments, Final Paper.
Last offered: Spring 2021
| Units: 3
LAW 5105:
Fundamentals of International Criminal Law and Justice
Learn the history and development of international criminal law from World War I through World War II to the Cold War. Study the substantive contents of the discipline: specifically genocide, crimes against humanity, war crimes and the crime of aggression. Explore key jurisprudence of the International Criminal Court (ICC) and of the earlier United Nations' ad hoc international criminal tribunals for Rwanda and for the former Yugoslavia, as well as of the UN-backed special court for Sierra Leone. Review the political challenges that the ICC has faced in the bid to carry out its mandate. At the end of the course, students should be equipped with sufficient familiarity with international criminal law and justice, such as would enable them to work as interns or staff of relevant institutions and organisations, and to conduct deeper research and studies in the area as needed. Elements used in grading: Attendance and paper. This class will meet from 6:30pm to 8:30pm, Tuesday, Thursday (January 18, 20) and Monday, Tuesday, Thursday (January 24, 25, 27).
Last offered: Winter 2022
| Units: 1
LAW 5106:
International Peace Negotiations
This intensive course taught by senior peace mediator Ameya Kilara will give students a unique window into the world of high-stakes international peace negotiations. It will help students look beyond the headlines on conflicts like Ukraine,Afghanistan and Kashmir and analyze them from a negotiation perspective. The course aims to provide students with a map of the terrain of international conflict resolution, build drafting and negotiation skills, and allow them to experience practice problem solving amidst the real-world challenges of this field. Week 1 of the course will equip students with core negotiation skills, frameworks, and tools used by negotiators and mediators, and challenge students to engage with the messy interplay between law and politics in complex conflict situations.In addition to developing students' technical skills and knowledge of peace processes, the course will encourage reflection on how identity plays out in peace processes. In particular, it will critically examine the subjective positions of those intervening in conflict situations from the perspective of race, gender and Global North/South dynamics, with a view to cultivating interventions that center the voices and needs of those directly impacted by conflicts. Week 2 of the course will be a deep dive into the Kashmir conflict, one of the world's oldest and most difficult negotiations involving three nuclear states: India, Pakistan and China. This will be an opportunity for students to apply concepts introduced in the first week, put themselves in the shoes of conflict parties and mediators, and practice problem- solving in the midst of uncertainty and complexity. Through a series of in-class exercises, students will draft and present a range of materials relevant to peace negotiations, including stakeholder maps, advisory briefs, policy memos and note verbales. As students engage in this problem-solving process, they will have the rare opportunity of engaging with and seeking guidance from guest lecturers who are leading experts, including top negotiators, former spy chiefs, and grassroots peace activists. Teaching methodology: This course will be highly participatory and designed to provide space for individual, peer to peer, and collective learning. The course will require students to proactively engage in the classroom as well as develop working relationships with each other through assignments and group exercises outside of the classroom. Students will be assigned to small cohorts that will work together throughout the course, which will be a chance for them to develop relationships with their peers. The course will be structured around a combination of lectures, discussions, case studies, group work, and simulations. Students will be expected to keep a close eye on news related to the themes of the class for the duration of the course and each class will begin with asking students to connect a current issue/topic with concepts from the course. During the course, students will practice drafting and presenting conflict analysis and stakeholder maps, note verbales, policy memos and advisory briefs: under time pressure and with imperfect information that will simulate to some degree the practical challenges of peace negotiations. Who is this course for? This course is an introductory course on international conflict resolution and does not require any prior experience or qualifications. Anyone with an interest in peace and conflict would be welcome to participate. The course is particularly relevant to students preparing for careers in foreign policy, international development, conflict resolution, mediation,human rights and transitional justice. The course would also be useful to lawyers who want to hone their negotiation skills and ability to work in complex international environments. Elements used in grading: Attendance and class participation, written assignments and presentations. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. S-Term early start for Autumn Quarter. Class meets 1:30PM to 4:30PM on September 11, 12, 14, 18, 19, 21. Guest lectures on September 15 (9:00AM-11:00AM), September 19 (9:00AM-10:30AM), & September 20 (8:30AM-9:45AM).
Terms: Aut
| Units: 2
LAW 5201:
Foreign Legal Study: Bucerius Law School
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5204:
Foreign Legal Study: Hebrew University of Jerusalem
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5207:
Foreign Legal Study: Institut d'Etudes Politiques de Paris
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5210:
Foreign Legal Study: National University of Singapore
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5213:
Foreign Legal Study: Peking University Law School
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5216:
Foreign Legal Study: Waseda University
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5219:
Foreign Legal Study: University of Vienna
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5222:
Foreign Legal Study: Esade Law School
This course is for J.D. students who have been approved by the Law School to study at one of the following schools: Bucerius Law School (BLS) -- Hamburg, Germany, Hebrew University of Jerusalem (HU) -- Jerusalem, Israel, Institut d'Études Politiques de Paris (Sciences Po) -- Paris, France, National University of Singapore (NUS) -- Singapore, Peking University Law School (PKU) -- Beijing, China, University of Vienna -- Vienna, Austria, and Waseda University Law School (WLS) -- Tokyo, Japan -- Esade Law School -- Barcelona, Spain. See Foreign Legal Study Program at https://law.stanford.edu/education/only-at-sls/global-initiative/foreign-legal-studies-program/ for study abroad opportunities each academic year and for application deadlines. Elements used in grading: Satisfactory evaluation of course work at the exchange institution.
Terms: Aut
| Units: 9-14
LAW 5801:
Legal Studies Workshop
The Legal Studies Workshop is designed to support students working on a piece of legal scholarship with an eye to publication. The workshop will meet four times a quarter, and will be offered in most quarters. Students may sign up for as many quarters they wish, and will receive one credit for each quarter they are enrolled. The bulk of time each session will be devoted to presentations of one or two student works-in-progress. Every student is expected to present her/his own work at least once over the quarters she/he is enrolled in the Workshop, and to provide constructive oral feedback on others' work. We will set aside some time during the quarter for informal discussion of research ideas that are in a very early stage. We welcome students who are just starting to explore their interest in an academic career; if you have any questions about whether the course is suitable for you, please contact Prof. Bernadette Meyler (bmeyler@law.stanford.edu) and Prof. David Sklansky (sklansky@stanford.edu). Attendance is mandatory, absent extenuating circumstances. There are no written requirements for the course, and no requirement that the work presented be original to the Workshop. Students may wish to use the Workshop as an opportunity to expand on seminar papers or pursue independent research projects for which they are getting separate credit through one of the research tracks (e.g., directed research, dissertation). Whether students are working on a new project or revising an old, the expectation is that students will develop their topics independently of the course. Students who would like to participate in the Workshop but feel they need help in developing a workable research topic should consult faculty members ahead of time. Elements used in grading: 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: Aut, Win, Spr
| Units: 1
| Repeatable
6 times
(up to 6 units total)
LAW 5802:
Modern American Legal Thought
The course surveys the most significant theories of law and adjudication in this country from the 1880s to the present. We will consider, among other topics, Formalist (Langdellian) Legal Science, Sociological Jurisprudence, American Legal Realism, the Legal Process School, Law and Moral Philosophy, Public Choice Theory, Law and Economics, Feminist Jurisprudence, Critical Race Theory, the Law and Society movement, and Empirical Legal Studies. The readings are drawn principally from primary materials---the important contemporary manifestos and critiques of the schools of thought studied, along with writings that involve their application to concrete legal problems or reveal their influence on others. Enrollment allowing, students may be asked to help co-teach some of the sessions. Contact Prof. Fried (bfried@stanford.edu) if you would like to look at a syllabus from prior years before deciding whether to enroll. Special Instructions: If any student would like to write a research paper in lieu of the reflection papers, he or she should consult the instructor before the start of the course. After the term begins, students accepted into the course can transfer from section (01) (Reflection papers option) into section (02) (Final paper option) with consent of the instructor. Section (02) meets the R requirement. Note: Students enrolled in Section 01 will complete reflection papers (2-3 pages) for 9 of the 18 classes and students enrolled in Section 02 will complete a research paper (25-30 pages) on topic of student's choice related to the material of the course. Students are required to meet regularly with Prof. Fried throughout the Quarter to discuss progress on the paper. Elements used in grading: Class Participation plus reflection papers or final paper.
Terms: Win
| Units: 3
LAW 5805:
Animal Law
This course presents a survey of the historical and current status of this rapidly developing specialty. In brief, animal law encompasses all areas of the law in which the nature -- legal, social or biological -- of nonhuman animals is an important factor. It is an objective and logical specialization of a challenging area -- one with a growing number of cases and laws, increasing public and practical interest, and significantly different historical, legal and philosophical foundations than most other courses. Topics covered include animal cruelty, animals as property, tort claims regarding animals, legal issues involving farm animals and animals in entertainment, and federal statutes regarding certain groups of animals. The Animal Law course has been described as intellectually stimulating and ethically challenging, and synthesizes a wide range of legal concepts, and the course materials apply traditional ideas to legal concepts associated with animals in new ways. Students have called it a great bar review class, because concepts from many areas of law are covered with respect to their application to animals and their interests. More and more firms, large and small, are providing pro bono (and paying) work in the animal law area, as the field gains momentum and reputability in the legal community. Mr. Wagman is a lawyer in San Francisco, with a full-time animal law practice, representing organizations and individuals in a wide range of cases. He is one of the authors of the Animal Law casebook, two other animal legal texts, and has been practicing animal law for most of his 30-year career. His practice includes litigation, consultation, legislative work, and extensive writing and lecturing on various animal law topics. The class includes regular updates on his current cases, which for this semester includes a case that will be argued in the U.S. Supreme Court in the October 2022 term. He also regularly provides real-life experiences from the front lines of the field. Special Instructions: Students have the option to write an independent research paper in lieu of the final exam with consent of instructor. 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: Final exam or 18 page independent research paper.
Last offered: Autumn 2022
| Units: 2
| Repeatable
2 times
(up to 3 units total)
LAW 5806:
Jurisprudence
This course examines the diverse ways in which the philosophy of law bears on the practice of law. Our subject is thus a set of philosophical concepts, particularly legal positivism and natural law, but the approach is not purely conceptual. Rather, we will examine both the philosophical concepts in the abstract and how those philosophical concepts are reflected or actualized in the craft of legal argumentation, in the intellectual history of law, and in contemporary questions of politics and government. Above all, we will ask which conception of law best contributes to legal justice. The course consists in three units. Unit I is about theories of the nature of law, focusing on legal positivism and natural law. Unit II is about theories of particular departments of law, focusing on tort law and criminal law. Unit III takes a philosophical perspective on being a lawyer, focusing on questions of what principles define lawyers' role in society and what ideals give the life of a lawyer meaning. Grading is based on class participation, two in-class moot court presentations, and, based on individual student preference, either a final exam (a one-day take-home essay with a word limit) or a final research paper. 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. Cross-listed with Philosophy (PHIL 375J).
Last offered: Spring 2018
| Units: 3
LAW 5807:
Feminism and the Law: Selected Topics (Reading Group)
The Reading Group will meet five times during the quarter: April 24, May 1, May 8, May 15, and May 22. We will start by considering the major schools of feminist legal theory, and then look more closely at selected topics of current interest. Topics will likely include women in the legal profession; regulating sexual misconduct; and intersectionalities of gender, race, class and religion. Students are expected to do the assigned readings and come prepared to discuss them. In addition, each student will help co-lead one of the five sessions. There are no written requirements. All students are welcome to apply. There are no prerequisites. 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. Class will meet at Prof. Fried's house (on campus).
Last offered: Spring 2019
| Units: 1
LAW 5808:
The Law of Bystanders and Upstanders (Reading Group)
What duties do or should bystanders have to intervene in crimes (e.g., sexual assault) and crises (e.g., drowning)? What rewards and immunities should upstanders receive? What Good Samaritan laws (which eliminate liability for interveners) and Bad Samaritan laws (which penalize non-intervention) exist, how could they be improved, and how do they vary per type of crime, crisis, or jurisdiction? This reading group will explore the law of bystanders and upstanders and how such carrots and sticks could be strengthened, standardized, and spread. Class meeting dates: The reading group meets five Wednesdays on April 10, April 24, May 8, May 15 and May 22. Dinner will be provided and will meet in the clubhouse of the Pearce Mitchell Place complex (near the Law School). Elements use in grading: Attendance, Class Participation.
Last offered: Spring 2019
| Units: 1
LAW 5809:
Is there an American Legal Canon?
Is there a "canon" of American legal scholarship? And if so, how does it shape our understanding of, or the way we talk about, the law today? In many other academic disciplines, a central element of any course of advanced study is an encounter with a "canon" of some sort. This is a core set of texts that are perceived as foundational, and that are commonly used as reference points for scholarly advances. In other disciplines, the canon can be an object of emulation or criticism. Indeed, the very idea of a "canon" of legal scholarly is often subject to contestation, e.g., given the barriers women and minority scholars have faced. Drawing on the model of those foundational courses in other disciplines, this seminar aims to provide students with a working knowledge of a set of scholarly writings that can plausibly be characterized as an American "canon." At the same time, the seminar aims to elicit from students a critical engagement with this putative "canon." Particular attention is paid to the manner in which the canon either includes or marginalizes certain voices. Hence, one part of the seminar involves reading material that might be part of an expanded, more diversely populated canon. The seminar is designed for two kinds of student. First, it is a useful course of study for students either interested in academia or those thinking about whether academia might be the right path for them (and indeed, the seminar is modeled on a course at Chicago designed for prospective academics, or those considering that path). Second, the course is a chance to take a deeper dive into ideas that lurk behind many first-course private-law and public-law courses. During the seminar, students will read and discuss a range of texts, many drawn from Fisher and Kennedy's The Canon of American Legal Thought. Students will be asked to write response papers and to lead discussion on certain readings. The precise set-up of the course will depend, however, on enrollment. Finally, students will also have the option of doing a longer paper for additional credit (section 02). After the term begins, students accepted into the course can transfer from section 01 (2 units) into section 02 (3 units) with consent of the instructor. Elements used in grading: class participation, short papers, and optional final research paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers.
Last offered: Autumn 2019
| Units: 2-3
LAW 5810:
Behind the Doctrinal Curtain: Law School's Concepts and Themes
When you have finished law school, you will (hopefully) have mastered a good deal of legal doctrine (many of you will review and/or sharpen your mastery of particular rules when you study for the Bar) and mastered a number of skills you will need to fulfill professional roles. (Hopefully, you will learn particular advocacy skills if you will be an advocate; writing skills that will help you whether you draft contracts or legislation, briefs or executive summaries, client letters; and, particularly in the Experiential Learning courses, skills that will help you exercise prudent judgment, collaborate with others, work both efficaciously and empathetically in a diverse world.). The claim that underlies this course is that your "classroom" courses here at SLS -- and at pretty much any of the academically ambitious schools that most of you considered attending -- had both a text (the doctrines and policies in the particular subject area that you were studying) and a "sub-text" (the concepts and themes that recurred across a wide range, maybe all, of your courses.) The goal of this course is to highlight these recurring themes (and remind you or illuminate for you just how often you confronted or will confront these issues), to discuss more overtly and directly the distinct approaches to each of these recurring issues than you might have discussed them before, and to expose you to some ways of approaching these issues that might be less familiar to you. In discussing these issues, we will draw on the insights offered by a wide array of "schools" of legal thought, including, but not limited to, libertarianism, Law and Economics, Legal Realism, Critical Legal Studies, Critical Race Theory, a variety of Feminist Legal Theories (anti-subordination feminism, "cultural" feminism), Langdellian Formalism and neo-Formalism, Law and Society. So, for instance, we will discuss some or all of the following issues: 1. Ways in which legal pronouncements are framed (the tension between the use of rules and standards; between default and mandatory rules); 2. Remedial options and remedial mechanisms (the choice between inalienable entitlements, injunctions, damages, restitution, and distinct forms of punishment; between sliding remedial scales and binary outcome-determinative rules; conduct regulation and output/outcome goals; public enforcement v. mixed public/private enforcement v. private enforcement with differing degrees of collectivization of individual complaints); 3. Issues in the interpretation of both private and public legal texts (textualism, intent-based originalism, flexible purposivism) and distinct theories of why or in what ways texts may be either incomplete or "dated," with some special attention to how to interpret texts that appear to delegate authority (to another decision maker, to a future decision maker) to make narrow, concrete decisions; 4. The interplay between substance and procedure (and its relationship to creating a gap between the law on the books and the law in action; the degree to which substantive rules are framed in the way that they are because rule makers are anticipating procedural barriers to enforcing alternative rules); 5. Institutional competence issues; 6. Alternative visions of human behavior and motivation (individualistic rational choice models with "thin," generally materialistic goals v. thicker rational choice models v. individualistic models influenced by psychologists, advancing richer views of how people process information and form tastes and/or sociological models, focused more on group influence, group maintenance and group conflict); 7. Some recurring substantive issues (how we define operative assent and how we define normatively meaningful consent; how we deal with problems of incommensurable values or deny the possibility of incommensurability; when we do or don't believe people are adequately empowered by "exit" -- finding another provider in a market or subjecting ourselves to a different political body that will make the rules that govern us -- and when we believe power must be exercised politically/collectively; when we believe principal/agent problems are serious and how we think they are "solved"; battles between anti-classification and anti-subordination views of antidiscrimination norms) and 8. The origins of law and the impact of law (is law significantly autonomous or responsive to other social forces (where "social forces" might or might not be understood in significant part in terms of distinctions in power by race, class, gender, LGBTQ status etc.) and to the ideological predispositions of those who articulate it? Is law -- and most particularly the judge-made law we (over?) emphasize in law school -- effectual in achieving social change?) Special Instructions: This class is limited to 30 students. 3Ls/Advanced Degree students will receive first preference, followed by 2Ls and then 1Ls. Elements used in grading: Grades will be based on reaction papers and class participation; there may be formal class presentations as well (depending on class size) that would also figure into grading.
Last offered: Winter 2021
| Units: 3
LAW 5811:
Philosophy of Law: Protest, Punishment, and Racial Justice
Philosophy of Law: Protest, Punishment, and Racial Justice (LAW 5811): In this course, we will examine some of the central questions in philosophy of law, including: What is law? What gives law its authority? Must we obey the law? If so, when and why? How should we understand and respond to unjust laws? When is civil disobedience morally permissible? Is civil disobedience ever morally required? What is punishment for? What are prisons for? What does the state owe us? There will be a 50-minute mandatory TA session (Date and Time TBA). Law students have the option to write an independent research paper for R credit with instructor consent. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used in grading: discussion questions, final paper abstract and outline, final paper presentation, final paper, attendance. Note: Previous coursework in philosophy is a requirement for the course. This class is limited to 25 students. Up to five SLS students may enroll directly in Axess. For additional enrollment, please contact the instructor. Cross-listed with Comparative Studies in Race and Ethnicity (CSRE 175W), Ethics in Society (ETHICSOC 175W), and Philosophy (PHIL 175W/PHIL 275W).
Terms: Win
| Units: 3
LAW 5812:
Feminist Legal Theory Workshop
Workshop will provide students with a structured opportunity to write a research paper on any aspect of feminist legal theory/feminism and the law (broadly defined) that interests them. Students are expected to formulate a research topic by week 4. Paper should be as long as needed to communicate central ideas and no longer. In general, students should aim for 25 - 30 pages in length. We will meet by Zoom as a class four times during the quarter. Students will present possible research topics in classes #1 and #2 for feedback, and update their progress in class #3. Depending on student interest, we will also discuss major themes in feminist legal theory, and current legal topics that relate to feminist concerns. Instructor is available for consultation throughout the quarter, and will review outlines or drafts if students wish. No prerequisites. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Class meets Thursday, 2:00PM to 4:00PM on April 2, April 16, April 30, and May 14. CONSENT: Interested students may apply to enroll in the seminar by sending a statement of interest to Barbara Fried at bfried@stanford.edu.
Last offered: Spring 2020
| Units: 2
LAW 5813:
Representation
In this course, we will work together to develop a detailed and comprehensive understanding of the concept(s) of political representation. We will do so by examining a number of historical and contemporary theories of political representation developed within philosophy and cognate fields. Elements used in grading: a workshop paper, weekly workshop responses to fellow classmates' workshop papers, a class presentation, a workshop recap, a final paper abstract, and a final paper. Cross-listed with Comparative Studies in Race & Ethnicity (CSRE 371) and Philosophy (PHIL 371W).
Last offered: Winter 2021
| Units: 3
LAW 5814:
Ideological Orthodoxy and Heterodoxy
Most significant substantive legal disputes you all confront in law school are "resolved" at least as much by reference to ideological predispositions as any sort of logic internal to legal analysis. We will begin the seminar by discussing distinct views about what ideological messages are conveyed at law school. But the bulk of the course is devoted to a series of questions that arise for those of us who believe that ideology is important. We first study what I would characterize as Right-wing orthodoxy in the law schools, an orthodoxy that took shape in the early days of the Federalist Society. Its key procedural features were allegiance to originalism and textualism, its key substantive features full-throated or "soft" economic libertarianism and hostility to legal rules that attended to status and identity. We then look at Right-wing heterodoxy: resistance to these conventional positions from commentators who reject in significant part these tenets, typically in favor of a more activist, significantly theocratic state or the ethno-nationalism associated with the MAGA movement. We then study 21st century progressive orthodoxy (with its strong focus on countering identity-based subordination) and progressive heterodoxy We will be looking especially carefully at some or all of the following controversies: the centrality of diversity, implicit bias, disability accommodation, accommodation to religious objectors to antidiscrimination law, campus speech and "climate" issues, and gender-based violence (including harassment.). Students will be expected to prepare three 5-7 page reaction papers over the course of the term, one of which must be handed in before class. The three papers will count 80% and participation and attendance 20%.
Terms: Spr
| Units: 2
LAW 6001:
Legal Ethics
This course will offer a broad overview of the ethical issues attorneys face throughout their legal careers. We will explore not just the rules that govern the practice of law, but the real-world scenarios that arise in modern law practice. Our objective is to prepare students for the thorny (and at times career-jeopardizing) situations they will invariably encounter upon entering the profession--whether in law firms, government, or public interest organizations. Students will review the ABA's Model Rules of Professional Conduct as well as ethics opinions, court cases, and media reports on a wide range of ethical issues. The course will also examine matters of professionalism and equity in the interests of shaping a more collegial, mutually respectful bar. Students are expected to participate in lively dialogue, and grades will be based on a final exam as well as classroom participation.
Terms: Aut
| Units: 3
LAW 6001:
Legal Ethics
A survey of the major legal and ethical issues presented in the practice of law. We will examine the concept of the lawyer endorsed by the rules of professional responsibility, the principal-agent relationship, and common law doctrines governing law practice in both civil and criminal settings. We will also assess the tensions between this concept of the lawyer and the personal, political, and economic constraints of law practice. To this end, emphasis will be given not only to the law of lawyering but to the history and sociology of the American legal profession, theories of role morality and professional identity, the sources of cognitive bias that affect perception and judgment, and techniques for navigating ethical dilemmas. Elements used in grading: Attendance, class participation, in-class exercises, short papers and final exam.
Last offered: Autumn 2021
| Units: 3
LAW 6003:
The American Legal Profession
This course will deal with selected aspects of the history, organization, economics, ethics, and possible futures of the legal profession in the United States. Likely topics will include, in addition to the ABA's Model Rules of Professional Conduct: demographic changes in the profession, the evolution of law firms, bar associations, and law schools from the early twentieth century to the present; the development of corporate law, personal injury, mass torts, prosecutorial and criminal defense practices, and the "public-interest" bar; the dominant professional ethic of adversary-advocacy, and its critics; the regulation of lawyers; the economics of the market for legal services; the organization and culture of law firm practice; the role of the role of the lawyer as counselor; and the export of American lawyering models abroad. 8-hour self-scheduled take-home examination, with option of writing a research paper. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. 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: Class participation, attendance, final paper or final exam.
Terms: Spr
| Units: 3
LAW 6004:
Legal Ethics: The Plaintiffs' Lawyer
This course uses a study of plaintiffs' lawyers as a vehicle to explore many of the most controversial and important issues at the intersection of tort law, civil procedure, and legal ethics. Specifically, in this course, we will study who personal injury lawyers are, how they find clients, how they fund litigation, and how they usher complex cases to conclusion. In so doing, we will address: the role and regulation of lawyers; the use and abuse of the contingency fee; the legality and normative consequences of solicitation and attorney advertising; the propriety of secret settlements, NDAs, and expansive protective orders; the rise and impact of "alternative litigation finance"; and the vexing issues posed by class actions, aggregate actions, consolidated actions, and multidistrict litigations (MDLs). The final segment of the course will involve a series of case studies, where students will test their knowledge of the Model Rules of Professional Conduct and have the opportunity to see the course's themes echoed and expressed in recent real-world controversies. Importantly, though the course is nominally focused on "the plaintiffs' lawyer," it does not just equip students to practice on one side of the "v." Rather, through our grounded and contextualized study of legal ethics, advanced civil procedure, the legal profession, and contemporary legal practice, students will acquire tools to litigate cases of all stripes and for both sides. Elements used in grading: Class participation, attendance, and reflection papers.
Terms: Win
| Units: 3
LAW 6005:
Technological, Economic and Business Forces Transforming the Private Practice of Law
The private practice of law has and will continue to undergo fundamental change. Technological, economic and business forces are placing extreme pressure on not only the traditional "Big Law" firm model but also role of in-house counsel. These forces will transform, eliminate or replace virtually every aspect of the current practices of firms and in-house legal departments. Foundations of the law firm model such as bespoke client services, "billable" hours, large staffs (e.g., paralegals and secretaries), high associate-to-partner ratios and summer associate programs are becoming (or have already become) relics of a bygone era. Sophisticated clients today are utilizing a wide range of internal and external service providers and technologies such as artificial intelligence for their legal work. This diversity in the delivery of legal services is dramatically altering the supply and demand characteristics of the legal economy and markets. The breadth of available technologies and options is altering the types of skills and prerequisites required for attorneys to be successful private practice. The course is composed of two parts. In part one, the course focuses on the technological, economic and business practices transforming the legal profession are identified and their impact on the traditional approaches to law will be examined. In part two, the course focuses on how individual lawyers can adapt to or embrace the forces transforming law to improve their practice and succeed in the new environment. Part two of the course will also examine how the changing legal environment creates new ethical and professional challenges for attorneys. Elements used in grading: Attendance, class participation and a research paper for the written assignment.
Last offered: Spring 2021
| Units: 2
LAW 6006:
Introduction to Legal Design
(Formerly Law 761) Intro to Legal Design is a 9-week course for law students & other graduate students to reimagine how legal services are delivered, & to learn how to use human-centered design methods to create breakthrough solutions to complex problems. The students will work with project partners - including legal aid groups, courts, and private law firms -- on legal service challenges to help the partners solve real problems they & their users face. For each challenge, students will work on interdisciplinary teams, with close coaching from designers, engineers & lawyers. Students will learn design methods to create new innovations that make legal services more accessible & engaging. Elements used in grading: Class Participation, Attendance, Written Assignments.
Last offered: Spring 2018
| Units: 3
LAW 6007:
Legal Profession Workshop: The Future of Big Law
Ever since the global financial crisis, legal media have focused on the contraction of the corporate legal services sector. But today, partners at the top tier of big corporate law firms -- "big law" -- are earning huge profits and job prospects for graduates of top law schools interested in the corporate sector are bright. Although some commentators continue to predict that demand for corporate legal services will contract in the mid- to long-term, it seems more likely that demand for high-end legal analysis will persist if not increase in the foreseeable future. The question is who (or what) is going to perform that work, in what organizational setting, with what technological assistance, and in what part of the world. This seminar will address the key dimensions of change in the "big law" market and how changes in the delivery of corporate legal services may affect legal careers, gender equality, diversity, and work-life balance. Topics include the increased power of Fortune 100 General Counsel, new organizational models for delivering corporate legal services, the response of large law firms to new market factors, the expanding role of information technology in the delivery of corporate legal services, third-party litigation financing, changing legal markets outside the US, the evolution of global law firms, the effects of changes in law firm organization on women and lawyers of color, and the effects of changes in the legal market on legal careers. Course materials will include books and journal articles, media reports, blog posts and guest lectures. Special Instructions: You may write a series of short reaction papers on 4 of the topics we will cover at the seminar sessions. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a topic of your choice related to the evolution and future of Big Law. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit (section 02), depending on the project. After the term begins, students registered in 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, Four commentaries or one research paper.
Last offered: Spring 2020
| Units: 2-3
LAW 6015:
Innovations in the Delivery of Legal Services
This is an era of groundbreaking change in the legal profession. Twenty years ago, email was unheard of at most law firms. Today, artificial intelligence, machine learning, and online services are creating a fundamental shift in how law is practiced. Beyond technology, massive challenges to the code of professional responsibility, from multi-disciplinary practices to law firms filing for IPOs, are reshaping the legal landscape. This course focuses on the opportunities and challenges these disruptions create for the new lawyer. Students will gain hands-on experience with some of the most innovative organizations in the legal community. Significant time will also be spent analyzing changes anticipated to impact the legal industry in the next decade. Elements used in grading: Attendance, Class Participation, Final Paper.
Last offered: Autumn 2016
| Units: 2
LAW 6016:
Reforming the Profession: Opportunities and Challenges Facing Tomorrow's Lawyers
Today's law students are tomorrow's lawyers, and tomorrow's lawyers face a set of fundamental challenges that are likely to reshape the profession in the years ahead. Clients are increasingly dissatisfied with large law firms, and many other people in need of services--like individuals of modest means and small businesses--are unable to access legal assistance altogether. At the same time, government and public interest lawyers continue to be asked to do more with less. These challenges existed in 2019, but the last few years have sharpened them. In particular, the Covid-19 crisis has forced a change in the way lawyers work, with greater use of technology, and the resurgence of the #BlackLivesMatter movement following the death of George Floyd highlights the lack of diversity in the profession. These developments add to existing pressures facing lawyers. Leaders in law are just beginning to grapple with these challenges, and they're looking for help from the next generation. This course is designed for students who want to start their legal careers with a leg up on what success as a lawyer will look like in 5-10 years and beyond, and students who want to make positive change in the profession. The specific topics covered will include: challenges to the law-firm model; the growth of in-house counsel; professional development and well-being as a lawyer; how technology is changing the practice of law; new models for delivering legal services; and the challenges of diversity and inclusion in the profession. The course is a mix of full-class discussion with the instructors and guest speakers from practice, small-group discussion of case studies, and work on projects. A significant part of most classes will involve case studies where students will put themselves in the role of lawyers, and talk through options for dealing with the issues presented. The instructors and guest speakers will introduce context about the challenges, and then engage students in thinking about possible paths forward. Elements used in grading: The requirements will include attendance and participation, and either a final memo and presentation (section 01) or a research paper (section 02). Memo writers will have to write a few short responses to the case studies as well. There is no exam. A maximum of 10 students will be permitted to write the research paper for R credit. All students interested in R credit should pre-register by lottery for Law 6016-0-02. Students who do not receive a spot in section 02 may enroll in section 01.
Last offered: Winter 2022
| Units: 3
LAW 6017:
Access to Justice
The American civil justice system sits at a crossroads. In three-quarters of the 20 million civil cases filed in state courts each year, at least one side lacks a lawyer. Beneath those cases sit tens of millions more legal problems that never make it to court. Many are significant, even life-altering moments: debt disputes, evictions, domestic violence, a former partner behind on child support, an employer refusing to pay overtime, or an insurer who denies a legitimate claim. Yet most people face these problems without legal assistance, or they "lump it" rather than navigate a complex system alone. Such large, systemic gaps in access to legal services limit who can vindicate their rights, magnifying disparities based on income, education, race, gender, and ethnicity. They are unfair and undemocratic. The future of the civil justice system, and the legitimacy of the courts at its center, will turn on how --- and how well --- judges, court administrators, the legal profession, and an array of policymakers respond to these realities. This course offers a wide survey of the current state of access to justice in the United States. Students will consider the long-run causes and consequences of the justice gap and the major features, constituencies, and stakeholders of the state court systems that are struggling to close that gap. Students will also tour and assess potential solutions --- from procedural simplification, to revived Due Process, to new technologies (e.g., online dispute resolution), to efforts to prime the supply of legal help by expanding non-lawyer practice of both the human and software sort. Students will emerge with a synoptic understanding of one of the most pressing challenges to the legitimacy of the American legal system, along with new ideas about how to chart a career devoted to access to justice. Student assessment is based on class participation, response papers, and a final project or paper. Students writing a final paper may receive 2 or 3 credits depending on paper length. 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.
Last offered: Spring 2023
| Units: 2-3
LAW 6018:
Access to Justice: Law, Policy, and Legal Ethics
The American civil justice system sits at a crossroads. In three-quarters of the 20 million civil cases filed in state courts each year, at least one side lacks a lawyer. Beneath those cases sit tens of millions more legal problems that never make it to court. Many are significant, even life-altering moments: debt disputes, evictions, domestic violence, a former partner behind on child support, an employer refusing to pay overtime, or an insurer who denies a legitimate claim. Yet most people face these problems without legal assistance, or they "lump it" rather than navigate a complex system alone. Such large, systemic gaps in access to legal services limit who can vindicate their rights, magnifying disparities based on income, education, race, gender, and ethnicity. They are unfair and undemocratic. The future of the civil justice system, and the legitimacy of the courts at its center, will turn on how--and how well--judges, court administrators, the legal profession, and an array of policymakers respond to these new realities This course offers a wide survey of the current state of access to civil justice in the United States. Students will consider the long-run causes and consequences of the justice gap and the major features, constituencies, and stakeholders of the state court systems that are struggling to close it. Students will also tour and assess potential solutions--from procedural simplification, to revived Due Process, to new technologies (e.g., online dispute resolution), to efforts to prime the supply of legal help by amending various Model Rules to expand non-lawyer practice of both the human and software sort. Throughout, students will explore the complex ethical rules that govern lawyers and lawyering and investigate whether and how these rules contribute to, and might instead ameliorate, the access-to-justice crisis. Ultimately, students will emerge with a synoptic understanding of one of the most pressing challenges to the legitimacy of the American legal system, along with new ideas about how to chart a career devoted to access to justice. Student assessment is based on class participation and four short papers. This course satisfies the Ethics requirement for graduation. NOTE: Due to similar content, students enrolled in Access to Justice LAW 6017 may not enroll in Access to Justice: Law, Policy, and Legal Ethics LAW 6018.
Terms: Spr
| Units: 3
LAW 7001:
Administrative Law
Law made by administrative agencies dominates the modern legal system and modern legal practice. This course examines the legal and practical foundations of the modern administrative state. Topics include rationales for delegation to administrative agencies; the legal framework (both constitutional and statutory) that governs agency decision-making; the proper role of agencies in interpreting statutory and regulatory law; and judicial review of agency action. The course will cover these topics through a combination of cases and examples drawn primarily from separation of powers doctrine; the constitutional law of due process; health, safety, and environmental policy; criminal justice; national security law; and agency use of new algorithmic governance tools. The central theme of the course is how administrative law balances "rule of law" values (procedural regularity, substantive limits on arbitrary action) against the often competing values of political accountability, democratic participation, and effective administrative governance. Elements used in grading: Class participation, attendance and final exam.
Last offered: Winter 2023
| Units: 4
LAW 7001:
Administrative Law
Administrative agencies interpret statutes, promulgate regulations, and adjudicate disputes, thereby affecting vast areas of life -- from employment to food and drug safety, from the environment to energy markets, and from telecommunications to immigration. This course surveys the law of the administrative state, considering rationales for delegation to administrative agencies, procedural and substantive constraints on agency decision-making, and the judicial review of agency actions. Elements used in grading: Class participation, attendance, assignments, final exam. Attendance is required to retain a seat in class. 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
| Units: 4
LAW 7001:
Administrative Law
Federal agencies make an astounding number of policy decisions, engaging in more "lawmaking" and "adjudication" than Congress and the federal courts, respectively. These policy decisions range from the seemingly trivial, such as how many cherries are needed for frozen cherry pie, to matters of life-and-death importance, such as how to limit emissions of sulfur dioxide, nitrogen oxides, and mercury. These agencies also range in age, organization, and duties. There is the postal service, which was created by the Continental Congress, and changed about five decades ago from a cabinet-level department to a government corporation, with current calls to privatize it. On the newer side, there is the Consumer Financial Protection Bureau, which was established in 2011 to protect consumers in the financial arena; its leadership and funding elements produced constitutional challenges that recently resulted in the Supreme Court invalidating its leadership structure (and agreeing to hear a challenge on its funding this coming year). In this quarter of Administrative Law, we will consider the creation and control of the modern administrative state. Topics will include the structure of administrative agencies and their place in a governing scheme of separated but overlapping powers; delegation of authority to agencies; types and requirements of agency decisionmaking; availability and scope of judicial review of agency action (and inaction); and other forms of agency oversight. We will apply concepts through many recent examples. A variety of policy areas will be considered, including (among others) the COVID-19 pandemic, national security, financial regulation, health care, the environment, food and drugs, and telecommunications. Elements used in grading: Attendance, Class Participation, Written Assignments, Exam. 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 will be capped at 60 students, randomly selected. The waitlist will give priority to third year students who cannot take the class in the winter quarter and second year students taking a winter quarter clinic that uses Administrative Law.
Terms: Aut
| Units: 4
LAW 7002:
Beyond the Common Law: Tort Reform and Tort Alternatives
(Formerly Law 563) Over the past century, tort law has been under sustained attack. Using a broad mix of case law, case studies, and scholarly analysis, this seminar will interrogate those attacks-including their historical roots, their theoretical justifications, and their practical effects. We will first study "replacement reforms"-attempts to jettison the common law in favor of alternative compensation mechanisms, including workers' compensation, auto no-fault, the September 11th Victim Compensation Fund, and the Vaccine Injury Compensation Program, housed within the U.S. Court of Claims. Second, we will study modern tort reform initiatives, often dubbed "discouragement reforms," which have chiseled away at damages and chilled personal injury victims' incentives and capacity to seek relief. Finally, we will study the United States Supreme Court's own tort reform activity, including recent jurisprudence limiting punitive damages, preferencing arbitration, and granting broad preemptive effect to agency actions. Through this analysis, students will develop a deeper and richer understanding of the tort system, its contemporary operation and excesses, and the uneasy but undeniably important place tort law-and civil litigation more generally-occupies in contemporary American society. 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.
Last offered: Winter 2017
| Units: 2-3
LAW 7003:
Cities in Distress
(Formerly Law 735) Despite the end of the Great Recession, serious fiscal challenges remain for many urban and rural local governments. This course will focus on these places and what they need from state and local government. Subjects will include: (1) the basics of local finance; (2) an introduction to the primary causes of local fiscal distress; (3) tools for state and federal governance of city finances and financial distress (including municipal bankruptcy and state receiverships); and (4) the local public sector's role in anti-poverty work, especially after significant losses in local employment. The course will feature readings focused on places (both urban and rural) across the country. Class performance will be evaluated based on class participation, an in-class presentation, and weekly reflection papers of 3-5 pages each week for most of our topics. Completion or co-enrollment with Local Government or Land Use Law is useful but not required. Elements Used in Grading: Class Participation, Attendance, Written Assignments or Research Paper. 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. 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.
Last offered: Winter 2019
| Units: 3
LAW 7004:
Direct Democracy
In recent years, the use of ballot measures has sharply risen, and initiatives and referenda have featured prominently in contested debates over immigration, affirmative action, abortion, same sex marriage and term limits. In the wake of the Dobbs decision on abortion, controversies about ballot measures have become especially salient in many states. This seminar will focus on direct democracy as a method of lawmaking. Our principal focus will be on initiatives and referenda, but we will allocate some time to the recall, as well. We will consider the history, practice, theoretical justifications, and constitutional dimensions of direct democracy, as well as how direct democracy interacts with representative democracy. We will also explore many legal questions that have arisen as ballot measures have been used as instruments of governance and policy. Topics will include whether direct democracy comports with the federal constitution; judicial review and interpretation of ballot measures; minority rights under direct democracy; election rules relating to signature gathering, qualifying ballot measures and campaign finance; attempts to make it more difficult for voters to qualify and pass ballot measures; and the role of interest groups. Each student will briefly present on one particular ballot measure that is linked to that week's topics. Students will write either multiple response papers or a final research paper (for R credit) on a topic to be worked out with the instructor. Special Instructions: 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 seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length. Elements used in grading: Class participation, assignments, multiple response papers or a final paper.
Terms: Aut
| Units: 2-3
LAW 7005:
Constitutional Politics
This seminar will explore various ways in which constitutional law interacts with the political process. Topics covered will include the appointment and confirmation process for federal judges and justices, judicial campaigns and elections in the states, controversies over court-packing and court-curbing, the role of social movements in shaping constitutional law, various approaches to "popular constitutionalism," ratification of constitutional amendments, and public opinion and the Supreme Court, among others. Readings will include cases, as well as perspectives from legal scholars, political scientists and historians. Students will be assigned to prepare and circulate discussion questions for one week of the class. Students can choose to write a final R paper or take an exam. Students writing the paper may take the class for 2 credits or write a longer paper for 2 or 3 credits. The paper will be due at the law school's paper deadline for fall quarter classes. Students taking the exam will take the course for 2 credits and will be asked on the exam to answer essay questions about the major issues covered in the class. 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: The grade will be based on the paper or exam, along with class participation.
Last offered: Autumn 2022
| Units: 2-3
LAW 7006:
Current Issues in Civil Liberties and Civil Rights
This seminar will address current issues in civil liberties and civil rights arising at both the federal and state level, with an emphasis on the policies of the Trump administration. It is intended to be both timely and topical. As a result, the initial syllabus may be revised if new and significant issues later emerge. Among the topics that are likely to be discussed are hate speech, immigration, reproductive rights, voting rights, affirmative action, LGBT rights, and privacy. We will begin by focusing first on background legal principles and then on applying those legal principles to each debated policy. We will also consider the real world consequences that flow from different legal outcomes. There is no casebook. Instead, weekly readings will consist of judicial decisions, statutory and regulatory texts, and published articles (both academic and popular). Any that are not easily accessible will be circulated prior to class. Elements used in grading: Grades will be based on class attendance, class participation, and either several short papers (Section 01) or an independent research paper for Research credit (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.
Last offered: Spring 2019
| Units: 3
LAW 7007:
Constitutional Law: Religion and the First Amendment
This course covers the major doctrines and decisions interpreting the provisions of the First Amendment affecting religion, especially the free exercise and establishment clauses. The principal focus is on modern Supreme Court cases and doctrine, but the course also emphasized the historical, philosophical, and theological roots of first amendment principles. Elements used in grading: Final Exam.
Terms: Aut
| Units: 3
LAW 7008:
American Constitutional History from the Civil War to the War on Poverty
This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with American Studies (AMSTUD 155) and History (HISTORY 155).
Terms: Win
| Units: 3
LAW 7010:
Constitutional Law: The Fourteenth Amendment
The Fourteenth Amendment is the focal point for many of the most contentious issues in contemporary constitutional law, from abortion to affirmative action to voting rights to criminal justice. This course will begin by paying attention to the origins of the Amendment: to what did it respond and how did it alter our constitutional framework? Rather than then going through section 1 of the amendment clause by clause (citizenship, privileges and immunities, due process, and equal protection) and then skipping to section 5 and Congressional power--we will briefly discuss the seldom mentioned sections 2 and 3, but don't worry, we won't spend a minute on the public debt provisions of section 4!--the course will then explore the amendment's doctrinal evolution with respect to several broad areas of American life, ranging from education to democracy to the economy to criminal justice to intimate relationships (not necessarily in that order). Obviously, we can't cover every area that the amendment touches. But the idea is to give you the tools to work with the changing doctrine and to be an intelligent critic of where we started and where we are. Class format will be a combination of lecture, on-call panels, and open discussion. Grading will be based on an exam and class participation.
Terms: Spr
| Units: 3
LAW 7010:
Constitutional Law: The Fourteenth Amendment
The Fourteenth Amendment is the source of many of the rights that have been cherished by many people throughout our nation. Rights pertaining to sex and reproduction, marriage, parenthood, abortion, birth control, educational opportunity, sex discrimination, race discrimination and many more all are rooted in the 14th Amendment. In recent years, the Supreme Court has reshaped significant aspects of 14th Amendment doctrine, and accorded ever more importance to historical understandings in interpreting and applying the Constitution to contemporary society. Recent decisions have prompted considerable controversy and highlight enduring questions about the relation (or distinction) between law and politics in constitutional interpretation. This course will examine the development of 14th Amendment doctrine, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including same sex marriage and gender identity, race-based affirmative action in school admissions, and abortion and birth control, among many other topics. These constitutional controversies, in turn, raise broad questions about the meaning of citizenship, freedom, and equality, the very concerns that prompted the adoption of the 14th Amendment. Readings will include judicial opinions and some scholarly commentary. In this polarized time, it is important to note that the professor will not privilege any particular view of how the relevant controversies should be resolved. Indeed, our focus will be more on the processes and principles of constitutional decision-making than the outcomes reached by the Court. Students should be prepared to articulate and engage empathetically with arguments and perspectives that are different from their own. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and written exam.
Terms: Aut
| Units: 3
LAW 7010B:
Constitutional Law: The Fourteenth Amendment
This is a course about the history, theory and doctrine of the Fourteenth Amendment. We will pay special attention to the Equal Protection and Due Process clauses and will also cover congressional authority under section 5. The course will explore many constitutional dimensions of inequality with a focus on race, gender, sexual orientation, and gender identity. It will also address disputes about contested liberties, including debates about abortion, sexuality and marriage. Overarching issues will include competing approaches to interpreting the Fourteenth Amendment, core questions about the role of courts in a democracy, and the implications of recent changes in law and doctrine. Class discussion will be supplemented with exercises of various sorts. Elements used in grading: Exam and class participation.
Last offered: Spring 2023
| Units: 3
LAW 7011:
Civil Rights Litigation
This course addresses the enforcement of constitutional and statutory rights in court. It focuses on civil litigation brought by non-governmental parties, such as individuals or public interest organizations. Major topics include causes of action for constitutional violations (42 U.S.C. § 1983 and Bivens), defenses and limitations to liability for constitutional violations (including qualified immunity and municipal liability), the enforcement of statutory rights, and remedies for violations. While teaching legal doctrine, the course also considers practical and strategic questions in civil rights suits as well as theoretical and historical debates concerning the value and role of such litigation. We address substantive topics including police uses of force and various constitutional rights, but the focus is on the law related to bringing and defending against such lawsuits, rather than substantive law. This course complements other offerings such as Constitutional Law, Federal Courts, Advanced Civil Procedure, and Social Justice Impact Litigation. (It overlaps heavily with Professor Karlan's Constitutional Litigation course, so you can't take both). Elements used in grading: Participation, Attendance, Exam.
Terms: Aut
| Units: 3
LAW 7012:
Constitutional Law: Free Speech
This course will introduce students to the doctrine and theory of the constitutional law of freedom of speech, as well as some of the basic principles that govern the enforcement of freedom of the press and freedom of association. Topics explored in the course will include: advocacy of unlawful conduct, defamation, commercial speech, offensive speech, incidental regulations of speech, protest in public places, campaign finance and government subsidies of speech. Readings will be provided digitally, no casebook required. Grading will be based on class participation and a final exam.
Terms: Win
| Units: 4
LAW 7013:
Gender, Law, and Public Policy
Topics in this course will include equal protection standards, employment, education, family, reproductive rights, sexual harassment, rape, domestic violence, pornography, sexual orientation, diversity in the profession, and intersections with race, ethnicity, class, and sexual orientation. Materials will include cases, commentary, problems, and media portrayals. Special Instructions: Course requirements will include class participation, several short reflection papers on the assigned readings, and a longer final essay. There will be no final examination. With permission of the instructor, a student may write a long paper for R credit instead of the shorter papers. 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 instructor. Open to students from other schools with the consent of the instructor. To apply for this course, non-Law students must complete a Non-Law Student Course Add Request Form available on the SLS Registrar's Office website. Elements used in grading: Class participation, attendance, reflection papers, and final paper.
Terms: Win
| Units: 3
LAW 7014:
Constitutional Theory
The guiding question of this course will be how we should think about the role of the U.S. Constitution in American law and American life. In considering this issue, we will address debates about constitutional interpretation (including both originalism and living constitutionalism), the nature and features of constitutional change within the American context, the role of federalism and the separation of powers in the constitutional scheme, and the nature of American constitutionalism as opposed to English and continental European models. We will tackle these debates in the context of some specific contemporary controversies about the Constitution, including: How do the civil rights movement and other social movements impact our understanding of the Constitution?; Does the Constitution reject a European-style inquisitorial process in favor of an Anglo-American vision of due process?; How important is consensus within the Supreme Court to establishing the legitimacy of constitutional meanings?; Why do we have nine Supreme Court justices, and; What is the Constitution, and how much does it include outside of the written document? Throughout we will be contemplating the extent to which our interpretation of the constitution depends on our vision of American democracy and the good society. Requirements for the course include regular class participation and either four response papers or a substantial research paper; students who take the research paper option will receive two or three units and '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. Automatic grading penalty waived for R-credit papers. Special Instructions: This class is limited to 16 students by lottery. If applicable, openings will be filled from the waitlist in waitlist order. Four additional spots may be reserved for 2Ls at the discretion of the instructor. If determined by the instructor, four 2Ls will be admitted from the waitlist in waitlist order. Elements used in grading: Attendance, Class Participation; Response Papers or Final Paper. Cross-listed with English (ENGLISH 350D).
Last offered: Autumn 2022
| Units: 2-3
LAW 7015:
Contemporary Issues in Constitutional Law
(Formerly 448) This is an advanced constitutional law seminar for students who have already taken the introductory Constitutional Law course. The seminar will provide an opportunity for in-depth discussion of competing theories of constitutional interpretation, the role of the Supreme Court in our political system, and analysis of judicial behavior. Each week, these themes will be examined through the lens of a current "hot topic" in constitutional law - for example, affirmative action, same-sex marriage, religious liberty, the death penalty, executive power, campaign finance, immigration, abortion, and other topics. This is not a "spectator" class; all students will be expected to participate actively in class discussion each week. This is a good seminar for students interested in clerking or pursuing academia. Prerequisite: Constitutional Law. Elements used in grading: Attendance, Participation, Written Assignments.
Last offered: Winter 2019
| Units: 3
LAW 7016:
Critical Race Theory
Developed in the 1970s and 1980s, and for decades relevant only to law professors and activists, Critical Race Theory has recently become an object of criticism and controversy far beyond the legal academy. Some of the tenets of Critical Race Theory have made their way into other fields, including sociology, education, and cultural studies. Jurisdictions throughout the United States have passed laws banning the teaching of Critical Race Theory. This class will examine the questions that are at the heart of current CRT controversies: What is critical race theory? Where did it come from? How does it illuminate and help counter the racism that has long plagued American society? Just as critical race theory constitutes a critique of American law and institutions, so too will the course take a critical perspective toward CRT, identifying both virtues and vices of the CRT project. The analysis of CRT, in turn, raises broad questions about the role of race and racism in American society and its intersection with law reform efforts. The readings will be varied. They will include law review articles and judicial opinions, and also articles drawn from the popular media. Special Instructions: Grades will be based on attendance, class participation and (1) a short research paper or (2) a long research paper with consent of the instructor. 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: Spr
| Units: 3
LAW 7016:
Critical Race Theory
This course will consider one of the newest intellectual currents within American Legal Theory -- Critical Race Theory. Emerging during the 1980s, critical race scholars made many controversial claims about law and legal education -- among them that race and racial inequality suffused American law and society, that structural racial subordination remained endemic, and that both liberal and critical legal theories marginalized the voices of racial minorities. Course readings will be taken from both classic works of Critical Race Theory and newer interventions in the field, as well as scholarship criticizing or otherwise engaging with Critical Race Theory from outside or at the margins of the field. Meeting dates: The class will meet 7:15PM to 9:15PM on Tuesday, Wednesday and Thursday (January 7, 8, and 9), and the following Monday and Tuesday (January 13 and 14). Elements used in grading: Class Participation, Written Assignments.
Last offered: Winter 2020
| Units: 1
LAW 7017:
Creation of the Constitution
The course begins with readings setting forth the intellectual and experiential background of the framing, including common law and natural rights theory, republicanism, economic & political scientific ideas, and colonial and post-Independence experience. We then study large parts of the debates at the Constitutional Convention, primarily using Madison's Notes. Major topics are the principle of representation, the extent and enumeration of national powers, the construction of the executive and judicial branches, and slavery. Next come the ratification debates, including readings from antifederalist writers, The Federalist, and speeches in ratification conventions. We conclude with the addition of the Bill of Rights. Classes consist of a combination of lecture and extensive participation by students. Elements used in grading: Class participation, in-person closed book final exam, short-answer answer, supplemented by a short (500 word) essay question. Cross-listed with History (HISTORY 153).
Terms: Spr
| Units: 4
LAW 7018:
Disability Law
This is a survey course of disability rights law, with an emphasis on federal and state statutes and case law. Areas of concentration include employment, government services, public accommodations, education, housing, mental health treatment and involuntary commitment, and personal autonomy. We will review such statutes as the Americans with Disabilities Act (ADA), Rehabilitation Act (Sec. 504), Individuals with Disabilities Education Act (IDEA), and the Fair Housing Act Amendments. The course examines disability from a civil and human rights perspective. Elements used in grading: Grades will be based on class participation (20%), and either a final exam (80%) - Section 01 or a long independent research paper (80%) - Section 02. The student must consult with the instructor on the paper's topic, scope and format. 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. Automatic grading penalty waived for submission of research paper. Non-law students may enroll with instructor consent. 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
LAW 7019:
Employment Discrimination
This course will examine legal responses to the barriers to workplace equality that are faced by minority groups. The course will survey the relevant doctrine, focusing primarily on federal employment discrimination statutes, but also addressing more expansive antidiscrimination protections under some state statutes, and local ordinances. Covered topics include sexual and racial harassment, sexual orientation discrimination, and affirmative interventions aimed at increasing the minority group and/or female representation in certain job categories or segments of the labor market. In addition to surveying the doctrine as it stands and as it has developed over time, we will also explore the doctrinal and conceptual difficulties inherent in identifying invidious discrimination and in devising appropriate remedies. The elements used in grading will be class participation, and, at the student's option, either a series of reflection papers or a single final paper on a topic to be determined in consultation with Professor Ford. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. If more than 35 students wish to enroll, students should contact instructor to be placed on a waitlist. Instructor will determine final enrollment.
Last offered: Winter 2023
| Units: 3
LAW 7020:
Ethics On the Edge: Business, Non-Profit Organizations, Government, and Individuals
The objective of the course is to explore the increasing ethical challenges in a world in which technology, global risks, and societal developments are accelerating faster than our understanding and the law can keep pace. We will unravel the factors contributing to the seemingly pervasive failure of ethics today among organizations and leaders across all sectors: business, government, non-profit, and academia. A framework for ethical decision-making underpins the course. There is significant space for personal reflection and forming your own views on a wide range of issues. Prominent guest speakers will attend certain sessions interactively. The relationship between ethics and culture, leadership, law, and global risks (inequality, privacy, financial system meltdown, cyber-terrorism, climate change, etc.) will inform discussion. A broad range of international topics might include: designer genetics; civilian space travel (Elon Musk's Mars plans); social media (e.g. Facebook Cambridge Analytica, on-line sex trafficking, monopolies); new devises (e.g. Amazon Alexa in hotel rooms); free speech on University campuses; opioid addiction; AI (from racism to the work challenge and beyond); corporate and financial sector scandals (Epi pen pricing, Theranos, Wells Fargo fraudulent account creation, Volkswagen emissions testing manipulation); and non-profit sector ethics challenges (e.g. NGOs engagement with ISIS and sexual misconduct in humanitarian aid (Oxfam case)). Final project in lieu of exam on a topic of student's choice. Attendance required. Class participation important (with multiple opportunities to earn participation credit beyond speaking in class). Strong emphasis on rigorous analysis, critical thinking and testing ideas in real-world contexts. Elements used in grading: Class Participation, Attendance, Written Assignments, and Final Paper. Cross-listed with Public Policy (PUBLPOL 134, PUBLPOL 234). CONSENT APPLICATION: Interested SLS students may apply to enroll in this class by sending a request to Dr. Susan Liautaud at susanliautaud@googlemail.com. Please CC the course TA, Allie O'Keefe, at aokeefe@stanford.edu. NOTE: This course does NOT meet the SLS Ethics requirement.
Last offered: Spring 2021
| Units: 2
LAW 7021:
Family Law
This course will explore how the law regulates intimate relationships among adults and parent-child relationships. These laws, a mix of constitutional and statutory, state and federal, touch all of our lives, when we marry or divorce, or decide not marry an intimate partner, when we become parents, or decide not to become parents. Family Law provides the legal context, the background rules, pertaining to what are unquestionably the most important decisions in our lives-- the choice of a life partner, and whether to become a parent. In probing this body of law, we will also explore big questions about how the government should regulate people with respect to their intimate lives. Our first question: If marriage did not exist as a legal institution, would there be any good reason to create it as one? Readings will be drawn from the professor's recently published (and revised) Casebook, a digital copy of which will be provided free of charge. The class will be very interactive, with many actual and hypothetical problem scenarios providing a basis for discussion. Elements used in grading: Exam, with minor adjustments for class participation.
Terms: Spr
| Units: 3
LAW 7022:
Federal Habeas Corpus
This course covers the history of the Great Writ and the evolution of the scope of federal habeas corpus review and relief; the Suspension Clause; habeas review in capital cases including stays of execution; alternatives to habeas review; state post-conviction proceedings; the Antiterrorism and Effective Death Penalty Act (AEDPA); and jurisdictional issues in both the trial and appellate courts. The course will be valuable to students seeking federal judicial clerkships as well as those interested in prosecutorial work or post-conviction representation. Elements used in grading: Exam
Last offered: Autumn 2016
| Units: 2
LAW 7023:
Federalism
(Formerly Law 742) This course is an overview of legal and policy issues connected to federalism. We will examine a set of core theoretical questions - the values federalism serves; the relationship of federalism and individual and minority rights; and the role of judges in enforcing federalism through judicial review - across a wide range of contemporary legal debates (e.g., same-sex marriage, health care, immigration, voting rights). While much of the seminar will focus on the United States, we will also consider federalism in comparative context by examining the constitutions and legal doctrines of other regimes. Special Instructions: 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: Class Participation, Written Assignments or Research Paper.
Last offered: Winter 2017
| Units: 3
LAW 7024:
Food Law and Policy
This seminar explores legal and policy issues related to our food system, including the regulation of food supply, food safety, nutrition / obesity, marketing / labeling, security, and animal treatment. We will examine how laws and regulations affect the production, distribution, sale, and consumption of food and whether particular regulatory approaches (e.g., product bans, product standards, government subsidies, taxes, information disclosure, or labeling) are more effective in achieving public goals. The course can be conceived of as a form of applied administrative law and regulation, but no background is necessary. 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 2-4 units, depending on paper length. 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
Last offered: Winter 2023
| Units: 2-4
LAW 7025:
Employment Law
Workplace issues have become one of the fastest-growing areas of state and federal law. Employment-related lawsuits filed in federal court have tripled in volume in the past decade, and now account for a tenth of all civil cases. Many state courts have experienced a similar burgeoning of their employment law caseloads. This course examines this diverse, rewarding, and rapidly evolving area of legal practice by considering the diverse array of laws and institutions that regulate the employment relationship. The focus of the course is on laws that affect employees in non-unionized settings, such as protections against dismissal without cause, wage and hour restrictions, workplace privacy, covenants not to compete, the Family and Medical Leave Act, and mandatory arbitration of employment disputes. The course does not cover either Employment Discrimination or Labor Law, both of which are offered as separate courses. Special Instructions: Regular, punctual attendance is required. If you expect (or are unexpectedly forced) to miss more than two classes, please consult with the instructor as soon as possible, as exceptions will be considered on a case-by-case basis. Early Add/Drop Deadline: Add/Drop decisions must be made the first week of class. Exceptions are at the instructor's discretion and will be considered on a case-by-case basis. Elements used in grading: Final Exam.
Terms: Win
| Units: 3
LAW 7026:
Immigration Law
This survey course provides a foundation in the constitutional principles and statutory framework governing the regulation and rights of noncitizens and the immigration admission and removal process. The course also explores selected contemporary issues related to immigrants' rights and immigration reform. These may include topics such as asylum and refugee protection, due process safeguards, border enforcement, immigration detention, immigrant workers' rights, state citizenship status discrimination, judicial review by Article III courts, and current policy debates. The course draws on the instructor's decades of experience litigating constitutional and civil rights cases on behalf of noncitizens as founding director of the ACLU Immigrants' Rights Project and his senior positions in the Biden and Obama administrations at the Departments of Justice and Homeland Security. Guest speakers may be invited for some topics. No prior course or background in immigration law is expected. Elements used in grading: Class participation and attendance (15%), final exam (85%).
Terms: Win
| Units: 3
LAW 7027:
Critical Race Theory (Reading Group)
This reading group will investigate unresolved issues in Critical Race Theory. Questions explored will include: What exactly are advocates for racial justice fighting for? That is, what does racial justice look like? What is the place of "culture" in our racial present and in a racial utopia? What are the roles of agency and structure -- individuals and institutions -- in perpetuating, and remedying, racial inequality? What is the role of law in undermining and/or entrenching racial stratification? Readings will be highly varied, coming from the fields of law, psychology, sociology, and anthropology, among others. Meeting Dates: This class will meet 4:15PM - 7:15PM on Thursday, September 29, October 27 and November 17. Elements used in grading: Grading will be based on participation, short reaction/response papers, and a final paper.
Last offered: Autumn 2016
| Units: 1
LAW 7028:
Lawyers and Leadership
This course will examine the responsibilities and challenges for those who occupy leadership roles, with particular emphasis on those seeking to use law as a vehicle for social and organizational change. Topics will include characteristics and styles of leadership, organizational dynamics, forms of influence, decision making, conflict and crisis management, innovation, diversity and inclusion, ethical responsibilities, scandal, civil and human rights, and public interest law. Materials will include cutting-edge research, case histories, problems, exercises, and media clips. Class sessions will include visitors who have occupied leadership roles. Requirements will include class participation, and either a few short written weekly reflection papers (2 to 3 pages and a short research paper (about 3-5 pages) or (2) a long paper (approximately 26-30 pages). After the term begins, students can transfer from section (01) into section (02), which meets the R requirement. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper.
Last offered: Spring 2021
| Units: 3
LAW 7029:
Legislation and Administration
(Formerly Law 394) This course explores the world of legislation and administration that defines much of our modern legal order. By analyzing agencies, statutes, and legislative procedures, the course prepares students to think about the structures and processes of government, and how they influence legal outcomes that would otherwise be defined largely by social norms and common law adjudication. Drawing on examples from a variety of substantive areas, the course covers the legislative process, approaches to statutory interpretation, the role of agencies and the legislature in a system of separated powers, delegation to agencies, the interaction of common law doctrines and agency practices, and techniques of agency regulation and adjudication. First-year students are welcome. Special Instructions: Students who receive credit for Legislation (Law 319) and/or Statutory Interpretation (Law 425) may not receive credit for Legislation and Administration (Law 7029) and vice versa. Elements used in grading: Attendance, participation in in-class discussion and simulation and occasional short assignments, being on "panel" for selected classes, and a self-scheduled open-book exam. CONSENT APPLICATION: To apply for this course, students must complete and submit a simple 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.
Last offered: Spring 2017
| Units: 3
LAW 7030:
Federal Indian Law
This course will provide an overview of the field of federal Indian law. It will consider the origins and scope of tribal sovereignty as recognized under federal law, as well as current federal law on tribal criminal and civil jurisdiction. It will also explore the division of authority between tribal, federal, and state governments; federal statutory schemes governing Natives and Native nations; and constitutional issues affecting Natives. Additional current legal issues which may be covered based on class selection include Native land claims, gaming, family law, religious and cultural rights, and natural resources. Elements used in grading: Class Participation, Final Exam.
Terms: Spr
| Units: 3
LAW 7031:
Political Campaigning in the Internet Age
This course will acquaint students with the changing environment for campaigns posed by the rise of the Internet. So much of the traditional way analysts have understood campaigns has revolved around television as the primary mode of campaign communication. The rise of the Internet, nonlinear television programming, and mobile communication enables new forms of campaigning. With particular focus on the 2016 campaign, this course will examine the relevant social science on these topics, while at the same time bringing in guest lecturers from industry, campaigns, and media. Requirements: Students will be required to complete a 25 page research paper on a topic relevant to the course. Law students enrolled in this class will have the option of participating in a one-week extension of the course (Law 7056) in Delhi, India during spring break for an additional credit. Students may enroll for this course alone or for both this course and Law 7056. The overseas option is limited to 12 students. (See Law 7056 for application instructions and deadline). Elements used in grading: Attendance, Final Paper. This course is cross-listed with Communication (COMM 153 & 253).
Last offered: Winter 2017
| Units: 2
LAW 7032:
Public Interest Law and Practice
This seminar will consider the history, theoretical frameworks, as well as the strategies used within public interest law practice and by public interest attorneys in the United States. We will consider the role of lawyers and the legal system in advancing social change; 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 tactics deployed by lawyers in different practice settings. 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. Guest speakers will include leaders from the field. Students will also be exposed to practical skills outside of litigation that social change lawyers should understand. Students will be asked to produce several short papers throughout the quarter. Elements used in grading: Attendance, class participation, written assignments.
Terms: Spr
| Units: 3
LAW 7033:
Race, Identity, and National Security
This course explores theoretical, historical, and legal policy questions at the intersection of race, group identity, and national security. Recent political events have thrust the relationship between race, religion, nationality, immigration status, and national security into the limelight, although the questions themselves are not new. How do national security threats affect the formation of racial identity within the United States, and how does race affect our understanding of national security? What is the proper role of courts in addressing challenges to national security policy affecting minority communities? This seminar aspires to understand contemporary policy questions in light of a broader theoretical, historical, and legal context. Class attendance and robust participation in discussion is required. There are two options for assignments in this course. You can either write 4 response papers throughout the course, or a single 18-20 page research paper related broadly to the themes of the course (for R credit). Those who choose the research paper option will be expected to discuss and submit an outline of their research paper while the course is in session and to submit the final paper in accordance with standard law school requirements. 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, Response Papers or Research Paper.
Last offered: Spring 2022
| Units: 2
LAW 7034:
Race and Public Education
From at least Brown v. Board of Education, and many would say before that, education has been central to racial justice movements in America. More than fifty years after Brown, most American schools remain segregated by race and class, and many advocates still argue that the struggle for quality education is the key civil rights issue of our time. This course will examine a host of education-related legal and policy issues that intersect with questions of race and class. Topics will include: desegregation and re-segregation, tracking, charter schools, school vouchers, high-stakes testing, the Common Core, school discipline, the "school to prison pipeline," and education in alternative schools, juvenile facilities, and adult prisons. This will be a discussion-oriented course that will operate more like a seminar than a lecture. This class is limited to 30 students, with an effort made to have students from SLS (20 students will be selected by lottery) and students from the School of Education (10 students). Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2017
| Units: 3
LAW 7036:
Law of Democracy
This course is intended to give students a basic understanding of the themes in the legal regulation of elections and politics. We will cover all the major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, campaign finance, and the 2000 presidential election controversy. The course pays particular attention to competing political philosophies and empirical assumptions that underlie the Court's reasoning while still focusing on the cases as litigation tools used to serve political ends. Elements used in grading: Class participation and final exam. Cross-listed with Communication (COMM 361) International Policy (INTLPOL 351), and Political Science (POLISCI 327C).
Terms: Win
| Units: 3
LAW 7037:
Poverty Law: Introduction and Overview
This one-credit survey course will cover selected topics in American poverty law and policy, with an emphasis on federal poverty relief. Topics covered will include the U.S. Supreme Court's poverty jurisprudence, the history of federal welfare policy, and historical and present-day debates about poverty in housing, education, health care, and other social domains. Students will have responsibility for reading 50-100 pages for each week's discussion. Mandatory P/F, and grade will be based on attendance and participation (one excused absence consistent with passing grade).
Last offered: Autumn 2020
| Units: 1
LAW 7038:
Remedies
The remedy is arguably the most important part of any lawsuit, and often the most neglected. This course considers the question of what plaintiffs are entitled to when they win a case and why. It will cover damages, punitive damages, restitution, unjust enrichment, and injunctive relief. While we will consider public remedies in constitutional cases, the majority of the course will focus on remedies in private law civil actions. Elements used in grading: Class participation and essay final exam.
Last offered: Winter 2023
| Units: 3
LAW 7039:
Reproductive Rights and Justice
This course will explore the law governing reproductive health and freedom in the United States from both reproductive rights and reproductive justice perspectives. The reproductive rights framework focuses on seeking protection from government interference in reproductive decisions and has historically focused on abortion and contraception. The reproductive justice framework broadens the analysis to focus on the right to be a parent and the right to raise children in a safe and healthy environment, in addition to the right not to be a parent; it also employs intersectional analysis to emphasize the ways in which race, class, gender, sexuality, and other characteristics can affect a person's or community's reproductive lives. We will consider a range of legal and policy issues through these frameworks, including regulation of sexual behavior, sex education, contraception, abortion, assisted reproductive technology, pregnancy, childbirth, adoption, and parenting. Grades will be based on attendance, class participation, and either written assignments (Section 01) or a long independent research paper for R-credit (Section 02). 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 instructor.
Terms: Win
| Units: 2
LAW 7040:
Social Justice Impact Litigation: Issues and Strategies
(Formerly Law 572) This seminar explores strategic, legal, and ethical issues related to using law reform and social justice litigation to advance the constitutional and civil rights of vulnerable communities. The seminar is designed to allow students to understand and grapple with some of the doctrinal and strategic issues faced by social justice litigators. The course will be informed by the instructor's thirty years of litigating cases, including in the Supreme Court, to advance immigrants' rights as the founder and former national director of the ACLU Immigrants' Rights Project. Among the topics that may be included are selecting and using test cases; identifying plaintiffs; coalition litigation; strategic pleading; class action problems; the role of amicus briefs; suits for damages versus injunctive relief; standing and mootness; ethical problems; settlement strategies; use of public advocacy and media; the effect of lawsuits on policymakers and public officials; the role of government and agency lawyers; and litigation to achieve legislative change. Guest speakers will be invited. Enrollment is limited and the seminar is not open to 1L students. Students are expected to submit a series of reflections (totaling 18 pages) in response to seminar issues and guest speakers. In unusual cases, a student may be approved for Research (R) credit to write a substantial research paper on an approved topic of current significance. R credit is available only with the instructor's prior consent early in the quarter. Students approved for R credit will transfer from section (01) into section (02) after the term begins. Elements used in grading: Class participation (50%) and written submissions (50%). CONSENT APPLICATION: To apply for this course, students are asked to 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.
Last offered: Spring 2018
| Units: 2
LAW 7041:
Statutory Interpretation
Statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice. It is also an area of vibrant intellectual debate, as scholars, Supreme Court justices, and others debate the methods and aims of statutory interpretation. This course will stress both the practical and theoretical dimensions of interpretation. Students will learn and apply the methods of statutory interpretation. We will also spend considerable time on contemporary controversies, such as debates about textualist, purposive and dynamic interpretation; about the use of legislative history and canons of construction; about the special interpretive problems that arise in the context of direct democracy; and about the democratic and constitutional foundations of statutory interpretation itself. Readings will draw from political science as well as law. Elements used in grading: Class participation and final exam.
Terms: Spr
| Units: 3
LAW 7042:
Gender Identity, Sexual Orientation, and the Law
This seminar will focus on how the law regulates the lives and bodies of trans and queer people. We will approach the material primarily through the lens of constitutional law, exploring how courts have used--or might use--federal or state constitutional provisions to address a wide array of issues involving gender identity, gender expression, and sexual orientation. The core of the class will relate to contemporary controversies concerning gender identity and sexual orientation (including, for example, how gender is defined, recognition of nonbinary identities, access to gender-affirming healthcare, relationship rights of same-sex couples, and religious liberty debates, among others), and will critically examine how legal regulation of gender and sexuality intersects with other identity-based categories including race, class, and disability. We will maintain an interdisciplinary focus throughout as we consider how social, cultural, and political forces shape, and are shaped by, legal doctrine. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. 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 instructor. Elements used in grading: Attendance, Class Participation, Written Assignments; Exam or research paper.
Last offered: Spring 2023
| Units: 2
LAW 7043:
Strategic Litigation for Racial Justice
(Formerly Law 715B) Recent events in our country have dramatically highlighted the fact that we are not a post-racial society, and that structural racism and implicit bias are as harmful to people and institutions as intentional discrimination. Currently, plaintiffs can only show a violation of the Equal Protection Clause of the 14th Amendment - and several other antidiscrimination laws - by proving intentional discrimination. This seminar will examine this "intent standard" and its significant barriers to racial justice litigation. The course will review social science research, including studies on implicit bias, racial anxiety, stereotyping, and other concepts, to explore how contemporary discrimination manifests. We will address how legal advocates and the law can utilize such research to challenge and remedy discrimination through strategic litigation. We will examine real-world examples of this, including in the context of school discipline and the school-to-prison pipeline. Meeting dates: This class will meet on three Fridays, October 21, October 28 and November 4. Students must attend all three classes. Early drop deadline: Students may not drop this course after the first class. Elements used in grading: Written assignments (reflection papers) and class participation.
Last offered: Autumn 2016
| Units: 1
LAW 7044:
Supreme Court Simulation Seminar
This seminar provides students with the opportunity to analyze, argue, hear oral arguments and draft opinions in cases that are currently pending before the Supreme Court of the United States. Professor Lawrence Marshall will serve as the instructor in the seminar, and several of the Law School's renowned Supreme Court litigators and other guests are expected to participate in one or more of the sessions. During each session, two students will present oral argument (based on the briefs that have been filed in the Court) to nine "justices" each of whose role is to reflect the jurisprudence and attitudes of the justice they are portraying over the course of the seminar. The nine "justices" will then conference the case and vote as they predict their justice will vote. In this sense, the seminar is also intended to help promote insight into the role of judicial personality and philosophy within the decisional process. The cases chosen will provide a mix of constitutional and statutory issues, as well as a mix of criminal and civil cases. At the close of each session, one "justice" will be assigned to draft the majority opinion and other "justice" will be assigned to write the dissent. The other sitting "justices" can join one of these opinions, request some changes as a condition of joining, or decide to write separately. Special instructions: 1. Because this is a simulation with assigned roles, students who are accepted into the seminar may not drop without permission of the instructor. 2. Because of the nature of the writing projects (with extensive interaction with other students), the normal deadline for Winter Quarter papers is waived and final papers must be submitted by the Spring Quarter deadline. Elements used in grading: Students will be graded based on the quality of their participation as justices, their oral argument, and their written opinions.
Terms: Win
| Units: 3
| Repeatable
7 times
(up to 7 units total)
LAW 7045:
The Role of the Article III Judge
The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Elements used in grading: Attendance, class participation, and final paper. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. S-Term early start for Autumn Quarter. Class meets 1:30PM-4:30PM on September 11 and 1:30PM-4:00PM on September 12, 13, 14, 15, 18, & 19.
Terms: Aut
| Units: 2
LAW 7046:
The Welfare State
(Formerly Law 765) Much has been written in recent years about the decline of the welfare state. Numerous adjectives have been applied to describe a trend toward austerity -- death, demise, withering, reversal. One writer suggested that the welfare state had not died, it had merely "moved to Asia" along with industrialization. This seminar introduces students to the key literature, questions, and debates about the modern welfare state. We will consider the emergence, growth, and current status of the welfare state, primarily in Western Europe and North America. The course will examine classical theories about markets and the emergence of social provision. We will also consider the leading theoretical and empirical research addressing the emergence of the welfare state, looking at the American case in comparative perspective. Attention will be paid to social and political factors on state development including political parties, labor markets, gender, demographic change, and immigration. We will then turn to the trend toward austerity and retrenchment, and the effect of globalization for the future of the welfare state. Course Requirements. Participation/Discussion (25%). Students are responsible to complete all readings and to come to class prepared to actively participate in discussion. Each student is responsible to lead a portion of the discussion twice per quarter. Short Reaction Papers (25%). All students must complete 5 reaction papers related to the weekly readings of 2 to 3 pages in length. Reaction papers will include a list of questions to be addressed in that week's discussion. All reaction papers must be posted to coursework in advance of class so that the student(s) leading that week's discussion can incorporate the questions into that week's discussion. Final Options (50%). Students have the option of completing one final paper of 20 pages in length OR 4 essays of 5 -6 pages each addressing the readings in weeks that the student did NOT complete reaction papers. Topics for 20 page papers must be approved by me in advance, and may be related to a student's dissertation or master's research or may be a stand-alone topic. Papers may take the form of a research proposal and need not contain original empirical research. Shorter papers should engage thoroughly with the literature on the selected topic, and should bring additional sources other than those read for class to bear on the topic of choice. 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. 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. Cross-listed with Sociology (SOC 254 & SOC 354).
Last offered: Winter 2019
| Units: 3-5
LAW 7047:
Rethinking Campus and School Title IX Policies and Procedures
I apologize in advance for the fact that there are no paragraph breaks in this description. It is not my fault. Please contact me directly if you have questions about the class and I will email you a more readable description. Thanks, MLD. Seminar with Concurrent Policy Lab: Rethinking Campus and School Title IX Policies and Procedures. Policy Lab Client: National Women's Law Center: Over the past six years, the issue of campus sexual assault has exploded into the public discourse. While definitive figures are difficult to obtain due to the necessarily private nature of these events, several recent studies estimate that between 20-25% of college women (and a similar proportion of students identifying as transgender and gender-nonconforming, as well as around 5-10% of male students) experience sexual assault. Survivors have come forward across the country with harrowing stories of assault followed by an insensitive or indifferent response from college administrators, launching one of the most successful, and surprising, social movements in recent memory. Statistics are equally disturbing in the middle and high school context. As a result, the federal government under President Obama stepped up its civil rights enforcement in this area, with over 250 colleges and universities currently under investigation for allegedly mishandling student sexual assault complaints. At the same time, students accused of sexual assault have complained of botched processes driven by a "campus rape over-correction" that denied them a fair disciplinary hearing. It is clear that schools are struggling to develop and implement policies and procedures that satisfy their legal obligations in this area. While the future of federal enforcement under the Trump Administration is uncertain, schools are still subject to federal and state law that require them have policies and procedures to address sexual harassment and violence. This course focuses on the legal and policy issues surrounding the highly challenging area of investigation and adjudication of sexual assault and other gender-motivated violence on college campuses and in K12 schools. It will cover the federal and state legal frameworks governing these procedures including Title IX, the Violence Against Women Act, and the Clery Act, and examine current cases as well as the rapidly-evolving legal, federal regulatory, and political environment surrounding this issue. Guest speakers working in the area will help to broaden the class's understanding of the subject matter. Students in this seminar will have the opportunity to participate in the invitation-only national conference entitled The Way Forward: Title IX Advocacy in the Trump Era, which will be held May 1-2 at Stanford Law School and is organized in conjunction with the National Women's Law Center. See [http://conferences.law.stanford.edu/thewayforward-title9/] for more information on the conference. Concurrent Seminar and Policy Lab: The seminar is taught concurrently with the Policy Lab (also entitled "Rethinking Campus and School Title IX Policies and Procedures"). All students registered for the seminar participate in the Policy Lab, which works with the National Women's Law Center toward the development of a set of evidence-based and legally compliant model policies and procedures. Given all the controversy, surprisingly little is actually known about the policies and processes that are currently in use, nor is there any way of easily ascertaining what the majority of an institution's "peer schools" are doing with respect to solving a challenge or addressing an issue. There is no set of "best practices" to which school administrators can easily turn. Students will analyze cutting-edge issues related to school-based gender-motivated violence and work on a white paper for the NWLC that includes both legal and empirical research into the policies and procedures currently in use around the country. Throughout the class, students will have the opportunity to reflect on what they are learning and how it applies in a professional context. The eventual goal of this Policy Lab is the development in conjunction with NWLC of a free, web-based, open-source set of adaptable model policies and procedures that are targeted for different market segments (i.e., large private, large public, small private, HBCU, community colleges, and k12). Course Schedule and Optional Travel: The first three weeks of the class there will be two meetings per week, on Tuesday and Thursday from 4:15 to 6:15. Students will meet with Fatima Goss Graves, Senior Vice President for Program at the NWLC during week 2 to hear her expectations regarding the project and ask questions. During weeks 4-6 the class will meet once per week, on Thursday from 4:15-7:15 and small groups will work on their assigned sections of the project. On Thursday, May 4 (week 5), the class will meet with special guest Catherine Lhamon, former Assistant Secretary of Education for Civil Rights and have the opportunity to discuss the project with her and receive her feedback. During Week 7, the class will take an optional trip to Washington DC to present the completed project to the staff of the NWLC on Friday May 19. The class will be housed at Stanford in Washington from Thursday May 18, and will attend a hearing of the U.S. Civil Rights Commission in the morning of May 19 and then present their project in the afternoon. Travel expenses (other than incidentals) are provided. On Saturday, May 20 we will have the option to meet with other policy makers and activists as well as sightsee (including an attempted visit to the National Museum of African American History). We will return to Stanford on Sunday May 21. There will be no class during week 8. Enrollment, Assignments, and Evaluation; The Seminar and concurrent policy lab are both open to law students, graduate students, and advanced undergraduates. The seminar has two sections. Section 1 is a 2-hour seminar and students enrolling in Section 1 must also enroll in the Law 805R Policy Lab (1-hour). Section 2 is a 3-hour seminar, and students may enroll in that Section without concurrent enrollment in the Policy Lab. Regardless of the section of enrollment, all students will do the same assignments and be evaluated on the same criteria. All students will complete written work equivalent to a 26 page research paper. Law students will receive "R" credit for the seminar. Elements used in grading: Performance, Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2017
| Units: 2-3
LAW 7048:
Legislation
Course description: TBA
Last offered: Spring 2022
| Units: 3
LAW 7049:
Advanced Torts: Law and Practice
Most of civil litigation is in tort. As society changes, this dynamism is reflected in the progression and regression of tort law. Taught by an experienced practitioner, this course will explore contemporary developments in the law of medical malpractice, product liability, mass torts, harms to reputation and dignity and other civil wrongs. We will consider a range of remedies including compensatory and punitive damages as well as their constriction through tort limitations. Knowledge of these substantive rights and remedies has greatest value if the arc and texture of suit is understood. So we'll also learn about insurance, negotiation, settlement and alternatives to trial. And we'll set all this in the broader context of how an attorney can guide a plaintiff or defendant to an appropriate economic and/or noneconomic remedy. Elements used in grading: Class attendance is mandatory and class participation is encouraged and valued. There will be a final exam.
Last offered: Winter 2017
| Units: 3
LAW 7050:
Toxic Harms
(Formerly Law 280) This seminar will examine the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus will be tort liability, and a central theme in the course will be whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, it is essential to compare the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies. Moreover, it seems equally important that these options be grounded in a concrete understanding of the major current problem areas. To accomplish these aims, the course will focus on a number of specific present concerns, including tobacco, asbestos, anti-inflammatory drugs, and workplace emissions exposures. In each instance, we will look at the nature of the public health problem as well as ensuing tort litigation and regulatory activity. In addition to examining these distinctive problem areas, we will look at broader, cross-cutting institutional reform proposals that have received recent attention. Students in Section (01) will write three ten-page writing exercises on topics discussed in class. After the term begins, students accepted into the course can transfer from section (01) into section (02), and have the option to write a final independent research paper for Research credit, with instructor consent. Elements used in grading: Three ten-page writing exercises or final independent research paper. Early drop deadline.
Last offered: Winter 2017
| Units: 2
LAW 7051:
Local Government Law
This course will examine the source, scope and limits of local government power. It will consider the relationship of local governments to state and federal government and of the relationship of local governments to the individuals and communities within and around them. Specific themes will include the potential of local governments to be responsive democratic communities, the potential of local governments to become isolated or exclusive enclaves, and the effect of local governments on the metropolitan political economy. The course will examine state and federal doctrine that affects local government, political/ social theory and urban planning/ development literature. Students may write papers in lieu of the final exam. Upon instructor consent, students interested in writing should enroll in Law 427-0-02. Students who do not receive a spot in section 02 may enroll in section 01. Elements used in grading: Exam or paper and class participation.
Terms: Aut
| Units: 3
LAW 7054:
The 45th President and the Constitution
We will survey a number structural constitutional issues raised during the Trump Presidency, including the role of the judiciary; the scope and limits of unilateral Presidential power; the relationship between state and federal governments; Congressional power to investigate; and the role of the Special Counsel. Among the substantive areas of coverage will be protection of voting rights; partisan gerrymandering; free speech; and religious freedom. Among the specific settings we will consider are the President's first and second immigration orders; the Global Gag Rule; the effort to de-fund Planned Parenthood; the President's acrimonious relationship with the press; conflict of interest issues, including the Emoluments Clauses; the legal status of the Affordable Care Act's mandatory coverage of contraception, including religious objections; the status of gay marriage, including religious exceptions; and the regulation of the mass media and the Internet. Participants in the seminar should have completed (or be enrolled in) the basic Constitutional Law course. After the term begins, a maximum of 20 students accepted into the course can transfer from Section 01 into Section 02 (long research paper option), which meets the R requirement, with consent of the instructor. Elements used in grading: Final paper.
Last offered: Spring 2018
| Units: 2-3
LAW 7055:
American Legal History, 1930 - 2000: The New Deal, The Rights Revolution and Conservative Reaction
This course examines major transformations in American law brought about by the momentous social and political movements of the mid- to late 20th Century. Part I deals with the response of Franklin D. Roosevelt's New Deal to the economic catastrophe of the Great Depression. The New Deal resulted in a major expansion -- against the resistance of conservative courts -- in the size and responsibilities of the Federal government to regulate the economy and secure citizens against risks of unemployment, sickness and old age. Part II covers the expansion of the New Deal after World War II to new forms of welfare and regulation (such as Medicare and environmental law) and what we now call the Rights Revolution --movements of subordinated or marginalized groups to claim equal rights (African-Americans, women, the disabled, gays and lesbians) or fair treatment by government (criminal suspects, welfare recipients, mental patients, prisoners). Part III: Both the New Deal and the Rights Revolution provoked fierce political reactions in which the modern conservative movements arose and came to power. 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: Class Participation, Attendance; Exam or Final Research Paper. Cross-listed with History (HISTORY 51G & 151G).
Last offered: Winter 2017
| Units: 2
LAW 7056:
Law of Democracy - India: Field Study
This is the Delhi, India component of Political Campaigning in the Internet Age (Law 7031) and Law of Democracy (Law7036). For details, see course description for Law 7031 and Law 7036. Students in this optional field study component will travel to Delhi, India for one week during spring break 2017. It accompanies courses in Law of Democracy and Political Campaigning in the Internet Age. Class sessions will take place primarily at the O.P. Jindal Global University, but will include visits to the Indian Parliament, Supreme Court, and National Electoral Commission. The Course will examine topics in regulation of democracy in a comparative perspective. Those topics include voting rights, campaign finance, regulation of political parties, and election administration. On the last day of the course, students will also have the option of participating in an international conference on comparative democracy to be held at O.P Jindal Law School. The course grade will be based on student essays examining a topic of the law of democracy in comparative perspective. 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.
Last offered: Winter 2017
| Units: 1
LAW 7057:
Policy, Politics and the 2020 Elections: What 2020 Means for Future Campaigns and Elections
This course looks back at the 2020 election campaign and tries to discern lessons and takeaways for future campaigns and elections. It will provide students with a behind-the-scenes understanding of how campaigns work. Each week, we will explore a different topic related to high-profile campaigns -- policy formation, communications, grassroots strategy, digital outreach, campaign finance -- and feature prominent guest speakers who have served and will serve in senior roles on both Democratic and Republican campaigns, including the Trump and Biden teams. Elements used in grading: Attendance, Final Paper. Cross-listed with Communication (COMM 153A, 253A), Political Science (POLISCI 72), and Public Policy (PUBLPOL 146, 246).
Last offered: Winter 2021
| Units: 2
LAW 7058:
Introduction to Antidiscrimination Law
(Formerly Law 734) This course will focus on the statutory legal rules (primarily federal) governing discrimination on the basis of race, national origin, sex, disability, and other protected classifications. With a rotation of instructors including and beyond Ford and Anderson, the course will include modules regarding: employment discrimination (including sexual harassment), fair housing law, voting rights, and disability law. Note: The course will be designed to minimize overlap with Ford's Employment Discrimination course, and thus students are welcome to take both. Elements used in grading: Class Participation, Attendance, Final Exam.
Last offered: Winter 2018
| Units: 3
LAW 7059:
Labor Law
This course is a survey of the law of labor relations focusing on the most important and current legal questions in the field, but it will not comprehensively cover the entire field. In particular, the course will examine the historical development of labor law and legal issues relating to union organization and recognition, unfair labor practices, the duty to bargain collectively, the enforcement of collective bargaining agreements (including some aspects of arbitration of disputes arising under such agreements), and the interaction of state and federal law in these areas. The course will include some discussion of administrative procedure at the National Labor Relations Board and other agencies. Elements used in grading: class participation and final exam.
Terms: Spr
| Units: 3
LAW 7060:
Law and Continental Thought: Resistance
Dominant trends in continental thought will be studied with an emphasis on the complex evolution of the relationship between theories of the rule of law and the definition and assertion of liberal democratic rights, on the one hand, and the sources of systematic legal failure and justifications of resistance to law, on the other. The roots, development, and pathologies of post-structural theory will be a central preoccupation of the course, as will the tensions between post-structuralism and the premises of liberal democratic thought. Major works by a range of theorists (such as Marx, Freud, Nietzsche, Benjamin, Fanon, Lacan, Foucault, Bhabba, Butler, Said, Chakrabarty, Haraway, Crenshaw, Ranciere, and Agamben) will be situated in relation to historical and theoretical interpretations of discrete 19th and 20th century resistance movements. No prior work in philosophy or critical theory is required to enroll in the seminar. Students may elect to write an 'R' credit paper or complete a 10-12 page essay. 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. Grading Elements: attendance, active class participation and written assignments (essay or research paper).
Last offered: Autumn 2017
| Units: 2
LAW 7061:
Children Sexuality and the Law
This seminar focuses on federal and state law designed to protect children from sexual exploitation, as well as federal constitutional law regulating young adults' expressive rights with regard to gender and sexual identity. The seminar provides a general introduction to some of the laws governing children's sexual autonomy as well as necessary protections from sexual abuse; however, the seminar's primary purpose is to teach students about how the law discursively constructs children as it attempts to protect them. Specifically, students will explore how laws designed to protect children from sexual exploitation also naturalize certain assumptions about children's perceptions, cognitive capacities, interests and vulnerabilities. Our discussions will explore how the law, while attempting to catalogue and regulate the potential threats children face, also instantiates certain ideas about children's potential sex-related injuries and how these injures can affect them over time. Finally, seminar discussions will explore whether there are any inconsistencies between the understanding of childhood, sexual injury, capacity, and autonomy in various areas of state child protection laws, federal constitutional law, and relevant federal statutes. In addition to considering how laws regulating children's sexuality affect children, the seminar will also examine how the same laws effectively constrain adults' behavior, as well as shape our understanding of the role of certain social institutions. Laws intended to more generally protect children from sexual exploitation also regulate children's relationships to their parents, affect our understanding of the role of schools, and even our understanding of the role libraries and the internet play in educating citizens. Seminar discussions will focus on how discursive constructs and social understandings about children contained in law both constrain and enable us in discussions of child sexuality. We will also consider how these constructs and understandings empower certain institutions by legitimating certain kinds of intervention. Students can choose to write three short response papers for two units or a final research paper for three units. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the Research (R) requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation; Written Assignments or a Final Research Paper. 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.
Last offered: Winter 2017
| Units: 2-3
LAW 7062:
Originalism
This two-credit seminar will explore the theory and practice of "originalism" -- the idea that the Constitution should be interpreted in light of the meaning of its text to those who had authority to enact it. This is a controversial approach (as are the others) and we will read and consider critics as well as proponents, so that students can make up their own minds. The first part of the seminar will be devoted to the theory: how it works, what are its justifications, what are its flaws, the various versions. The remainder will be devoted to specific applications. Because there are far more topics than we have time to cover, students will vote on the first day for which topics we will take up. Among the choices are: segregation, executive power, speech and press, the Ninth Amendment, affirmative action, gun rights, abortion, searches and seizures, and freedom of religion. Two students will assist in leading class discussions. Elements used in grading: Grades will be based 20% on participation and 80% on papers. Students will have the choice of one longer research paper or three shorter reflection papers. After the term begins, students accepted into the course can transfer from Section 01 into Section 02 (long research paper), which meets the R requirement, with consent of the instructor. CONSENT APPLICATION: To apply for this course, students must complete and submit 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.
Last offered: Winter 2023
| Units: 2
LAW 7063:
Youth Law and Policy
This course examines current issues in youth law and policy with a focus on the potential and collateral effects of law on certain subpopulations of vulnerable youth. Substantively, the course focuses on case law and statutes in delinquency, dependency, education, public benefits, and health access with an attention to cross-section themes of poverty, economic justice, race, and youth voice. By the end of the course, students will have developed a better understanding of how litigation, legislation, and policy in youth law come about through examining recent developments in the field and the tools advocates have used to enact change. Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from the exam section (01) into paper section (02), with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments; Exam or Final Paper.
Terms: Aut
| Units: 2
LAW 7064:
Advanced Immigration Law Seminar
This seminar is an advanced course on immigration law and policy designed for students who have taken the basic immigration law course or have equivalent academic or work exposure to immigration law, foundational constitutional principles, and the functioning of the immigration system and immigration agencies. The class will explore a range of topics not covered in the survey course with a focus on such issues as: immigration federalism and state immigration enforcement initiatives; public and private discrimination on the basis of citizenship status; federal border policies and asylum restrictions; workplace and labor rights of noncitizens; judicial review of immigration orders and federal habeas corpus actions; contemporary legislative initiatives; and major issues immigration cases in the Supreme Court. The issues actually covered will take into account student interest and input at the beginning of the quarter. Guest speakers may be invited to address some topics. Students must fill out the consent form and have academic or equivalent grounding in the basics of immigration law. Elements used in grading: Class participation and attendance (30%); reflection papers (70%). After the term begins, a limited number of students registered for the course may be allowed (with instructor consent) to transfer from section (01), which requires reflection papers, to section (02) which instead requires a substantial research paper that meets the R requirement. CONSENT APPLICATION: To apply for this seminar, students should 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: 2
LAW 7065:
One in Five: The Law, Politics, and Policy of Campus Sexual Assault
CW: SA/GBV: Access the Application Consent Form Here: https://bit.ly/One-in-Five-Application. Over the past decade, the issue of campus sexual assault and harassment has exploded into the public discourse. Multiple studies have reinforced the finding that between 20-25% of college women (and a similar proportion of students identifying as transgender and gender-nonconforming, as well as approximately 10% of male students) experience sexual assault carried out through force or while the victim was incapacitated. This course delves into the complex issues of sexual assault and harassment on college campuses, examining legal, policy, and political dimensions. We explore the prevalence of these issues, the historical and social contexts, and relevant laws such as Title IX and the Clery Act. Through readings spanning social science, history, literature, law, health, and journalism, we analyze responses to campus violence, considering the intersectionality of race, class, gender, and other factors. Guest speakers, including experts and advocates, provide firsthand insights. Sensitive Material: The subject matter of this course is sensitive, and students are expected to treat the material with maturity. Much of the reading and subject matter may be upsetting and/or triggering for students who identify as survivors. This course has no therapeutic component, although supportive campus resources are available for those who need them. Elements used in grading: Grades will be based on class attendance, in-person class participation, and either several short reflection papers and a class presentation (Law section 01) or an independent research paper and class presentation, or a project and class presentation (undergraduates, graduates, and Law sectiohttps://bit.ly/One-in-Five-Application n 02). After the term begins, law students accepted into the course can transfer from section 01 into section 02, which meets the R requirement, with consent of the instructor. Enrollment: Requires INSTRUCTOR PERMISSION. Application consent forms are available (https://bit.ly/One-in-Five-Application) or you may contact Professor Burgart at aburgart@stanford.edu. Cross-listed with Feminist, Gender and Sexuality Studies ( FEMGEN 143) and Sociology ( SOC 188/288). Apply early as demand is high and enrollment is limited to 18 students. Applications will be reviewed on a rolling basis until the class is full. Admitted SLS students should forward instructor approval to registrar@law.stanford.edu for a permission number to enroll in LAW 7065 in Axess. Cross-listed with Feminist, Gender and Sexuality Studies (FEMGEN 143) and Sociology ( SOC 188/288).
Terms: Spr
| Units: 3-4
LAW 7067:
Law and Policy in the Post-Obama Era
This course will consider a number of current issues of law and policy that achieved prominence during the Presidency of Barack Obama and remain unresolved. These issues include: 1) immigration law reform and DACA, 2) the role of the Department of Justice in reforming local and federal criminal law enforcement, 3) the role of government policy in regulating the economy and financial system, in facilitating heath insurance, and in remedying economic inequality, 4) the proper balance between national security and civil liberties/human rights, as exemplified by the debates over the status of the Guantanamo Bay detention facility and drone warfare. In each of these areas, and others, debates about law and policy had reached a seeming, or potential, consensus in early 2009, but that consensus quickly fell apart. In each area, the gap between differing formulations of law and policy that had existed until recently has widened. Keeping in mind the time limitations of this course, we will briefly examine most of these of law and policy -- the governing legal doctrines and policies, their evolution since 2009, and their present and future prospects. The course will ask: What accounts for these differing visions of law and policy? What accounts for the inability of the political and legal system to resolve them? What are the possible ways forward? Class format will consist mainly of readings and class discussion, and students are encouraged to bring their own perspectives to bear on these difficult and timely issues. Class will meet Monday-Thursday, January 8-11, 7:15 PM to 9:15 PM and Tuesday of the following week, January 16, 6:20 PM to 7:20 PM. Elements used in grading: Class Participation.
Last offered: Winter 2018
| Units: 1
LAW 7070:
Federal Indian Law: Historiographical Readings in Federal Law and Policy
This is the one unit, Mandatory P/R/F component to Federal Indian Law (LAW 7030). Enrollment is by consent of instructor. See LAW 7030 in the SLS Course Catalog for details. Students will meet five times over the quarter. Meeting dates to be arranged with the instructor. Elements used in grading: Attendance, reading assignments, and a short paper.
Last offered: Spring 2019
| Units: 1
LAW 7071:
Philanthropy and Civil Society
Associated with the Center for Philanthropy and Civil Society (PACS). Year-long workshop for doctoral students and advanced undergraduates writing senior theses on the nature of civil society or philanthropy. Focus is on pursuit of progressive research and writing contributing to the current scholarly knowledge of the nonprofit sector and philanthropy. Accomplished in a large part through peer review. Readings include recent scholarship in aforementioned fields. May be repeated for credit for a maximum of 3 units. Cross-listed with Education (EDUC 374), Political Science (POLISCI 334) and Sociology (SOC 374).
Last offered: Spring 2022
| Units: 1
| Repeatable
3 times
(up to 3 units total)
LAW 7073:
Antidiscrimination Law and Algorithmic Bias
Human decision making is increasingly being displaced by algorithms. Judges sentence defendants based on "risk scores;" regulators take enforcement actions based on predicted violations; advertisers target materials based on demographic attributes; and employers evaluate applicants and employees based on machine-learned models. A predominant concern with the rise of such algorithmic decision making (machine learning or artificial intelligence) is that it may replicate or exacerbate human bias. Algorithms might discriminate, for instance, based on race or gender. This course surveys the legal principles for assessing bias of algorithms, examines emerging techniques for how to design and assess bias of algorithms, and assesses how antidiscrimination law and the design of algorithms may need to evolve to account for the potential emergence of machine bias. Admission is by consent of instructor and is limited to 20 students. Student assessment is based on class participation, response papers, and a final project. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (https://law.stanford.edu/education/courses/consent-of-instructor-forms/). See Consent Application Form for instructions and submission deadline.
Last offered: Autumn 2022
| Units: 3
LAW 7075:
Family Law I: Regulating Marriage and other Intimate Relationships
Intimate sexual relationships are central to most people's lives. Marriage has long been the primary locus of such relationships, the foundation of family life. In recent decades, though, marriage has undergone unprecedented changes. Sustained political advocacy and judicial decisions have opened marriage to same sex couples. Yet marriage equality has triumphed at a time when marriage is less universal and less robust as a social institution than ever. More American adults than ever are unmarried; more than a third of those who do marry will divorce. Unprecedented numbers of children are now born to unmarried parents. And marriage rates and stability have diverged across racial and socioeconomic groups as never before. What is one to make of these changes? And how should law and policy respond? The course will examine the constitutional and statutory doctrine governing marriage and other intimate relationships. Throughout, we will consider the cultural and social understandings that undergird our past and current approaches to regulating intimate relationships. Elements used in grading: Attendance, Class Participation and Exam.
Last offered: Spring 2021
| Units: 3
LAW 7076:
Race, Disadvantage, and Elite Education: The Allocation of Opportunity
In recent years, selective universities have become more academically selective than ever. During the past half century their applicant pools have grown considerably--now including women, minorities, immigrants, and international students--while the sizes of their student bodies remain virtually unchanged. The broader social and economic context has shifted as well. With globalization, the advance of technology and the resulting labor market shifts, advanced education is seen as more important than ever to getting ahead. Yet, even as elite universities seem central to Americans' hopes and dream, they have also come under attack, viewed as disconnected from, and alien to, "regular Americans." This course will engage these developments through considering a pivotal question: How do and should elite educational institutions choose among the many applicants vying for admission? Two principles loom large in the ethos of selective college admissions: diversity and merit. Throughout the course, we will take a critical stance toward these claims. For example, how much does and should merit shape admissions decisions? What are the rationales for using prior grades and test scores to assess applicants? Similarly, what are the costs and benefit of the diversity rationale? Should schools take account of race, socioeconomic class, or neither? Course readings will include judicial opinions and legal commentary, social science evidence and cultural criticism. After the term begins, and with the consent of the instructor, students accepted into the course may transfer from section 01 (2 units) into section 02 (3 units), which meets the R requirement. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Cross-listed with Education (EDUC 476).
Last offered: Winter 2022
| Units: 2-3
LAW 7077:
Native Peoples and the Law (Reading Group)
This reading group of five evening meetings over the quarter will explore Native peoples' encounters with U.S. law as recounted in novels, documentaries, essays, and other material, emphasizing indigenous perspectives and voices. The class is intended as a complement to LAW7030: Federal Indian Law; students enrolled in that course will receive priority in admission, but all students are welcome, space permitting. Elements used in grading: Attendance, Class Participation. 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.
Last offered: Spring 2018
| Units: 1
LAW 7078:
The United States Senate as a Legal Institution
This course will familiarize students with major, and/or emerging legal and constitutional issues concerning the U.S. Senate. In so doing, it will examine: 1) the Senate's nature as a complex legal institution, and 2) the issue of the Senate's legitimacy in the context of the current and largely unprecedented criticism of the Senate from all parts of the political spectrum. This first portion of the course will consider institutional-legitimacy issues facing the Senate, including the appointment of senators to fill vacancies as well as disputes concerning Senate rules and procedures such as the filibuster and holds. The second part of the course will explore how the Senate interfaces with the Constitution and the Supreme Court. It will examine how senators should regard the issue of constitutionality in voting on legislation, be it campaign-finance reform, internet decency, or health care. This part of the course will also consider how senators should approach proposed constitutional amendments. The final portion of the course will review the wide range of issues that have emerged in recent years regarding the constitutional relationship between the Senate and the Executive Branch, including the increasingly acrimonious issue of the standard to apply to executive appointments under the advice and consent power. Particular emphasis on this part of the course will be given to issues that have gained greater prominence since 9/11, including the relationship between enacted, constitutional legislation and the presidential assertion of Article II powers, as well as the Senate's abdication of its Article I war-declaration power. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used in grading: Class participation, attendance; and final exam or final research paper.
Last offered: Winter 2020
| Units: 3
LAW 7079:
Advanced Immigration Policy Reform
This is a seminar for students with some background and interest in immigration and administrative law based on prior coursework, clinic enrollment, academic study, or other experience who want to engage in an examination of the administrative process for pursuing reform. The course will examine some of the current contested immigration policy changes and consider the mechanisms for achieving positive reform in light of administrative law and practice. The goal is to identify strategies and mechanisms for future reform that would further the protections of non-citizens during a period of global hostility to migrants. One significant part of the course will be contributing to a project that tracks and catalogues all the immigration policy changes of the Trump administration. Students will also develop proposals for future non-legislative reform through administrative action. The seminar will examine the federal administrative process from a theoretical, doctrinal, and practical perspective based on selected readings, guest speakers, and the instructor's experience as senior immigration policy advisor in the Obama administration at the Department of Homeland Security and as founder and former director of the ACLU Immigrants' Rights Project. Requirements: Some prior exposure to immigration law or practice in a work, clinical, professional, academic, or other setting. Elements used in grading: Grades will be based on class attendance, class participation, and either writing assignments (Section 01) or, with the instructor's permission, an independent research paper (Section 02). A very limited number of students may be permitted to write the long research paper for R credit but only with the prior specific approval of the instructor. Students accepted into the course may be eligible to transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. 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.
Last offered: Spring 2020
| Units: 2
LAW 7080:
Amending the U.S. Constitution
This seminar explores the legal and historical dimensions of the American constitutional amendment process as well as its current and potential role in our political system and public debate. The principal focus will be on Article V of the Constiution but we will also briefly examine the way in which the Constitution is said by some to be "amendable" (and to have already been "amended") through alternate means apart from Article V. The seminar will enable students both critically to evaluate the myriad aspects of constitutional amendments and conventions using proper source material and to develop their own proposals for potential amendments. The first part of the course will first explore the origins of Article V, including background on the comparative amendability of other written constitutions, the adoption of the Bill of Rights, and the apparent unamendability of the provision in Article V requiring equal representation of the states in the Senate. We will then review the history of efforts--both successful and unsuccessful--to amend the Constitution, such as the early corrective amendments to the post-Civil War Reconstruction amendments, the Progressive Era amendments (e.g., the switch to the direct election of Senators), and the modern voting-related amendments. This section will also consider views about when and how it is proper or "appropriate" to amend the Constitution, the standard that members of Congress should employ in voting on proposed amendments, and the history of calls for constitutional conventions to amend the Constitution. The second part of the course will explore the current possibility of a constitutional convention or conventions being called independently of Congressional initiative including the question of whether the scope of such a convention could be limited. We will then examine the relatively recent and current proposals and advocacy for and against constitutional amendments across the political spectrum. For this portion of the course, we will particularly consider the balanced budget amendment, the state veto amendment, the victims' rights amendment, and the elimination of the direct election of Senators, from the conservative side of that spectrum. We will then particularly highlight the movement to overturn Citizens United by amendment, the elimination of the electoral college amendment, the proposal to overturn Heller (right to bear arms) by amendment, and the current effort to revive and ratify the Equal Rights Amendment, all mostly associated with the progressive or liberal side of the spectrum. For the final seminar, students will be asked to give in class their opinion of Article V and whether it is too easy or difficult (or just right) in terms of allowing amendments. Each student will also be asked briefly to propose and defend an amendment that that student believes should be added to the Constitution. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used in grading: class attendance, participation, class presentations, and final paper.
Last offered: Spring 2020
| Units: 2
LAW 7081:
Family Law II: Parent-Child Relationships
This course will examine the legal regulation of the parent-child relationship. The law used to be much simpler than it is today. The law treated marriage as the near exclusive setting for the rearing of children, defining the woman who gave birth to the child was the mother, and the man to whom she was married as the father. In recent decades, that simple legal principle has collapsed under the weight of social and technological change. The central social change is the reconfiguration of marriage and the multiplicity of settings in which children are raised. The advent of same sex marriage and same sex couples undermine longstanding assumptions about the legal definition of parent. And the fact that 4 in every 10 children are born to unmarried couples, and that nearly half of all married couples will divorce (often with either or both partners remarrying) introduce a dizzying array of possible family configurations. Advances in genetic testing complicate matters further, by allowing biological parents to be identified with near certainty. Thus, there is less reason to treat a woman's husband as her child's father. Many couples use reproductive technologies involving the donation of sperm, the donation of eggs or even the use of a surrogate mother to gestate the child. The use of such technologies can result in many adults having some form of tie to the child, a situation that has prompted some jurisdictions to recognize the possibilities of more than 2 parents! In sum, nonmarital, nonbiological, and same-sex parenting have become central, rather than peripheral features of the familial landscape. These changes highlight provocative and fundamental inquiries: What, exactly, does, and should, make one a parent in the view of the law? And how should the state allocate rights and responsibilities, related to custody, financial support and visitation, as families fracture and reconfigure? Elements used in grading: Participation, Exam.
Last offered: Spring 2022
| Units: 3
LAW 7082:
Free Speech, Democracy and the Internet
This course will cover contemporary issues in regulation of the Internet. Topics will include disinformation, polarization, privacy, competition, transparency, advertising, security, and algorithmic ranking. Guest speakers from academia, NGOs, and industry will present on these topics in each class session, followed by a discussion. Students will be responsible for one-page papers each week on the readings and a research paper to be turned in at the fall paper deadline. This class is crosslisted in the university and undergraduates are eligible to take it. Elements used in grading: Attendance, Written Assignments, Final Paper. Cross-listed with Communication ( COMM 153B/253B) and International Policy ( INTLPOL 323).
Last offered: Autumn 2022
| Units: 3
LAW 7083:
Race and Law Workshop
The Race and Law Workshop will meet once each week. The broad theme of the workshop is to probe the relation of law and justice with respect to race and inequality. Most weeks will feature a speaker who will present a draft of a paper. Students will have read the paper, and often, additional materials related to the subject matter of the paper, and will write responses to the paper, which will be shared with the speaker before the session. The session will consist of discussion of the speaker's paper and the students' responses. The aim of the workshop is to expose students to current scholarship about race and law, to improve the speaker's paper, and to deepen student's thinking about the relationship between law and racial justice (and injustice). Elements used in grading: Written Papers.
Last offered: Winter 2019
| Units: 2
LAW 7084:
The First Amendment: Freedom of Speech and Press
Introduction to the constitutional protections for freedom of speech, press, and expressive association. All the major Supreme Court cases dealing with issues such as incitement, libel, hate speech, obscenity, commercial speech, and campaign finance. There are no prerequisites, but a basic understanding of American government would be useful. This course is crosslisted in the university and undergraduates are eligible to take it. Elements used in grading: Law students will be evaluated based on class participation and a final exam. Non-law students will be evaluated on class participation, a midterm and final exam, and nonlaw students will participate in a moot court on a hypothetical case. Non-law students will also have an additional one hour discussion section each week led by a teaching assistant. Cross-listed with Communication (COMM 151, COMM 251), Ethics in Society (ETHICSOC 151), and Political Science (POLISCI 125P).
Last offered: Spring 2022
| Units: 3
LAW 7085:
The U.S. and the Use of Force
This course examines legal issues involved in the formulation and implementation of U.S. policy and actions with respect to the use of armed force, with emphasis on recent and current conflict situations. It will explore these issues from the point of view of international legal norms and obligations, U.S. law and practice, and the policies and actions of recent U.S. Administrations. Among the areas that will be explored are the following: (1) law and practice relating to the resort to armed force; (2) limits on means and methods of warfare; (3) the treatment of detainees; (4) the treatment of the civilian population; and (5) the punishment of international crimes. Elements used in grading. Grades will be based on a paper exploring these issues in the context of a specific current conflict or situation (75%), and class participation (25%).
Last offered: Autumn 2018
| Units: 2
LAW 7086:
Transitional Justice
The political, social, and legal problems confronting societies after periods of mass human rights violations or war have attracted increasing attention from policymakers and scholars in the last three decades. This course will examine the legacies of atrocities and the institutions and processes that governments and citizens most often use to address them, comparing approaches from across the globe. South Africa's Truth and Reconciliation Commission; the prosecution of Chile's former dictator, Augusto Pinochet; Argentina's reparations to victims of its military regime; and the International Criminal Court are among the best-known policy responses to those problems. In addition, non-legal interventions---such as the Berlin Holocaust Memorial and Nelson Mandela's many symbolic gestures toward reconciliation with white South Africans---may have important social and political effects. In addition to initiatives at the national and international levels, we will devote some attention to transitional justice at the local level. A recurring theme throughout the course will be the connections between atrocities and transitional justice measures intended to address them, on the one hand, and economic justice and development, on the other. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of instructor. 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 instructor. Elements used in grading: Class Participation, Written Assignments; Final Exam or Final Paper. Cross-listed with International Policy (INTLPOL 357).
Terms: Win
| Units: 3
LAW 7088:
Defining Discrimination
Federal, state and local laws prohibit discrimination based on many grounds such as race, sex, religion, national origin and disability. But the operative term, "discrimination," is typically quite vaguely defined in statutory language. As a consequence, courts and legal analysts have developed a number of theories of discrimination. These theories can be inconsistent with each other and with popular definitions of discrimination; for instance, some laws forbidding "discrimination" forbid differential treatment, some permit it under limited circumstances and some require it. Discrimination may or not require a specific mental state ("discriminatory intent") or specific consequences ("discriminatory effect" or "disparate impact"). Arguably, "discrimination" is, in practice, as much a question of values and norms as it is a matter of fact. This class will explore the concept of discrimination in case law, philosophy and legal theory. Special Instructions: Grades will be based on attendance, class participation and (1) short reflection essays on the readings and a short research paper or (2) a long research paper with consent of the instructor. 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, Final Paper. 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.
Last offered: Autumn 2018
| Units: 2
LAW 7089:
Originalism and the American Constitution: History and Interpretation
Except for the Bible no text has been the subject of as much modern interpretive scrutiny as the United States Constitution. This course explores both the historical dimensions of its creation as well as the meaning such knowledge should bring to bear on its subsequent interpretation. In light of the modern obsession with the document's "original meaning," this course will explore the intersections of history, law, and textual meaning to probe what an "original" interpretation of the Constitution looks like. Elements used in grading: Class Participation, Response Papers, Research Paper. Cross-listed with History (HISTORY 252/352). Enrollment is on a first-come, first-served basis (limited to five SLS students). If you are unable to enroll in the class in Axess, please contact the instructor for availability.
Terms: Aut
| Units: 3
LAW 7090:
Race and International Law
This mini-course is an introduction to thinking about race as method for the study of international law. If the international legal order is primarily structured around the categories of nation and state, the notion of race continues to haunt it in important and often unacknowledged ways. The course will explore the tension between (a) race as a social phenomenon that is transnational if not global in scope and (b) the construction of race in contemporary international law, where it is often treated as a domestic matter of non-discrimination norms in human rights law. The course will also examine the present-day legacies of international legal norms and institutions connected to slavery and formal colonialism. Materials will be drawn from contemporary UN human rights mechanisms, state practice and case law, and legal claims by anti-colonial/racial justice movements. This class will meet the first five weeks of the quarter (September 25 to October 23). Elements used in grading: Class evaluation will be based on attendance, participation, and short reflection papers before the five class sessions.
Last offered: Autumn 2018
| Units: 1
LAW 7091:
Gender, Sexuality and Reproduction
This mini-course revisits the core elements that have traditionally defined family law: gender, sexuality and reproduction. Historically, family law had two main functions. It created a framework for bearing and raising children, and organized the children's parents' coupledom. Gender, sexuality and reproduction were closely interwoven and subject to certain expectations. Sex was only allowed in the context of marriage, which formed the gateway to reproduction. Children born outside of wedlock had inferior rights. Women were placed under their husband's control to ensure their sexual fidelity. From the 1960's on, societal changes shook the traditional conception of the family to its foundations. Women gained economic independence and started challenging their traditional role in the family. Birth control cut the ties between sexuality and reproduction. The position of marriage as the sole seat of both coupledom and childbearing started to erode. The disconnection of gender, sexuality and reproduction opened family law up to new questions. Why should marriage only be possible between a man and a woman? Can children have more than two legal parents? What is the extent of the reproductive rights of women and men? Is marriage still a relevant legal concept? These and other questions are tackled from a comparative law angle, comparing the approach in the United States and other Western jurisdictions. Students are asked to reflect on the various responses to contemporary family law issues across the Western world. The focus is on general tendencies, not on technicalities. Grades will be based on regular attendance, active class participation and one short response paper. This class will meet the first three weeks of the quarter on Thursday, January 9, 16, and 23.
Last offered: Winter 2020
| Units: 1
LAW 7092:
Suffering (Reading Group)
The law is in large part about suffering. As lawyers, we recognize suffering [or we do not], we articulate what suffering means [or does not], and we measure remedies for suffering [or we do not]. Despite the central import of suffering to the law, suffering is elusive. This reading group will explore different treatments of suffering in music, fiction, law review articles, blog posts, and other media and discuss how to apply the insights of artists, theorists, lawyers, and novelists to our understanding of legal suffering. Class meeting dates: The class will meet five Tuesdays from 6:30PM-8:30PM on January 15, 22, and February 5, 19, & 26. Elements used in grading: Attendance, Class Participation. 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).
Last offered: Winter 2019
| Units: 1
LAW 7093:
Legal Lags: Regulatory Challenges Posed by Social, Economic & Technological Change (Reading Group)
This Reading Group will explore the legal and regulatory challenges posed by fast-moving social, economic and technological developments. Examples include privacy regulation in the age of Facebook; transportation safety in the era of autonomous vehicles and drones; energy regulation in the context of climate change and financial regulation in a time of blockchain. Members of the reading group will be asked to share in the preparation and present of discussion materials. Reading group meets five Thursdays. Precise meeting dates TBD by instructor. Elements used in grading: Attendance, Class Participation.
Last offered: Spring 2019
| Units: 1
LAW 7094:
Tribal Law
This course is about tribal law: The diverse body of law that the 574 American Indian tribal governments within the United States make to govern their citizens, their territories, and--to a limited extent--non-Indians. We will explore the many questions contemporary tribal governments navigate as they engage in everything from rewriting their constitutions to developing infrastructure and rules for local garbage collection. The course begins with a foundations unit focused on tribal government structure and tribal courts. The remainder of the course is a survey of tribal law topics selected by the students from among structural constitutional law, discrimination, fundamental rights, tribal membership, elections, the environment, contract disputes, taxes, gaming, family, crime, and procedure. Each chosen topic will be paired with readings as well as presentations from classmates on their research into a chosen topic in that topic area. Students wishing to write an independent research paper for R-credit should enroll in Section 02 (3 units). Elements used in grading: Participation, In-Class Oral Presentation, Short Written Assignments, Final Paper. Prerequisites: Federal Indian Law - strongly encouraged.
Last offered: Spring 2023
| Units: 2-3
LAW 7095:
Advanced Administrative Law
This advanced course will combine theory and practice, drawing from scholarship, doctrine, current events and litigation, and guest speakers. It will explore a series of subjects, including the following: the waiver of (and continued viability of) Chevron deference; recent takes on the constitutionality (or lack thereof) of the administrative state; the legality and desirability of presidential directives; current issues in rulemaking and adjudication; trends and legality of political appointments (and the lack thereof); government transparency mandates and challenges; agency budgets and contracting; selected topics in state Administrative Law as well as states in federal Administrative Law; and remedies. Students must have previously taken Administrative Law or receive permission of the instructor. Requirements will include multiple writing assignments (including short reading reflections, an op-ed, and a 10-15 page paper on a relevant topic). Elements used in grading: Attendance, class participation, written assignments, final paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (https://law.stanford.edu/education/courses/consent-of-instructor-forms/) by August 31, 2022.
Last offered: Autumn 2022
| Units: 3
LAW 7096:
Law and Politics of Bureaucracy
Modern government is bureaucratic government. In the words of Justice Jackson, the rise of the administrative state is likely "the most significant legal trend of the last century and perhaps more values today are affected by [agency] decisions than by those of all the courts." This seminar will survey the major ways in which law and political science have grappled with bureaucratic governance. How do we understand the rise of the administrative state? Why are bureaucracies designed the way they are? How do bureaucracies work in the face of legal and political constraints? And what avenues are there for meaningful regulatory reform? The class is cross-listed in political science and the law school and course enrollment will be by consent of instructor. Students will be responsible for writing short reflection papers and a research paper. Students may take the course for either 3, 4, or 5 units, depending on the paper length. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Admission based on application. Instructor consent required. CONSENT APPLICATION: To apply, please complete the following webform https://docs.google.com/forms/d/e/1FAIpQLSfCSjsVnNglhvqx9giSsYYDvIiYxgEacB1nnzE-CS5YawIMqQ/viewform. Cross-listed with Political Science (POLISCI 228C/428C).
Last offered: Spring 2021
| Units: 3-5
LAW 7097:
Educational Rights Workshop
This workshop will be offered to students who were enrolled in the Spring 2020 Education Advocacy Clinic (which was cancelled). The workshop will consider historical legal and policy efforts to ensure that all children have a right to equal educational opportunity and it will look to the future of educational rights advocacy. This workshop will draw from past civil rights work, the experience of the Youth & Education Law Project, and the best thinking on how to move forward. Specific topics may include racial equality in schools, educational resource equity, equal opportunity for students with disabilities, Native American students, and other historically disadvantaged populations, and standards-based reform and expanded school choice as approaches to educational equity. There will be a weekly 2-hour, on-line seminar and discussion. All students will be required to write weekly reflection papers. Students may opt to write a 10-page final paper for an additional unit (3 units - section 02) or an extended 25-page research paper for an additional two units (4 units - section 02). After the term begins, students enrolled in the course can transfer from section 01 (2 units) into section 02 (3 or 4 units) with consent of the instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. This class will meet once a week for two hours. Day and time TBD by instructors.
Last offered: Spring 2020
| Units: 2-4
LAW 7098:
Topics in Constitutional Law
This class will be a hybrid between a group seminar and independent research projects. The seminar will meet over Zoom every other week to cover basic topics in constitutional law, potentially including interpretive methods, federalism and the separation of powers, emergency constitutionalism, and comparative constitutional law. During the alternating weeks, students will meet individually with the instructor over Zoom to discuss readings they are doing independently, either with the aim of working toward a research project or with the goal of exploring different areas of Constitutional Law. Students may opt either to write five shorter responses papers on readings they complete during the quarter or a final research paper (which will count for 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. No automatic grading penalty for late papers. Elements used in grading: Class Participation, Written Assignments, Final Paper. 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.
Last offered: Spring 2020
| Units: 3
LAW 7099:
Optimal Size and Scope of Government
While some political debates are simply efforts to craft a message that will enable the proponent to seize or maintain political power, others are rooted in different conceptions of what government can and should be doing. Opinions about issues ranging from antidiscrimination law, criminal justice, education, poverty, and inequality to gun policy, environmental law, the challenge of climate change, the provision of medical care, national defense, and the need to thwart or respond to pandemics, asteroids, or other rare but potentially catastrophic events are rooted in conceptions of the proper role of government and empirical assessments about its capacities and the benefits and costs from government action or inaction. Based on the course readings and our discussions, those supporting a more limited role of government will be pushed to defend this position and articulate its possible risks and benefits. Those supporting a more activist approach will be pushed to prioritize their programmatic preferences in light of our inherently limited capacity to advance every objective and address every possible problem or threat. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2023
| Units: 2
LAW 7100:
Reconstruction: Adding the Thirteenth, Fourteenth, and Fifteenth Amendments
This course will explore the changes to the Constitution made after the Civil War and their enforcement statutes. Materials will primarily be original source texts, supplemented by selected secondary literature. The majority of class time will be devoted to discussion, based on close reading of the materials. Students will be assigned to take the lead on class discussion on particular topics. Topics will include: (1) the constitutional status of slavery prior to the Civil War; (2) the Emancipation Proclamation; (3) the Thirteenth Amendment; (4) the Civil Rights Act of 1866 and President Johnson's constitutional veto; (4) drafting and ratification of the Fourteenth Amendment, with special emphasis on the citizenship clause, due process, equal protection, privileges and immunities, and congressional enforcement; (5) the Freedman's Bureau Act, Ku Klux Klan Act, Enforcement Acts, and Civil Rights Act of 1871; (6) the Fifteenth Amendment; (7) the Civil Rights Act of 1875; (8) early Supreme Court interpretations, and (9) the collapse of Reconstruction and rise of Jim Crow. Within these topics, we will discuss segregation, affirmative action, the state action doctrine, equality with respect to non-racial characteristics, ratification rules, state sovereign immunity, and the role of electoral politics in constitutional interpretation and enforcement. Note: This is NOT a course on current interpretations of the Reconstruction Amendments, but on their historical background. There are no prerequisites. First year law students and non-law students are welcome. Constitutional Law would be helpful but is not required. Grading. Grades will be based partly (20%) on class participation, and partly on either an in-class exam or a research paper on a topic approved in advance by the instructor. Students will choose between the exam and the paper. Grades for students will be on the Honors/Pass/Restrd Cr/Fail system. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Cross-listed with History 153C (HISTORY 153C).
Last offered: Spring 2023
| Units: 3
LAW 7101:
Election 2020
We are living in extraordinary times. The historic convergence of social, economic, and public health challenges has profoundly impacted the lives of millions of Americans. In the midst of great uncertainty, the 2020 U.S. presidential election will be perhaps the most important in our lifetimes. Will Donald J. Trump win re-election amidst high unemployment, deep political polarization, and the COVID-19 pandemic that has upended life as we know it? Or will Joe Biden and a team of Democrats prevail? We will assemble a wide range of expert speakers--including preeminent political, business, foreign policy, and academic leaders--to explore these questions, and more, as we seek to cultivate a broad and informed view of this pivotal election. Each week, the course will examine major topics at stake for the country. Anticipated topics include: the nation¿s coronavirus response; widening inequality across America; racial violence and nationwide protests; the role of technology and media in the election; the state of our economy; the Supreme Court and the rule of law; education policy; climate change; foreign policy; and voting rights. Elements used in grading: Attendance. Cross-listed with the School of Education (EDUC 157).
Last offered: Autumn 2020
| Units: 1
LAW 7102:
Regulation, Evaluation, and Governance Lab: Practicum
The Regulation, Evaluation, and Governance Lab (RegLab) partners with government agencies to envision how data science can improve administrative governance. Students enrolled in this practicum will be working on projects related to the core mission of the RegLab, using the tools of data science to improve law and governance. The course is open to law and non-law students, with consent of the instructor. Law students may take the course for 1 to 4 units and non-law students may take the course for 1 to 5 units. Students may elect the Honors/Pass/R/F or Mandatory Pass/R/F grading basis. Course units and grade basis must be approved by the instructor and selected when students enroll in the course in Axess. Students have the option to enroll for EL credit (Section 01) or no EL credit (Section 02) with instructor permission. Elements used in grading: Attendance, Performance, Class Participation, Written Assignments, Final Paper. Consent Application: Interested students may apply to enroll in the course by sending a statement of interest to Daniel Ho at dho@law.stanford.edu. Applications will be considered on a rolling basis.
Terms: Win, Spr
| Units: 1-5
| Repeatable
7 times
(up to 30 units total)
LAW 7103:
Race and Policing: Accountability and Civil Liability
This seminar will investigate ways in which policing has served as an instrument of racial subordination and violence in the United States. It will also explore how the primary remedial tool for addressing excesses in policing--42 U.S.C. § 1983, enacted in the Klu Klux Klan Act of 1871 and the third Enforcement statute passed after the Civil War--has functioned. Attention will be given to the criminalization of blackness (and other non-white groups), the pathologies of force, and the development of legal rules (e.g., immunity doctrines and standards concerning municipal liability) in Section 1983 litigation. Casework and litigation strategies will be set alongside readings, both theoretical and pragmatic, drawing from the fields of remedies; political philosophy; legal realism and critical race theory; and traditional doctrine. Students will write several brief reflection papers (roughly two pages) exploring how the assigned readings bear on the general themes of the course, and broader reactions to the readings. A longer paper (roughly 7-8 pages) about any topic related to race and policing is also required. Elements used in grading: Grading will be based on the papers and class participation.
Last offered: Winter 2021
| Units: 2
LAW 7104:
The Youth Justice Lab: Imagining an Anti-Racist Public Education System
This course will take an interdisciplinary approach to these issues by enrolling students from the Law School and the Graduate School of Education. Specifically, partnering with Public Counsel and IntegrateNYC, Youth Justice Lab students will gather and analyze the relevant historical and empirical research, interview and consult with experts in the field, and draft a series of research and policy memos that summarize our research and provide recommendations.
| Units: 2
LAW 7105:
The Law and Policy of America's Safety Net: Examined Through the Great Stress Test of COVID-19
America's social safety net--from health insurance to food support to housing assistance to unemployment insurance--was built over many years and embedded into America's system of federalism, a partnership between the federal and state governments, and America's deep-rooted commitment to a public-private model of shared risk and shared responsibility between the government and private employers. Our safety net is intended to provide a floor to prevent poverty and destitution, to support workers and their families when work is not available either due to the economy or to personal circumstances, and it is intended to also provide for basic human needs such as food, medicine and shelter. The COVID-19 induced recession with millions of lost jobs, lost wages and severe global economic disruption provided the greatest stress test to our modern safety net. This seminar will examine the structure, law and policies of America's social insurance system and safety net. We will examine these social programs through a combination of theoretical readings, court cases, practical policy proposals, and lessons learned from how the system worked or failed during the great stress test provided by COVID-19 and the ensuing recession. The course aims to spur critical thinking about the proper role of government in protecting against certain risks, as well as the appropriate target of the government's interventions. The course will also consider how the changing nature of work, family, technology and the private sector has played in disrupting the existing social safety net and what considerations should be taken into account to strengthen and build the next generation social safety net in America. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Spring 2021
| Units: 3
LAW 7106:
Judging in the 21st Century
Since your first week of law school, you have been reading legal opinions written by judges. Who were those judges and did their identities affect their views? From a judge's perspective, what makes a case hard or easy? Did the process by which the judge was selected--or could be removed from office--influence her or his decision? How do judges make choices about the larger legal ecosystem in which you will practice law? After all, judges determine many aspects of the legal environment in which lawyers operate, from whether you can livestream a court hearing from your phone to whether you will take the bar exam in person or online. Taught by a Justice on a California Court of Appeal, this seminar explores judicial decision making about cases and the court system from a variety of perspectives. It draws from accounts by social scientists, lawyers, and judges themselves, analyzing what judges do and critiquing how they do it. The seminar examines systems of judicial selection, evaluation, and removal in both the federal and state court systems and their potential effects on judicial decision making. We will take up questions such as whether the identity of judges matters to their decisions, how heuristics or implicit biases might influence outcomes, how communities try to choose "good" judges and what they do when those choices go wrong, evaluate efforts to diversify the bench, and consider what lessons might be learned from the experiences of various states in evaluating and electing judges. One theme of the seminar involves the interaction of judges with litigants, the public, and other government actors--on twenty-first-century terms. We will ask how courts should manage questions related to transparency, privacy, access to justice, and technology. We will think about how judges might choose or be compelled to rely on emerging automation technologies, whether simple algorithms or advanced machine learning. We also will consider the extent to which judges do and should take into account the views of executive officials, legislators, nongovernmental organizations, and members of the general public when deciding cases and structuring the legal system. In addition, we will look at ethics rules governing what judges can learn and what they can say. For example, can or should a judge run an experiment that tests a litigant's factual assertion, or, in her free time, write an online product review, lead a religious group, or participate in a commission to improve state government? The seminar will pursue these questions from both theoretical and practical perspectives. Sitting judges from a variety of courts will share their insights with seminar participants. Students will write a research paper on a relevant topic of their choice, and will be encouraged to think critically about how judges make decisions and how courts can be improved in realistic ways. We will think together about how judges and courts can best deliver justice in a changing, contested, unequal, and increasingly complex world. Elements used in grading: Attendance, Class Participation, Written Assignments, Research Paper.
Last offered: Autumn 2022
| Units: 2
LAW 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
LAW 7108:
State Constitutional Law
Most consideration of constitutional law in law school focuses exclusively on the federal constitution. Traditionally, state constitutional law has been a neglected body of law. That may begin to change, as the U.S. Supreme Court makes significant changes to federal constitutional law. We will consider both big-picture questions and many specific areas of law. For example, we will explore a central normative debate about whether state courts interpreting their own state's constitution should follow the approaches to cognate provisions in the federal constitution embraced by the Supreme Court. We will also consider questions about the role of elected judges in constitutional interpretation, and about the processes through which state constitutions are amended. Specific issues we will study include educational equality and school funding; marriage; reproductive rights; race and gender discrimination; criminal justice; election law; and affirmative rights under state constitutions, among others. We will also look at the role of state attorneys general and prosecutors in law reform efforts. I expect to have one or more guest speakers. Special Instructions: 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. The grade will be based on a final exam or research paper, and can be adjusted for participation.
Terms: Aut
| Units: 3
LAW 7109:
Foreign Affairs and the Constitution
This course will cover the constitutional and statutory doctrines at the core of U.S. foreign affairs. Topics will include the distribution of foreign affairs powers among the three branches of the federal government; cooperative and uncooperative federalism; the scope of the treaty power and the role of the Senate; the power of the President to make executive agreements and their status as law in the United States; domestic laws that govern the use of armed force by the United States; and the application of the Constitution outside of U.S. territory and to non-citizens. The course will also consider the special role of the courts in applying international law and in developing doctrines such as the "Act-of-State" and political question doctrines. Current debates in foreign relations law, such as targeted killing abroad, electronic surveillance, and covert action, may be included. Special instructions: Students may write a paper in lieu of the final exam for Research credit. After the term begins, students accepted into the course can transfer from section 01 (exam) into section 02 (paper) which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, final exam or final research 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.
Last offered: Winter 2022
| Units: 2
LAW 7110:
Record-Pressed Revolution: Black Auditory Advocacy and the Late Civil Rights Movement
The movement had all but ended--Malcolm and Martin twin Moseses toward the new decade's Canaan, their people at once led to and lost in Equal Right's promised land. Two Kennedys and administrations sat lost to the threshold too. Tribute to the 60s--many hands made the law's lords work. "The Revolution"--now sponsored by Black Power, deep base, and less faith--was underway, and everywhere. It would not, though, be brought to you/ by Xerox in four parts without commercial interruptions' or show you pictures of Nixon blowing a bugle. Gil told us. The old revolution was dead, long live the Revolution. Much has been written on the turn charted in Scott-Heron's Black Power anthem, expressing the sentiments of a community left to grapple with the consequences of a "rights" mission seen as, but by no means actually, accomplished. The fight for Civil Rights--at least of the sort a government could give--had ended, in no small part thanks to death, disillusionment, and a right-wing government elected by equality's opponents to trim its imagined excesses. Expressed amidst the violence and propaganda of America's smoldering wars (in Vietnam, on dissent, and on dissenters), Scott-Heron's critique of televised politics reads as a response, in part, to the power asymmetries inscribed in the form, as well as the content, of broadcast images. The Revolution would not be televised, because in truth it could not be. It could, though, be reproduced via other means: through sound. Pressed, packaged, and delivered (cheap!) to a living room near you, thanks to Phillips, RCA Victor, media mail postage (which is to say Uncle Sam), and countless others. No less baggage, just different. The Revolution could not be televised, but it could be played for audiences at home. That Revolution--the type pressed in wax along with ink--is the focus of this course. In this study, the Revolution will be considered, listened to, and, if successful, "will be no rerun,[it] will be live." Course Focus: In taking up the media and mechanisms of advocacy animating the Black Power spirit Scott-Heron captures, this course turns our attention backward, revisiting the American moment out of which Scott-Heron's contemporary was born. Keeping the Black Power Movement back-of-mind, this course focuses its attention on the late American Civil Rights era (1963-1969), re-examining Rights Advocacy in this moment through the prism of socio-cultural, rather than institutional, legal and (small c) constitutional change. Reading popular media as a flattened space for socio-legal argumentation, this course traces how a culture moves through and with a populace to reshape conceptions of justice and legality. In doing so, we approach popular media as a critical interlocutor with traditionally privileged socio-legal discourses. Putting the two in conversation, this course aims to rebalance examinations of Black Rights discourse, de-centering rhetorical and legal rights advocacy in examining the rights claims advanced in the period. In doing so, we hope to better understand the mechanisms of socio-legal change, as well as the late Rights Era's relationship to its Black Power permutation. Elements used in grading: Grading will consist of [75%] class participation (attending and contributing to discussion, participating in syllabus creation, etc.) as well as a [25%] collaborative final project whose format is to be decided among course participants. In offering syllabus entries, participants are welcome (and encouraged) to discuss their selections with members of the course before finalizing submissions.
Last offered: Autumn 2021
| Units: 2
LAW 7111:
Lawyering for Change: A Case Study in Efforts to Abolish the Death Penalty
Over the past fifty years, there have been dramatic ebbs and flows in support for, and application of, the death penalty in the United States. Lawyers have played key roles in these shifts--through their in-court work and through other forms of organizing and advocacy. We will begin the seminar by examining the law and politics regarding the Supreme Court's invalidation of all death penalty statutes in 1972, and the central roles lawyers played in that result. We will then turn to states' successful efforts (advanced by lawyers) to secure judicial approval of revised capital-punishment systems in 1976. For the 20 years that followed, support for capital punishment continued to grow, and no state had come close to abolishing the death penalty. Over the past 15 years, by contrast, ten states have abolished capital punishment, and three other states have in place moratoria on executions. The number of death sentences imposed nationally, which reached 315 in 1996, has been 18 for each of the past two years. This seminar endeavors to understand the rise and fall of the death penalty by way of an extended case study of the State of Illinois--a particularly interesting jurisdiction because of the dramatic events leading to abolition and the rapid pace of change: in an eight-year period, it went from a death row of 171 to outright abolition of the death penalty. We will focus especially on the roles that lawyers played in bringing about this transformation, both in their service on individual cases and also as advocates in the service of a movement. The aim of the seminar is to invite a broad, yet critical understanding of the ways in which lawyers have been and can be instruments of social change--lessons that resonate well beyond the field of capital punishment. Students may elect to write a substantial research paper (on a topic to be decided upon after consultation with the instructor) or a series of short response papers. 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.
Last offered: Spring 2022
| Units: 2
LAW 7113:
Constitutional Crises from the Founding to the Present
This course focuses on episodes of heightened political conflict that have been framed in constitutional terms. Each of the episodes has raised anxieties about the capacity of the constitutional order to resolve severe conflict. Much current constitutional doctrine emerged from them. Topics include the Civil War, the New Deal, and the Civil Rights Movement; the dispossession of the Cherokee Indians in the Jackson era and the internment of Japanese-Americans in World War II; the elections of 1800, 1876, 2000, and 2020; and the impeachments of Andrew Johnson, Richard Nixon, and Bill Clinton. We will consider how the Constitution's provisions on the structure of government shape conflict and the extent to which its guarantees of rights protect vulnerable people in times of political turmoil. Elements used in grading: Attendance, Class Participation, Final Exam.
Last offered: Winter 2023
| Units: 3
LAW 7114:
Temporary Leadership in Government and Business
Temporary leaders exist in almost every sector--acting cabinet secretaries, interim chief executive officers, interim university presidents, temporary pastors, interim coaches, to name just a few. In many roles, they abound as more permanent leaders are often missing. In some sectors, they are women and persons of color, breaking into roles that they had not held before. Commentators often lump temporary leaders into an amorphous caretaker category, with underwhelming performance, but that placement often does not match what interim officials are doing. This seminar will focus on temporary leaders in government and business, but use other sectors as relevant. Drawing on legal materials, social science research, business studies, historical examples, and guest speakers, it will explore the causes and consequences of interim leaders as well as the constraints under which they operate. The seminar will also consider how such leaders could be more effective and how interim officials can become more permanent leaders. Requirements will include multiple writing assignments (including short reading reflections and a 10-15 page paper on a relevant topic or interim leader). Elements used in grading: Attendance, class participation, written assignments, final paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (https://law.stanford.edu/education/courses/consent-of-instructor-forms/) by August 31, 2022.
Last offered: Autumn 2022
| Units: 2
LAW 7115:
Thinking in Systems
Virtually every public policy has causes and consequences beyond those that are intended or immediately visible. This is true of criminal law policies that use algorithmic predictions of flight before trial; environmental policies involving greenhouse gas emissions and conventional pollutants; and social and health policies that address homelessness, institutional racism, and the distribution of Covid vaccines, to name just a few examples. The causes of the problems that these policies seek to address are complex. As a result, these policies often fail and sometimes have unintended adverse consequences. "Systems thinking" is a framework that describes the web of associations in which such policies reside, with the goals of understanding the multiple causes of problems and designing policies that lead to stable, positive changes. Thinking in systems and learning to map systems, are core skills for policy makers. After several introductory classes devoted to learning these concepts and learning how to use the web-based systems mapping tool, Kumu, students will work on systems design projects of their choice. Elements used in grading: Attendance, Projects, Final Paper. 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
| Units: 2
LAW 7116:
Carceral Borders
This seminar will explore the intersection of U.S. criminal law and immigration law enforcement, including: the bureaucratic bonds between the criminal law enforcement and immigration law enforcement systems; the effect of citizenship status on criminal legal processes and outcomes; the immigration consequences of criminal convictions; the procedural rules and norms governing the policing of crimes of migration; the policing of the border region and immigrant communities; the punishment of noncitizens; and the extraterritorial reach of the criminal law. The focus will be primarily domestic, but we will pay some attention to comparative developments. Special Instructions: Grades will be based on class participation; a short writing assignment analyzing the immigration consequences of a criminal plea deal; and either (1) a short writing assignment in the form of an op-ed or research proposal (two units) or (2) a long research paper with consent of the instructor (three units). 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.
Last offered: Autumn 2022
| Units: 2-3
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 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: 2-3
LAW 7118:
Leadership Vacuums in Government and Business: Law and Strategy of Temporary Leaders
Temporary leaders exist in almost every sector--acting cabinet secretaries and agency heads, interim chief executive officers, interim university presidents and deans, temporary pastors, interim sports coaches, to name just a few. In many roles, they abound as more permanent leaders are often missing. Commentators typically lump temporary leaders into an amorphous caretaker category, with underwhelming performance, but that placement often does not match what interim officials are doing. In some sectors, we see women and persons of color breaking into roles they had not held before. This seminar will focus on temporary leaders in government and business, but use other sectors as relevant. Drawing on legal materials, social science research, business studies, historical examples, and guest speakers, it will explore the causes and consequences of interim leaders as well as the constraints under which they operate. The seminar will also consider how such leaders could be more effective and how interim officials can become more permanent leaders. Requirements will include short reading reflections and a 10-15 page paper on a relevant topic or interim leader. Elements used in grading: Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2023
| Units: 2
LAW 7119:
How Cities Can Save the World
In our cities, we find the greatest concentrations of the world's great problems--poverty, homelessness, violent crime, and GHG emissions, to name a few. So too, cities present many of the most innovative, impactful solutions to these challenges. In this seminar, we'll look at three great challenges that confront Americans--the dearth of affordable housing, the growing impacts of climate change, and violent crime--in the urban context. We'll explore the legal, fiscal, and political limitations that constrain the terrain of local policymaking, and we will assess best practices among cities for enacting meaningful change within that landscape. Readings and discussion will overwhelmingly focus on U.S. cities, but we will consider a few examples from abroad as well. We will seek to move beyond familiar ideological battles to emphasize outcomes, evidence-based solutions, and analytical rigor. From contemporary academic studies and journals, news articles, case law, and guest speakers, students will gain an appreciation for cities as policy laboratories for pragmatic solutions that often elude binary labelling as "progressive" or "conservative." Students will be better prepared to understand and engage in cities as civic leaders, legal advisors or adversaries, participants in economic transactions, and constituents. This class is limited to 25 students, with an effort made to have students from SLS (15 by lottery) and 10 non-law students by consent of the instructor. Admitted non-law students should forward instructor consent to Grete Howland greteh@stanford.edu for a permission number to enroll in PUBLPOL 165 or Sonia Chan Schan23@stanford.edu to enroll in URBANST 166. Elements used in grading: Class Participation, Written Assignments, and Final Paper. Cross-listed with Public Policy (PUBLPOL 165) and Urban Studies (URBANST 166). NOTE: Due to similar content, students enrolled Confronting Our Housing and Homelessness Crises: Policy, Politics, and the Law (LAW 7128/URBANST 166/URBANST 171) may not enroll in How Cities Can Save the World (LAW 7119/PUBLPOL 165/URBANST 166).
Last offered: Spring 2023
| Units: 3
LAW 7120:
Immigration, Citizenship, and Rights
This course will delve into some of the U.S. laws and policies governing immigration and citizenship. It is designed for students who have taken the basic immigration course or have equivalent academic or work exposure to immigration law. The class will focus on four major topic area: 1) immigration policing (including the bureaucratic bonds between the criminal and immigration law enforcement systems, the evolving nature of border enforcement and asylum processes, state and local efforts to criminalize migration, and the role of race in immigration policing); 2) the immigration consequences of criminal legal system contact (including the effect of citizenship status on criminal legal processes and outcomes, and the immigration consequences of criminal convictions); 3) citizenship and political participation (including limits on noncitizen access to education and voting); and 4) citizenship exclusions and loss (including historic and ongoing exclusions from citizenship, and denaturalization). Course coverage may change depending on unfolding events and student interest. Elements used in grading: Class participation and attendance; writing assignments; and an in-class final examination.
Terms: Aut
| Units: 3
LAW 7121:
Political Transitions
Course description: TBA
Terms: Win
| Units: 2
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 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 7123:
Public Law Workshop
This seminar will examine current research by legal and other scholars on a variety of topics in public law. Topics may include administrative law and the federal bureaucracy, constitutional history and theory, constitutional law, criminal law, national security, and procedural law. Each session of the seminar will consist of an invited speaker, usually from another university, who will discuss an ongoing project. Students will be required to submit proposed questions in advance of each session and write three short essays reflecting on guest speakers' papers. 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
| Units: 2
LAW 7124:
The Role of Inspectors General in Promoting Government Accountability
Inspectors general are some of the most important government officials you have never heard of. They seek to detect and deter waste, fraud, and abuse in government operations, and improve their efficiency and effectiveness. They provide an independent check on government and hold powerful government officials accountable. This seminar will explore the crucial oversight role and responsibilities of inspectors general and other government oversight entities. Students will examine the history of inspectors general, their responsibilities, their legal authorities, their relationships with their agencies and other government oversight entities, and the need to strengthen and reform our system of government oversight. Students will also discuss whether the federal judiciary needs an inspector general. In the winter quarter, the seminar will meet on Wednesdays from 4:15 to 6:15. The first hour of most sessions will involve a discussion of the week's topic. In the second hour, students will often hear from a speaker, including current and former inspectors general and leaders of oversight organizations, about the issues they faced as well as the satisfactions and challenges of public service. Most speakers will participate remotely. Students will be expected to submit questions for the speaker in advance, based on the week's reading, and students will have an opportunity to ask the speaker their questions or other questions. Elements used in grading include attendance and class participation, questions submitted for the speaker, and a final paper.
Terms: Win
| Units: 2
LAW 7125:
The Changing Media Landscape, Free Speech and the Law
Thomas Jefferson, much as he hated the press when he was President, believed firmly in the value of a free press. He most famously said: "The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." The business of media has radically changed and over the past 20 years with the introduction of the internet and the inevitable fragmentation that followed, together with the introduction of social media. Many traditional sources of news are struggling to stay viable and cutting staff, while new sources of news, including anyone with a twitter or Tik Tok account, proliferate -- with much consumer confusion about what sources are credible. In this course we will cover a range of topics: from Johnny Depp's defamation case against Amber Heard; to Elon Musk and the tweets that prompted the SEC to file suit; to the Pentagon papers and The Washington Post and more. Elements used in grading: Attendance, class participation and a group in class presentation on a topic of the groups choice. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. S-Term early start for Autumn Quarter. Class meets 10:00AM-12:00PM on September 11, 12, 13, 15, 18, 19, 20, & 21. Class dinner, 6:00PM-8:00PM on Thursday, September 14.
Terms: Aut
| Units: 2
LAW 7127:
Advanced Topics in Federal Courts
We will take a "deep dive" into some of the most interesting and contentious issues in the "federal courts" space. Illustrative topics might include any or all of the following: (1) Jurisdiction-stripping (Can Congress eliminate the Supreme Court's jurisdiction to hear certain types of cases, and if so, under what circumstances?); (2) Standing doctrine (Is the "injury-in-fact" requirement made up, and might there be a better way to think about the case-or-controversy requirement?); (3) Habeas corpus (What role should innocence play?); (4) Eleventh Amendment (What should we do when constitutional text and history seem to point in different directions?); and (5) Qualified immunity (Where did it come from, what are the relevant policy justifications and critiques, and can current doctrine be squared with 42 U.S.C. 1983's plain language?). Readings will include judicial opinions and journal articles. We will aim to tackle one topic per session. Judge Newsom will introduce the topic and lead the discussion, and he will encourage vigorous classroom discussion. Grading: Students will write a short "thought piece" (NOT a research paper), due by the end of the fall quarter (NOT at the end of the two-week class period). Students are encouraged--but by no means required--to consider turning their thought pieces into more substantial written works for publication. Class will meet Tuesday, September 26 (6:30 p.m. - 9:30 p.m.), Wednesday, September 27 (6:30 p.m. - 9:30 p.m.), Thursday, September 28 6:30 p.m. - 9:30 p.m.), Monday, October 2 (6:30 p.m. - 8:30 p.m.), Tuesday, October 3 (6:30 p.m. - 8:30 p.m.), Wednesday, October 4 (6:30 p.m. - 9:30 p.m.), and Thursday, October 5 (6:30 p.m. - 8:30 p.m.).
Terms: Aut
| Units: 2
LAW 7128:
Confronting Our Housing and Homelessness Crises: Policy, Politics, and the Law
In virtually every major U.S. city, the lack of affordable housing or homelessness (or both) constitutes the most urgent concern to residents. Amid ample hang-wringing by politicians, pundits, and the press, the human toll of the housing affordability crises has only worsened. This class will focus on solutions to this crisis. Solutions abound, but implementing them at scale requires understanding--and navigating--the legal, economic, and political constraints faced by decision makers. It's in large cities where we see the problem most acutely, but where we also see America's most innovative solutions. So, this class--taught by the former mayor of one of America's dozen largest cities-- will have a decidedly urban focus. While the local entitlement and development process will provide a starting point, the class will also delve into key elements of state and federal policy and law that shape the local responses to these crises. An eclectic set of sources --studies, court opinions, consultant reports, economic meta-analyses, news accounts and an occasional guest lecturer-- will support class discussion. The class will be taught with a bias against the ideological, eschewing progressive or conservative "quick fixes," and emphasizing problem-solving, pragmatism, an openness to opposing viewpoints, and a willingness to acknowledge the trade-offs in every approach. Students will be expected to persuasively advocate for specific solutions--in class discussion and in writing-- and to demonstrate an understanding of the limitations of those solutions. Elements used in grading: Class Participation, Written Assignments. This class is limited to 35 students, with an effort made to have students from SLS (25 students by lottery) and up to 10 non-law students with consent of the instructor. Law students may bid for LAW 7128 via the Law Lottery in Axess. Non-law students may enroll in PUBLPOL 171 up to a maximum of 10 with consent of the instructor. Cross-listed with Public Policy (PUBLPOL 171) and Urban Studies (URBANST 175). NOTE: Due to similar content, students enrolled in How Cities Can Save the World ( LAW 7119/PUBLPOL 165/URBANST 166), may not enroll in Confronting Our Housing and Homelessness Crises: Policy, Politics, and the Law (LAW 7128/URBANST 166/URBANST 175).
Terms: Aut
| Units: 3
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
LAW 7501:
Carrots, Sticks, Norms, and Nudges: Changing Minds and Behaviors
In this class, we will survey the current state of the science of behavior change. By the 1990s, social scientists had already built a massive literature on this topic, and an integrative consensus theoretical framework began to emerge. But in the past decade, this literature has been revitalized by dramatic new ideas and technologies, as well as significant improvements in evaluation methodology. We will focus on four types of strategies that apply equally to influence efforts by individuals, communities, non-profits, for-profits, and government: (1) Carrots: Positive incentives (rewards, awards, praise, recognition, discounts, rebates, property rights, etc.); (2) Sticks: Negative incentives (punishments, fines, shaming, guilt or liability verdicts, costs, etc.); (3) Norms: What other people believe I should do, and what I see others actually do (tipping points, bandwagons, cascades, herding, etc.); and (4) Nudges: Traditional methods of persuasion; use of defaults to encourage certain behaviors; engineering the environment; harm reduction for risky behaviors. We will examine the "how" and "why" and "when" of these approaches, but also their normative implications for ethics, justice, and public welfare. Course requirements include class attendance and participation, and five short written assignments. For Research "R" credit, students may petition to complete one long paper 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: Class participation, attendance, written assignments and/or final paper.
Last offered: Autumn 2022
| Units: 3
LAW 7502:
Economic Analysis of Law
This course will provide a broad overview of the scholarly field known as "law and economics." The focus will be on how legal rules and institutions can correct market failures. We will discuss the economic function of contracts and, when contracts fail or are not feasible, the role of legal remedies to resolve disputes. We will also discuss at some length the choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors, such as regulatory authorities. Extensive attention will be given to the economics of litigation, and to how private incentives to bring lawsuits differ from the social value of litigation. The economic motive to commit crimes, and the optimal governmental response to crime, will be studied in depth. Specific topics within the preceding broad themes include: the Coase Theorem; the tradeoff between the certainty and severity of punishment; the choice between ex ante and ex post sanctions; negligence versus strict liability; property rules; remedies for breach of contract; and the American rule versus the English rule for allocating litigation costs. There is no formal economics prerequisite to take this course, though some prior training in economics will be helpful. Elements used in grading: Final exam (open-book) plus three short take-home problems during the quarter. Cross-listed with Public Policy (PUBLPOL 302B). (For students interested in a shorter introduction to economic analysis of law, see Law 7503, "Introduction to Law and Economics," which is a one-unit course also offered during the winter quarter that is graded on a mandatory pass-fail basis.)
Terms: Win
| Units: 3
LAW 7503:
Introduction to Law and Economics
This course will introduce students to the "law and economics" way of thinking about the legal system. It is designed primarily for students who have little or no prior training in economics and who are unlikely to take more advanced courses in the field (such as the 3 unit Law 7502, "Economic Analysis of Law"). This class will meet for six 1.5 hour sessions during the first part of the quarter. We will focus on the core bodies of law taught to first-year law students: tort law, contract law, property law, criminal law, and civil procedure. For each of these bodies of law, the economic approach will be described in non-technical terms and then this approach will be used to examine a key case or key issue within that body of law. First-year law students are especially welcome in this course. There are no prerequisites to take this course. Elements used in grading: Two short take-home exercises (graded on a mandatory pass-fail basis).
Terms: Win
| Units: 1
LAW 7504:
Introduction to Organizational Behavior
(Formerly Law 327) Why do firms exist? Is their sustained success in markets possible? How do leaders choose and execute on a strategy? What should the role of firms be in society? This course will meet once a week to discuss these questions and others about business enterprise. Each week we will focus on interesting and engaging case studies that illustrate key components of strategic management in firms in the U.S. and abroad. The course is designed to be highly interactive, and the principles taught during this course can help students prepare for careers in which they will need to employ strategic thinking. Due to the interactive nature of the course, attendance and in-class participation are graded components. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2017
| Units: 3
LAW 7505:
Law and Economics of the Death Penalty Seminar
This seminar will examine the legal and policy aspects of a capital punishment regime, with a focus on three primary issues: 1) the Supreme Court's forty-year effort to define what cases can permissibly receive the death penalty and the procedures under which it must be imposed; 2) the arguments for and against the death penalty, with a major focus on whether the death penalty deters, is administered in a racially biased way, or is otherwise implemented in an arbitrary and capricious manner; and 3) what the U.S. and international status of the death penalty is today and what the prospects are for the future in the wake of Justice Breyer's invitation in June 2015 to the Court to rule on the constitutionality of capital punishment in light of the existing empirical evidence. The principle text in the class will be Steiker and Steiker, Courting Death: The Supreme Court and Capital Punishment. Although the readings on deterrence and racial discrimination will entail some substantial statistical analysis, a background in statistics, though helpful, will not be required. Special Instructions: After the term begins, students 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 the paper length. Elements used in grading seminar: attendance, class participation, short response papers, and final paper or approved research with the professor.
Last offered: Autumn 2021
| Units: 2-3
LAW 7506:
Law and Economics Seminar I
This seminar will examine current research by lawyers and economists on a variety of topics in law and economics. Several sessions of the seminar will consist of an invited speaker, usually from another university, who will discuss his or her current research. Representative of these sessions have been discussions of compensation for government regulations and takings, liability rules for controlling accidents, the definition of markets in antitrust analysis, the role of the government as a controlling shareholder, and optimal drug patent length. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a law and economics topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. (You may write a single longer paper for two quarters if you enroll in the Seminar in the Winter as well.) Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit, 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. There is no formal economics prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in economics. Students may take both Law and Economics Seminar I and Law and Economics Seminar II in either order (neither is a prerequisite for the other). This seminar is cross-listed with the Economics Department (same as Econ 354). Elements used in grading: Four commentaries or one research paper. Special note: Professor Polinsky will be the principal instructor, with Professor Donohue participating mainly when there are guest speakers. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (https://law.stanford.edu/education/courses/consent-of-instructor-forms/). See Consent Application Form for instructions and submission deadline.
Last offered: Autumn 2022
| Units: 2-3
LAW 7507:
Law and Economics Seminar (W)
This seminar will examine current research by lawyers and economists on a variety of topics in law and economics. Several sessions of the seminar will consist of an invited speaker, usually from another university, who will discuss his or her current research. Representative of these sessions have been discussions of compensation for government regulations and takings, liability rules for controlling accidents, the definition of markets in antitrust analysis, the role of the government as a controlling shareholder, and optimal drug patent length. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single research paper on a law and economics topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. (You may write a single longer paper for two quarters if you enroll in the Seminar in the Autumn as well.) Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit, 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. There is no formal economics prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in economics. Students may take both Law and Economics Seminar (A) and Law and Economics Seminar (W) in either order (neither is a prerequisite for the other). Elements used in grading: Four commentaries or one research paper. Cross-listed with Economics (ECON 354). 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: 2-3
LAW 7508:
Problem Solving and Decision Making for Public Policy and Social Change
Stanford graduates will play important roles in solving many of today's and tomorrow's major societal problems--in areas such as education, health, energy, and domestic and global poverty--that call for actions by nonprofit, business, and hybrid organizations as well as governments. This course teaches skills and bodies of knowledge relevant to these roles, covering topics such as designing, implementing, and evaluating social strategies; systems thinking; decision making under risk; psychological biases that adversely affect people's decisions; and approaches to influencing behavior. The large majority of the course will be devoted to students working in teams to apply these concepts and tools to a problem of their choice. The course may be of interest to students in Law and Policy Lab practicums who wish to broaden their policy analysis skills. Law School holds classes on February 20, Presidents' Day.
Terms: Win
| Units: 3
LAW 7509:
Bayesian Statistics and Econometrics
This course examines econometrics from a Bayesian perspective including linear and nonlinear regression, covariance structures, panel data, qualitative variable models, nonparametric and semiparametric methods, time series, Bayesian model averaging and variable selection. It explores Bayesian methodology including Markov Chain Monte Carlo methods, hierarchical models, model checking, mixture models, empirical Bayes approaches, approximations, and computational issues and gives some attention to foundations. Elements used in grading: Attendance, Class Participation, Exam.
Last offered: Spring 2021
| Units: 4
LAW 7510:
Empirical Legal Studies: Research Design
Empirical legal studies have become trendy in the U.S. and are now spreading to law faculties in other countries as well. The popular image of an empirical study is that it involves sophisticated statistical analysis of quantitative data. Often the author of the study starts with a handy dataset and then tries to figure out what question he or she can answer using those data. Useful empirical studies of law and other topics don't start this way. Instead the researcher has a question, derived from theoretical literature or policy debate (or both) and faces the challenge of deciding what types of empirical data, collected and analyzed in what fashion, will best answer that question. The possibilities range from "big data" analyses of hundreds or thousands of documents, tweets or something similar to lengthy, intensive interviews with a few well-placed officials or informants, with just about any other way one might collect factual data -- e.g. online surveys, courtroom observations -- in between. What all of these approaches have in common is not that they involve numeric data but that they attempt to arrive at as objective a view of social, economic, or political reality as is possible. Learning how to design and conduct a survey or how to estimate a regression model or apply AI to vast numbers of texts is (relatively speaking) easy. There are lots of courses at Stanford that you can take on these methods. Learning what approaches are most appropriate to answer the research questions you are interested in is much harder. This seminar is directed at helping you think through the design of an empirical research project -- whether quantitative, qualitative or both -- from identifying researchable questions to collecting and analyzing data to presenting your results to academic or policy audiences. You will start with a broad question (or several questions) of interest to you, based on your previous experience, other studies or reading. By the end of the seminar you will have identified questions you can investigate empirically (perhaps in addition to theoretically) and figured out what research approach(es) will work best for you. The product of the seminar will be a preliminary research proposal, whether for your master's thesis this year or some other purpose in the future. Although plans for the fall quarter are still somewhat in flux, I expect to teach this seminar online with the assistance of the SPILS teaching fellow. I hope it will be possible to meet in person at the beginning of the quarter for a few introductory sessions to begin to get to know each other. In any event, I will be available throughout the quarter for one-on-one zoom sessions to discuss your research. Special Instructions: JD students can take the class with consent of the instructor. After the term begins, JD students accepted into the course can transfer from section (01) into section (02), which can potentially satisfy the R requirement, with consent of the instructor. Consent Application for JD students: To apply for this course, JD students must e-mail the instructors for permission to enroll. This course is REQUIRED for all SPILS fellows and BY CONSENT for all other students. Interested students should email the instructor for consent to enroll. Elements used in grading: Class participation, attendance, written assignments and final paper.
Terms: Aut
| Units: 3-4
LAW 7511:
Sociology of Law
This course explores major issues and debates in the sociology of law. Topics include historical perspectives on the origins of law; rationality and legal sanctions; normative decision making and morality; cognitive decision making; crime and deviance, with particular attention to the problem of mass incarceration; the "law in action" versus the "law on the books;" organizational responses to law, particularly in the context of sexual harassment and discrimination in education and employment; the roles of lawyers, judges, and juries; and law and social change with particular emphasis on the American civil rights movement. Special Instructions: Students are expected to attend a weekly TA-led discussion section in addition to lecture. Sections will be scheduled after the start of term at times when all students can attend. Paper requirements are flexible. Cross listed with the Sociology Department (Soc 136/236). See "Special Instructions" in course description above. Elements Used in Grading: Class participation, paper proposal, three short papers and a final paper (see syllabus for details).
Terms: Win
| Units: 3-4
LAW 7512:
Statistical Inference in Law
Drawing inferences from quantitative data lies at the heart of many legal and policy decisions. This course provides the tools, concepts, and framework for lawyers to become sophisticated consumers of quantitative evidence and social science. The course will begin with an overview of basic statistical concepts that will bring everyone to the point where they can read and evaluate empirical studies. We will then focus on a number of empirical debates -- for example, does the death penalty deter murder, do concealed handgun laws influence crime -- as a springboard to teach the logic and terminology of statistical/econometric evaluation of law and policy (regression, statistical significance, identification). No background, beyond high school algebra, is assumed. Anyone who 1) will work in litigation (whether corporate, securities, antitrust, employment discrimination, environmental law) or in public policy, 2) wants to be a better citizen or 3) wants to understand the challenges of establishing causal relationships, and who doesn't already have a strong understanding of statistics will find this course useful. Elements Used in Grading: Attendance, written and oral assignments, response papers, and a final project. To avoid math phobias and fears about ringers from the econ or stats departments, the course is graded as a mandatory pass-fail course.
Terms: Win
| Units: 3
LAW 7514:
Behavioral Law and Economics
The field of "law and economics" provides important lessons for how legal institutions should be designed, but many of those lessons rely on the assumption that individuals behave in a way that maximizes their self-interest. Research from psychology and behavioral economics casts doubt on this assumption in many legal contexts. This seminar will explore a range of topics about human decision-making, focusing on how research in this area should inform the design of policy. 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.
Last offered: Spring 2019
| Units: 2-3
LAW 7515:
Law and the New Political Economy
In this seminar, we consider key legal topics through the lens of political economy -- that is, is the interplay among economics, law, and politics. This perspective has had a powerful and growing impact on how scholars and judges view the nature and scope of law and politics in the modern regulatory state. We look at a range of topics from this perspective, including: constitutional law, statutory interpretation, administrative law and regulation, and jurisprudence -- all with an eye toward better understanding the dynamic interaction among law, politics, and social change. There are no prerequisites for this seminar. Elements used in grading: The final assignment will be a substantial research paper. Cross-listed with Political Science (POLISCI 225L/325L).
Last offered: Autumn 2018
| Units: 3
LAW 7518:
Social Science of Identity and Prejudice
This a one-unit, Law Mandatory P/R/F course that grows out of the recommendations of the 2018 Faculty and Student Working Group on Diversity and Inclusion. The course is built around a series of outside speakers on identity and prejudice. These speakers will include the sociologist Lawrence Bobo (W.E.B. Du Bois Professor of Social Sciences at Harvard) and the psychologist Mahzarin Benaji (Richard Clark Cabot Professor of Social Ethics at Harvard). The lectures will be open to all members of the Stanford community. Students who wish to get course credit will be required to attend the lectures, participate in faculty and student-led discussions and write reflection papers. The course consists of 10 hours of lecture and discussion. The course is formally offered in the Spring Quarter, 2019 and credit for the course will be given at that time. However, the lectures and discussions will take place throughout the school year. The first of the lectures will take place on Wednesday, October 31 at 4 pm. Students unable to attend the lecture on October 31 may still participate in the upcoming lectures to be announced. Students who wish to take the course should sign up now so as to be notified of the time of the lectures and discussion sessions. Students with questions about the course should email Joseph Bankman at jbankman@stanford.edu. Begin in Autumn Quarter and run through Spring Quarter. 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.
Last offered: Spring 2019
| Units: 1
LAW 7519:
Empirical Legal Studies Workshop
Empirical Legal Studies uses data to inform legal and policy debates. Traditional empirical legal scholarship uses methods such as observational studies and experiments to examine the effects of various policies or legal decisions. More recently, advancements in technology have given rise to a new strand of research that uses tools such as machine learning and natural language processing to study legally relevant datasets at a large scale ("Big Data"). This seminar will present a range of topics that highlight current empirical legal scholarship in these areas. A theme of the course will be comparing and contrasting traditional empirical approaches with the techniques emerging from machine learning and big data. During roughly half of the sessions, we will host a guest speaker who will present an ongoing empirical research project. Familiarity with data science or statistics is not required. Special Instructions: You may write a series of short commentaries on the guest speakers' papers, of which there will be four. Students electing this option will be graded on a Mandatory Pass/Restricted Credit/Fail basis and receive 2 units of credit. Alternatively, you may write a single empirical research paper on a legal topic of your choice. This will satisfy the Law School's Research requirement. These papers will be graded on an Honors/Pass/Restricted Credit/Fail basis. Students taking the seminar for R credit can take the seminar for either 2 or 3 units of credit (section 02), depending on the project. 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. There is no formal prerequisite to take this seminar, though students doing the longer research papers typically have some prior training in statistics. Elements used in grading: Attendance, Class Participation, Four commentaries or one research paper.
Last offered: Spring 2020
| Units: 2-3
LAW 7520:
Learning from Evidence
Many legal and policy debates rest on central claims that are either true or false. Does hiring more police officers reduce crime? Does increasing the minimum wage lead to reduced employment? Do risk assessment tools help judges identify defendants with a high recidivism risk? Most of these questions have been studied extensively, but the findings are often conflicting, making it difficult to identify effective solutions to pressing, societal problems. This course is designed to help students evaluate empirical research findings and to distinguish studies that are credible from those that are less credible. We will spend a significant amount of time understanding the markers of strong research designs and how to communicate findings transparently and effectively. The course focuses exclusively on the concepts underlying (social) scientific research, not their inner machinations. Among others, this means that mathematical / statistical training is neither required nor acquired during the course. Everything we will cover will be based on plain language and intuitive, visual aids like figures and charts. Still, those with extensive technical training will sometimes have spent significant time thinking through difficult concepts like causality. To avoid the impact of potential discrepancies in student preparedness, the course is graded as a mandatory pass-fail course. Elements used in grading: Attendance, class participation, written assignments.
Terms: Win
| Units: 3
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 7801:
Leadership and Influence Skills for Lawyers
You want to do important, meaningful, and impactful work. You've got the legal skills and the intellectual firepower, but leaders in law and business are looking for more than that from their trusted advisors. They want attorneys who not only excel at issue spotting, but also strategic problem solving, communication and the ability to deal with ambiguity and complexity. Research demonstrates that these skills can be learned and strengthened. Using neuroscience techniques to optimize adult learning, students will develop skills in strategic decision making, influence techniques, motivating others to work toward shared goals and adapting communication styles for clients and colleagues. This is a hands-on class, with a focus on classroom exercises and short reflection papers, designed to help students use their past and current experiences to identify areas for development and create new habits for success. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program. Elements used in grading: Class participation and attendance, course exercises and written assignments.
Terms: Win
| Units: 2
LAW 7802:
Accounting
This course covers basic accounting principles. Please note that this class differs from a typical introductory accounting class as it is more law-based. Class time will be allocated to a combination of short lectures, group work, and discussions of the assigned readings. Evaluation will be based on problem sets assigned throughout the quarter. This class is suitable for students who plan to work in transactional law or in litigation. Elements used in grading: Written Assignments.
Terms: Aut
| Units: 3
LAW 7803:
Contemporary Dispute Resolution and the Vanishing Trial
The emergence of the "multi-door" courthouse and the rapid growth of private alternative dispute resolution (ADR) providers has re-shaped the litigation landscape. Today, civil litigators face "process pluralism" both in our courts and the private sector in which lawyers represent clients in arbitrations, mediations, and a broad range of hybrid processes. This course seeks to provide students with an overview of the policies, options, and strategies confronting lawyers as society increasingly turns to alternative forms of dispute resolution. The growth of ADR processes reflects its perceived benefits to parties, by comparison to court-based adjudication. In this seminar we will take a critical look at both arbitration and mediation. The goal is for you to understand the law and policy behind these alternatives and to be able to provide effective counseling and representation in ADR processes. We will learn about the public and private law that governs arbitration and mediation agreements and proceedings; discuss how these processes "work" in resolving actual disputes; and consider the controversies that have arisen in recent years over the use of ADR in different contexts. Elements used in grading: class participation, discussion, two written assignments, exam.
Terms: Win
| Units: 3
LAW 7804:
Alternative Dispute Resolution: Practicum
Effective client representation increasingly calls for lawyers with skill within a broad range of alternative dispute resolution processes. In this course, you will have the opportunity to observe two day-long ADR processes being handled by Bay Area third-party neutral practitioners at the U.S.D.C. for Northern California and JAMS. Students in the class will meet three times to review relevant law and policy, and to discuss observed cases, including a factual and legal analysis of the observed cases, the practice skills of the respective counsel and mediators, and any ethical issues noted. Grades will be based on seminar participation and two short papers. Co- or Prerequisites: Mediation or ADR. Elements used in grading: Class participation, attendance and written 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.
Last offered: Spring 2020
| Units: 2
LAW 7805:
Career Development: Alchemy, Law, and Practice
Career development is embedded in life development. This course offers a space and time for each student to consider both through course materials, class interactions, and a series of reflection papers. The course includes one class facilitated in collaboration with the Office of Career Services focusing on a formal assessment via one or more psychological tests offered to each student. The materials for other class meetings are thought provoking works that have proven to be salient for considering career and life direction. Images and material from alchemy that embody what many consider to be a primary set of symbols for personal transformation provide a backdrop for the course. The course benefits from the collaboration of Michael Guasperini, a mythologist and lawyer whose primary vocation is working intimately with lawyers and firms during periods of personal and institutional transition. Mr. Guasperini has deep experience with the personal lives of hundreds of lawyers at various ages and levels of professional development, providing a valuable and practical perspective for self-reflection. Elements used in grading: Written Assignments (reflection papers).
Last offered: Spring 2020
| Units: 2
LAW 7806:
Redesigning Dispute Systems
Lawyers are often called upon to apply their creative skills to help design systems (comprised of one or more processes) for preventing, managing, and resolving conflicts. Examples span many domains: 1. what combination of international and domestic processes would facilitate cross-border e-commerce and protect consumers? Who should decide--consumer protection agencies? Merchants? Consumers? 2. a corporate general counsel and the director of human resources are tasked by senior management with proposing ways to decrease the number of employee disputes and reduce turnover; 3. in the era of the COVID pandemic, courts have been called upon to continue service to the public using online resources, yet maintain due process and just outcomes; 4. San Francisco Human Rights Commission has formed an African American Reparations Advisory Committee to make recommendations to the San Francisco Board of Supervisors. In each example, a lawyer, businessperson, nonprofit manager, or public official (working alone or with others) must address not just a single dispute but a stream of disputes over time. Lawyers often lead the design, redesign and implementation of these conflict resolution systems. Increasingly these systems utilize technology to improve efficiency, accessibility, and transparency for disputants. In this class we will apply an analytic framework (including stakeholder assessment and conflict resolution process options) to a series of case studies and use simulations to understand different kinds of dispute systems. We will also examine the growing use of online dispute resolution (ODR), the new challenges it poses to neutrals and system designers, and evolving best practices for the use of technology in dispute system design. Special Instructions: Grades will be based on class participation and Option 1 (section 01) a series of weekly short written assignments plus a 10-page case study; or Option 2 (section 02) weekly short written assignments plus a 26-page 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 7821) is preferred but not required. Elements used in grading: Class participation, attendance, written assignments, and final paper. Attendance at the first class is mandatory.
Terms: Aut
| Units: 3
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 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
LAW 7808:
Foreign and International Legal Research
This course will introduce students to concepts and skills used in international and foreign law research. Students will learn to construct successful research strategies for questions of foreign law, public international law, and private international law. Both primary and secondary authority will be covered in various formats. Students will understand how different legal systems and cultures influence the use and assessment of legal resources. The course will also equip students to critically evaluate current and future research tools. No pre-requisites or foreign language ability required. Advanced degree and non-law students are welcome to enroll in the course. Learning Outcomes -- *Identify primary and secondary sources of materials on international law and foreign legal systems. *Develop effective research strategies using online and print resources. *Critically evaluate research tools for international and foreign legal research. *Appreciate cultural and historical influences on the development of legal systems and their relevance to legal research. *Understand the role of language and translation tools in researching foreign and international law. Elements used in grading: Weekly assignments and class attendance.
Last offered: Winter 2022
| Units: 2
LAW 7809:
Advanced Legal Research: Litigation
This course aims to prepare law students for research in litigation practice and judicial clerkships. At the end of this class, students, now and later in their professional lives, will be able 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) Develop and apply tailored research strategies for common and novel legal research problems; 2) Locate, evaluate, and apply relevant and up-to-date secondary sources and primary authority to legal problems; 3) Strategically use available and developing research tools to increase research efficiency; 4) Build and maintain a research process that incorporates metacognitive practices. 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 instructor.
Terms: Aut
| Units: 3
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 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
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 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
LAW 7815B:
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 selective mix of interactive live and recorded lectures, and a wide range of realistic drafting and research exercises. These exercises help students sharpen their analysis, research, drafting, and editing skills, 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: Aut, Win
| Units: 3
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
LAW 7817:
Advanced Legal Writing: Global Litigation
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.
Last offered: Spring 2017
| Units: 3
LAW 7818:
Advanced Legal Writing: Technology Transactions
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.
Last offered: Spring 2020
| Units: 3
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 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
LAW 7820:
Moot Court
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 and the Professional Skills credit 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.
Terms: Win
| Units: 1
LAW 7820:
Moot Court
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 and the Professional Skills credit 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.
Terms: Aut
| Units: 2
LAW 7821:
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 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. There is a mandatory class on Friday afternoon, (TBA).
Terms: Aut, Win, Spr
| Units: 3
LAW 7822:
Negotiation on the Ground: Discussions at the Intersection of Theory and Practice
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.
Last offered: Spring 2023
| Units: 1
LAW 7823:
Advanced Negotiation: International
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).
Last offered: Spring 2022
| Units: 3
LAW 7824:
Advanced Negotiation: Public Policy
Advanced Negotiation courses are designed to take students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar, to examine many facets of negotiation complexity, both in terms of the participants and topics. This section of Advanced Negotiation will focus on multi-party negotiations, working in teams, group decision-making, and negotiating on behalf of organizations to solve complex problems, specifically when there are divided communities. We will study negotiations and stakeholder dialogue processes involving a diverse set of public and private actors. In the context of both real and simulated case studies, we will address diverse public policy issues, including civil rights, racial justice, economic inequality and natural resources management. Civil unrest as experienced recently in police-community conflicts -- such as Ferguson and Baltimore as well as in the Occupy Movement -- increase polarization among groups of residents in ways not seen in decades. The unrest sometimes produces positive results. In many instances, participants experience the divisions as intense and pervasive, yet remain optimistic that they can be resolved. These deep divisions pose significant challenges to the integrity of our democratic society and can quickly escalate to bitter contests, leaving fissures within communities for decades, and possibly resulting in major economic damage and even loss of life. The goals of the class are twofold, for students (1) to acquire an added theoretical base beyond what was covered in the Negotiation Seminar through which to analyze, prepare for, participate in and facilitate more complex, multiparty negotiations, and (2) to expand skills through deeper examination of various actual negotiation cases and complex simulations. Special Instructions: Attendance at and participation in the simulations is required. Passing is dependent upon active participation, submission of several assigned short reflection papers, and completion of a substantial group paper and presentation analyzing a selected case (a completed or ongoing multi-party public policy dialogue) and the team's internal negotiation process. Prerequisite: Negotiation Seminar (Law 7821) or its substantial equivalent. Elements used in grading: Class participation and engagement, including simulations; attendance; preparation for and contributions to discussion; short written assignments; final project involving group and individual components.
Terms: Win
| Units: 3
LAW 7825:
Advanced Negotiation: Transactions
Advanced Negotiation takes students beyond the two-party, lawyer-client negotiations that were the focus of the Negotiation Seminar. The negotiation simulations are more complex, difficult and nuanced, and preparation time is significant. You will work as an individual lawyer or businessperson, in a lawyer-client pairing, or on a business negotiation team. You may be negotiating on behalf of corporate entities large and small, national governments, municipalities, unions and NGOs. Simulations may include critical-path supply agreements, founder/VC deals, cross-cultural medical device joint ventures, airline reorganization, big pharma global distribution deals, or multi-party private sector/government negotiations. The goals of the class emanate from developing your designer's mindset and a lawyer's instinct for effective, self-interested negotiation: from intense preparation for client counseling, to in-the-moment tactics; adroit response to changing scenarios; deeper work on persuasion, listening, question & answer management; structural design & process control and, ultimately, creating an intact confidence--competence feedback loop for the student qua professional negotiator. Special Instructions: Attendance and participation in all simulations and debriefing sessions are required, absent approved absence (rarely given) with ample advance notice to the instructor. A "Pass" grade is dependent upon this active participation, and a series of short papers and/or in-class presentations. Prerequisite: Negotiation Seminar or its substantial equivalent, as assessed by the instructor. This class is limited to 20 students, 16 from SLS selected by lottery with room for 4 non-law students by consent of instructor.
Terms: Spr
| Units: 3
LAW 7826:
Oral Argument Workshop
Building on the skills developed in Federal Litigation, this simulation course will give students the unique opportunity to argue and judge pretrial motions from actual federal court cases. The instructor will provide the written briefs, and each week half the class will argue and half the class will judge a motion. Preparation will require reading the cases cited in the briefs and coming to class ready either to present an argument (attorneys) or interrogate counsel (judges). Students will critique each other both orally and in writing, and the instructor will provide oral critiques of all arguments. The goals of this class are: to train students to argue in court; to provide them with a chance to polish their public speaking skills and practice thinking on their feet; to prepare students to engage in challenging dialogue with both colleagues and future clients; and to improve self-confidence. Thus, while the context of the course is litigation, the objectives are much broader than the mastery of litigation technique. This course is not open to first year Law School students. LLM students may enroll if they have familiarity with U.S. Federal Rules of Civil Procedure. Priority will be given to those students who commit to taking the class (i.e., actually taking the class, barring unforeseen and unavoidable circumstances) if given consent to enroll. Please indicate your commitment on the consent form. Elements used in grading: Class attendance, participation, and preparation. 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: 2
LAW 7827:
Advanced Legal Writing for American Practice
This course orients advanced degree students to a range of legal writing genres used by lawyers in practice in American law offices and before American courts. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis in a litigation context. The course presents students with realistic legal writing scenarios that they address in and out of class. Students perform legal research and analysis as they complete assignments designed to incorporate methods that American lawyers use to analyze typical legal problems while advocating on behalf of a hypothetical client in a litigation matter. This class is limited to Advanced Degree Students. Elements used in grading: Class Participation, Attendance, Written Assignments.
Terms: Win
| Units: 3
LAW 7827:
Advanced Legal Writing for American Practice
This course orients students to a range of legal writing genres used by lawyers in practice in American law offices and before American courts. At the core of these genres are the techniques of legal research, objective and persuasive legal writing, and related legal analysis in a litigation context. The course presents students with realistic legal writing scenarios that they address in and out of class. Students perform legal research and analysis as they complete assignments designed to incorporate methods that American lawyers use to analyze typical legal problems while advocating on behalf of a hypothetical client in a litigation matter. Elements used in grading: Class Participation, Attendance, Written Assignments. 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.
Last offered: Spring 2023
| Units: 3
LAW 7828:
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, 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 eight weeks of the Autumn Quarter with two classes (one lecture and one workshop) per week on most weeks from 4:15-9:00 PM, plus the final weekend of jury trials, Saturday and Sunday, November 11 and 12. Each day's ending time will vary; most sessions will end before 9:00 PM. For details, please refer to the 2023 Trial Advocacy Workshop Schedule at https://bit.ly/3NJA7DS. 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 Judge Sallie Kim, Sara Peters, and Traci Owens. 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. Sara is a trial attorney for a personal injury law firm in San Francisco. She graduated from Stanford Law School in 2008 and coaches the Stanford Law School mock trial team. Traci has 23 years of trial experience. She has participated as an instructor in the Stanford Law School Trial Advocacy program for more than a decade, and she taught in a similar program at Santa Clara University School of Law for more than fifteen years. Special Instructions: If you haven't taken Evidence, you must contact Judge Kim 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. In addition, the Trial Advocacy Workshop is approved to offer Experiential Learning (EL) Credit. 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. Applications will be considered on a rolling basis.
Terms: Aut
| Units: 5
LAW 7830:
Topics in American Legal Practice
This course is designed to introduce international students to American legal practice. To do this, the course begins in the spring quarter by working with students to look ahead to their summer experience and begin to identify ways in which the culture or norms of the practice setting might be distinctive, or otherwise differ from the legal, political, or workplace culture of their home country. Then in the fall quarter, students are asked to write a 10-page paper, situated in the relevant literature(s), that uses the summer experience to examine one such set of issues. Elements used in grading: Final Paper.
Terms: Aut, Spr
| Units: 1
| Repeatable
6 times
(up to 6 units total)
LAW 7831:
Transition to Practice: Selected Topics
This course is designed to explore issues of professional identity for students transitioning into the legal profession. It will begin in the spring quarter and continue into the fall quarter, and will require the writing of a paper. Elements used in grading: Final Paper.
Terms: Spr
| Units: 1
| Repeatable
6 times
(up to 6 units total)
LAW 7832:
Transitioning Into Public Interest Practice
This course is designed for students transitioning into the practice of public interest law. It will begin in the spring quarter and continue into the fall quarter, and will require the writing of a paper. Elements used in grading: Final Paper.
Last offered: Spring 2023
| Units: 1
| Repeatable
3 times
(up to 3 units total)
LAW 7833:
Representing Spanish Speakers
The goal of Representing Spanish Speakers, formerly Spanish for Lawyers, is to give students the opportunity to enhance existing Spanish communication skills through Spanish only in-class simulations with a focus on cultural humility and trauma-informed interviewing skills within the legal sphere. The course will introduce Spanish legal terminology in areas including but not limited to immigration, criminal law, employment law, housing law, and family law. With an emphasis on speaking and listening comprehension through in-class partner activities and dialogue, the class will teach students how to interact with clients who possess limited English proficiency. Students will also be given reading and listening homework assignments to help better their command of the Spanish language. Class instruction will take place principally in the Spanish language. The course is designed to be beneficial for students with varying levels of Spanish language ability, up to and including students who are native speakers of Spanish. The level of difficulty of the course presupposes that students have an intermediate level of Spanish, which includes an understanding of the essentials of Spanish grammar and ability to engage in intermediate conversation. Elements used in grading are attendance and class participation. Please note, this class will expose students to emotionally complex and sensitive scenarios.
Terms: Aut, Spr
| Units: 2
LAW 7836:
Advanced Legal Writing: Appellate Litigation
This course will give students intensive practice with legal analysis, argument structure, and writing in the appellate context. Through a combination of lectures, discussions, selected readings, and writing exercises, we will cover the most important components of appellate writing. The Lecturer will bring her practical experience in legal writing -- both as outside counsel at a law firm and in-house counsel at a high-growth tech company -- to bear as we work together towards each student crafting an appellate brief. The goals of this class are to deepen students' understanding of how to make compelling written arguments and to practice doing so in the context of an appeal on a cutting-edge issue. While this course will be focused on writing an appellate brief, the skills learned will be useful for all legal writing in a litigation context. Elements used in grading: Attendance, Class Participation, Written Assignments. 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
| Units: 3
LAW 7837:
Advanced Legal Writing: Public Interest Litigation
Public-interest litigation is often an uphill battle. Lawyers and clients representing public interests have difficulty prevailing even when their fact patterns are sympathetic, often because the law is either undeveloped or unsupportive. Yet when public-interest litigation does succeed it can yield profound, positive change for underserved people and causes. This class will focus on research and writing skills needed to litigate public-interest lawsuits. The class will employ readings, presentations, and class discussions to unpack analytical and rhetorical tools to persuade judges across the ideological spectrum. Students will also develop tools for interpreting and applying a wide variety of legal authorities and hone their ability to be clear and creative. Students will practice the skills they learn by preparing multiple drafts of two pleadings in a single case, and will receive detailed feedback on their writing from the instructor and their peers. Grading will be based on a Mandatory P/R/F system, taking into account writing as well as class participation. Early drop deadline: Students may not drop this course after first week of class. Elements used in grading: Attendance, Class Participation, Written Assignments.
Terms: Spr
| Units: 3
LAW 7838:
History of Civil Rights Law
This is a seminar that uses U.S. history to examine canonical civil rights law. We will investigate the historical context behind the enactment of particular laws and judicial decisions. We will also discuss the meaning and implications of the term "civil rights law." Readings will include cases, law review articles, primary sources, and history articles. The seminar will focus upon African-American legal history. 14th Amendment is not a prerequisite for the seminar. Requirements for the course include regular class participation and, at the students' election, either response papers or a historiographical essay. Students may also elect to complete a research paper with the instructor's approval, in which case they will receive 3 units and "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. Automatic grading penalty waived for submission of research paper. This class is limited to 16 students, with an effort made to have students from SLS (10 students) and 6 non-law students by consent of instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. 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. Cross-listed with History (HISTORY 361D).
Last offered: Spring 2023
| Units: 2-3
LAW 7843:
Community-Led System Design
This class engages students in participatory/collaborative approaches to redesign complex systems. They will answer the question: how do we make our social legal systems better for people -- and how do we put people at the center of this redesign? The seminar has two parallel components: (1) Learn from a series of experts who have been taking a community-led approach to remaking a legal system (or analogous ones). Guest experts will present their current case studies to illustrate strategy and process design. (2) Select one of two system redesign challenges (see below) and develop their own prototype launching workshop. [For those students interested in continuing with the project, there will be a companion policy lab in the Spring Quarter 2018. This seminar is a prerequesite for the policy lab.] The two prospective system-leader partners are on the verge of major new overhauls of their current systems: (a) California Self-Help Services' guardianship/kid's custody redesign, with Bonnie Hough and the California Judicial Council as a partner, as they try to figure out how to remake the legal system for parents and family members (without lawyers) trying to get custody worked out for kids. (b) New York Chief Justice Task Force housing court/eviction redesign, with the Chief Judge Janet DiFiore's task force as the partner, as they try to figure out how to make the eviction system work better for users. Students will develop their own preliminary plan and prototype for a user-centered process for their partner. Students will learn about new approaches to policy-change, as well as the fundamentals of participatory design and community lawyering. They will operationalize these different approaches, to make them relevant and actionable in an actual legal system. They must synthesize a recommendation to their partner-leader about how they might create a better process to redesign a given court process/system. And they must create a prototype of a launching workshop, that can demonstrate how a wider process would work, while also testing their plan. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper.
Last offered: Winter 2018
| Units: 2
LAW 7846:
Elements of Policy Analysis
This one-credit course supports students undertaking public policy analysis projects in the Policy Lab and in other policy-based courses. The course helps students gain facility with basic policy methods and approaches common to Policy Lab practicums. The core session of the course consists of six hours of classroom instruction on a (typically the Saturday at the end of the first week of classes). The morning session emphasizes thinking like a policy analyst (as distinguished from an advocate or lawyer), scoping policy problems, promoting and assessing evidence quality, and making valid (and avoiding invalid) inferences. Students apply learning in a team-based simulation exercise on a topical policy issue. The afternoon session introduces strategies for social change, including designing and evaluating programs that improve individual lives. The immersive exercise typically focuses on developing and evaluating a program to reduce childhood obesity. The course then offers a series of short workshops: (1) interviewing policy clients and other stakeholders (especially where ethnic and cultural differences may be salient), (2) policy research tools and strategies, (3) design thinking for law and policy, (4) systems thinking, (5) resources and methods for cultural competencies, and (6) policy writing. Students should attend at least three of the six workshops to receive credit for the course. With guidance from their faculty instructors, students may then draw on the skills developed in this introductory seminar to analyze a public policy problem, develop potential strategies to address it, weigh the pros and cons of strategy options, and produce a final product that may offer options or recommendations to a policy client, suggestions for implementing such recommendations, and techniques to assess the effectiveness of implementation. Note that the students who enroll in a Law and Policy Lab practicum for the first time are asked to participate in the full-day methods bootcamp whether or not they undertake Elements of Policy Analysis for course credit. Attention Non-Law Students: See Non-Law Student Add Request Form at https://law.stanford.edu/education/courses/non-law-students/ to enroll in this class. Elements used in grading: Attendance, Class Participation.
Terms: Aut, Win, Spr
| Units: 1
LAW 7847:
Nonviolence: Conflict Transformation in Divided Communities
This course explores and investigates the theory and practice of disciplined nonviolence in the Gandhi-King tradition to powerfully confront, transform and overcome injustice and systemic violence in divided communities. We will examine the role of nonviolent direct action, negotiation and mediation in a variety of historical, present-day and simulated cases in order to identify and analyze strategic lessons from successes as well as failures. We will inquire into the relationship between direct action campaigns, and legal processes and political decision-making. After examining transformative campaigns led by Gandhi, King, and the Student Nonviolent Coordinating Committee, we will explore case studies such as the anti-apartheid movement, and truth and reconciliation process, in South Africa; and racial and environmental justice movements and anti-gun violence campaigns in the United States in recent years until the present day, including Black Lives Matter, March for Our Lives, and the fossil fuel divestiture movement. Students will participate in several simulated negotiation and mediation exercises to develop experiential learning in the field from the perspective of multiple stakeholders, including activists, community leaders and government officials. In several sessions we will engage in dialogue with leading scholars and activists of transformative nonviolence, and we will engage together in a nonviolence training workshop. Students will have an option to enroll in an R-paper section with the permission of the instructor. 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, final paper.
| Units: 3
LAW 7848:
The Practice of Law or Not: What Lies Beyond Graduation
This course seeks to explore a simple question: what lies beyond graduation? Within that question are a myriad of complexities. What does it mean to be an associate or a partner in a law firm? Should I do litigation or transactional work, such as public finance, whatever that is? Should I become a prosecutor or a public defender or criminal defense attorney? Should I go in-house and in what size place? Should I leave the law behind and pursue business or other opportunities? Those are not the only questions. To add an overlay that we all must address directly or indirectly, how is my being a person of color relevant to my decision and my success? In a world in which diversity is said to matter, as a person who is not of color, should I take that into account? What about being a woman or LGBTQ in the workplace? Or, what about being a woman or man who wishes to have a family? How does that (or should that) impact my decision? These are just some of the issues that will be explored. They will be explored each week in classes lead by different guests who will be law school graduates practicing law at law firms as associates and partners, practicing as prosecutors and criminal defense lawyers, in-house counsel, counsel for start-ups, and law school graduates who have left the law. The course will require the writing of a paper and grades will also depend on class attendance. Attendance, Class Participation, Final Paper.
Last offered: Spring 2020
| Units: 2
LAW 7849:
Mediation Boot Camp
Mediation skills are invaluable to success in everything from negotiating commercial transactions to family interactions. Lawyers mediate most litigated cases, even those never filed in court. Do you want to be in the majority of people who constantly mediate, but never take a single mediation course? This course is a quick immersion in mediation advocacy, and mediation. It is intended for those who want to avoid being entirely unprepared for an essential part of legal practice and life. It is also intended for those who want to take a first step to see if mediation interests them. The two days of class will be an interactive exploration of the strategies, tactics and theories of mediation, and mediation advocacy. Class will include: 1) a concise overview of mediation approaches and theories, 2) skills exercises, 3) multiple mediation role plays, and 4) individualized video review. Together these will allow students to think about, practice, and experiment with, the most effective approaches to mediation advocacy and mediation. The course will be taught by Michael E. Dickstein, a full-time mediator of complex cases across the U.S. and Canada for more than twenty years, and a former partner in a leading law firm. Elements used in grading: Attendance, Class Participation, and Video Review. In Winter Quarter, this class will meet Friday February 23, 3:00PM-7:30PM and Saturday February 24, 9:30AM-5:30 PM. This class is limited to 15 students. 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: 1
LAW 7849:
Mediation Boot Camp
Mediation skills are invaluable to success in everything from negotiating commercial transactions to family interactions. Lawyers mediate most litigated cases, even those never filed in court. Do you want to be in the majority of people who constantly mediate, but never take a single mediation course? This course is a quick immersion in mediation advocacy, and mediation. It is intended for those who want to avoid being entirely unprepared for an essential part of legal practice and life. It is also intended for those who want to take a first step to see if mediation interests them. The two days of class will be an interactive exploration of the strategies, tactics and theories of mediation, and mediation advocacy. Class will include: 1) a concise overview of mediation approaches and theories, 2) skills exercises, 3) mediation role plays, and (4) short writing assignments. Together these will allow students to think about, practice, and experiment with, the most effective approaches to mediation advocacy and mediation. The course will be taught by Howard Herman, a full-time mediator of complex cases with JAMS, and the former director of the ADR Program for the U.S. District Court for the Northern District of California. Elements used in grading: Attendance, Class Participation, and Short Writing Assignments. In Spring Quarter, this class will meet Friday, April 26, 3:00PM-7:30PM, and Saturday, April 27, 9:30AM-5:30 PM. This class is limited to 15 students. 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: Spr
| Units: 1
LAW 7850:
Advanced Legal Writing: High-Tech Transactions
This is a practice-based, skills-building class requiring students to draft, edit, and negotiate a complex technology agreement. Using a biotechnology case as context, the curriculum is designed to translate contract principles and doctrine (to which students have been exposed,) into real-world practice. Students will acquire the foundational tools necessary to write clear, effective, plain-language provisions into agreements that memorialize a bargain between parties based on realistic situations. Exercises include simulations in which students will draft, edit, and negotiate sections of agreements. Students will also be expected to show an understanding of what it means to develop, foster, and sustain client trust, advocate in a client's best interests, as well as effectively and ethically engage with a counter-party's counsel. Students will function as senior associates in a law firm, or as in-house counsel tasked with managing licensing and commercial transactions for a technology developer. A focus will be placed on understanding client's needs versus wants, as well as modes of supporting clients to achieve their goals while identifying, counseling, and mitigating legal risk. Exercises are designed to help students improve their critical thinking, due diligence, analysis, drafting, and editing skills, which deepens an understanding as to the expectations of attorneys and clients with whom they will be working and supporting respectively. Grades will be based heavily on class participation, skills built in simulated negotiations, as well as drafting exercises weighted by level of complexity. Students may elect credit for either experiential learning (EL) or professional writing (PW) for this course. Prerequisite: Completed an Introductory level Intellectual Property class (LAW 4005). Waivers of the requirements will be offered on a case-by-case basis. Special Instructions: Students on the waitlist for the course will be admitted if spots are available on the basis of priority and degree program.
Terms: Win
| Units: 3
LAW 7851:
Introduction to Legal Research
This course will introduce law students to the sources and methods used in legal research. Students will (1) gain familiarity with core primary and secondary U.S. legal information sources, how this material is used, organized, published, indexed, and kept current, and how to efficiently find and use these sources; (2) build foundational research skills that can be used to approach legal research questions in any area of law; and (3) develop basic strategies to effectively use both familiar and unfamiliar research databases, sources, and tools. Learning legal research requires a hands-on approach, so students will complete in-class exercises, homework assignments, and a final project, all of which contribute to students' final grade. There will not be a final exam. Elements used in grading: Attendance, Class Participation, Written Assignments. 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 is only open to first-year JD (1L) students.
Terms: Spr
| Units: 2
LAW 7853:
Advanced Legal Research: Transactional
This course aims to prepare students to research as a transactional lawyer, including the analysis, search process, information evaluation, and reasoning necessary to ethically research transactional law problems and advise clients on transactional law matters. The course purpose is to broaden your knowledge of the methods, databases, sources, and materials that you will encounter when conducting transactional law research; and to increase your familiarity with common transactional law issues and the research requests that typically accompany those issues. Students' learning objectives are to develop best practices for research strategies, identify sources, and enhance their research skills related to several common transactional law research problems, including corporate formation and organization; SEC filings; and precedent documents and forms. Elements used in grading: Attendance, Class Participation, Written Assignments.
Last offered: Winter 2023
| Units: 3
LAW 7854:
Lawyers as Leaders Intensive Boot Camp
You've got the substantive legal knowledge and intellectual firepower necessary to be a good lawyer, but do you have the leadership skills it takes to be a great one? Leaders in law and business want trusted advisors who excel in skills like problem solving, creativity, ability to deal with ambiguity and complexity, and exceptional communication and persuasion skills. This course focuses on strengthening these critical skills for the career that you are developing. In this highly immersive class, our hands-on exercises and discussions assess and develop your skills in strategic decision making, influence techniques, motivating others, leading teams, and managing change in unpredictable environments. We use neuroscience techniques that optimize adult learning, with real-time feedback on classroom exercises and short reflection papers to help create new habits for success. The course meets in a three full-day session immediately before the start of Fall Quarter (Sept. 9-11). We then meet 3 hours/month through the academic year in workshop style -- interactive sessions in which students bring and work on actual leadership challenges, brainstorming and problem solving as a cohort Precise meeting dates/time TBA by instructors. Enrollment in the class (4 units) is in Autumn Quarter 2020. An "N" grade (indicates satisfactory progress in a course that has not yet reached completion) will be given at the end of Autumn Quarter 2020. Final grades will be given at the end of Spring Quarter 2021 and will be applied to Autumn Quarter 2020. Elements used in grading: Class participation and attendance, course exercises and written assignments. Class Outline ( https://docs.google.com/document/d/1_XAWnMhQE0bFVgRE2eR0kA488plZddvJhDKxw_PdZEo/edit) . Info Sheet ( https://www.dropbox.com/s/xhgnenqkq99shd1/Lawyers%20As%20Leaders%20%20Poster.pdf?dl=0 ). 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.
Last offered: Autumn 2020
| Units: 4
LAW 7855:
Successfully Launching Your Nonprofit Public Interest Career: Preparing for Practice
This professional development seminar is intended for graduating J.D. students who will start their public interest careers working for a nonprofit organization. Through lectures, readings, simulations, and exercises, students will learn key skills required to excel at their role at a nonprofit legal organization. Areas of focus will include: (1) creating strategies for managing projects, caseloads, and advocacy campaigns; (2) understanding and working with nonprofit financial systems, revenue models, and expense budgets as well as personal financial planning; (3) developing an equity, diversity, and inclusion lens for work with clients, colleagues, and external partners (e.g., community partners, opposing counsel, pro bono collaborators); (4) communication and facilitation skills; and (5) building effective coalitions and partnerships with stakeholders (e.g., community leaders, policy-makers, pro bono partners, etc.). Elements used in grading: Attendance, Performance, Class Participation, Written Assignments.
Terms: Spr
| Units: 2
LAW 8001:
Corporate Governance and Practice Seminar
The seminar on corporate governance meets in the Autumn and Winter quarters and forms the core of the LL.M. Program in Corporate Governance & Practice. The course, designed to be taken in conjunction with Corporations in Autumn, takes an economic approach to the analysis of corporate law. In particular, we ask why American corporate law has its particular structure. We will seek to understand how the separation of ownership and control produces agency costs, and the ways in which corporate law seeks to remedy these through techniques like disclosure, fiduciary duties, shareholder litigation, voting, and hostile takeovers. We will read and discuss ongoing debates among scholars and practitioners about the agency cost framework, the merits and limits of current legal policies, and the role of institutional arrangements like activist shareholders. We will also consider the relevance of these disputes, and the effectiveness of corporate law and governance more generally, in the context of a variety of real-life incidents. No knowledge of economics is presupposed, so the course will also introduce basic economics and finance concepts necessary to understand these concepts. Some course sessions will feature outside speakers who will complement the discussions with real-world examples drawn from practice. Attendance and active participation are important to the success of the seminar and an important factor in the overall grade. Students are expected to have carefully read and reviewed assigned materials in advance of each session. Students will be required to submit short reflection papers that evaluate, critique, and discuss some or all of the assigned readings. Students will also be asked to prepare presentations and case studies. The class will be graded H/P/R/F in Autumn Quarter and Winter Quarter. This course is required for and limited to students in the Corporate Governance and Practice LL.M. Program. Elements used in grading: Class participation, attendance, and assignments. Class will meet according to the schedule set forth by the Registrar's office.
Terms: Aut, Win, Spr
| Units: 2
| Repeatable
3 times
(up to 4 units total)
LAW 8002:
Environmental Law and Policy Colloquium
The Environmental Law & Policy Colloquium offers students the opportunity to learn about contemporary environmental law and policy matters. These matters include, among other areas, natural resources management, energy development, climate litigation, disaster and wildfire policy, sustainable finance, environmental geopolitics and diplomacy, ecocide and the environmental ramifications of war. The colloquium meets in two quarters. During the fall quarter classes meet weekly. In the Spring quarter, the class meets 4 times in weeks 2, 3, 4 and 9 and in addition, will have one Saturday workshop where students will present their capstone research papers. Over the course of these two quarters students will develop, write, and present a capstone research paper on a contemporary environmental law issue related to their home country and/or region. During the autumn quarter, students will begin to develop their capstone research papers by developing their proposals, outlines and literature reviews. During the spring quarter, the students will write and present their research papers. Across the two quarters we will also explore and discuss a diverse range of environmental law and policy matters through readings and class discussions. Over the course of the year, the Colloquium invites a number of guest speakers, including academics, practicing attorneys and diplomats. Some of the guest seminars take place during regular class hours and some outside of these class hours. Grading in this course is based on an analytical research paper, the capstone research paper (including the proposal, outline and literature review), presentation of the capstone research paper, and class participation. This course is required for students in the Environmental Law & Policy LL.M. Program.
Terms: Aut, Spr
| Units: 2
| Repeatable
3 times
(up to 4 units total)
LAW 8003:
International Economic Law, Business & Policy (IELBP) Colloquium
This course enables IELBP advanced degree students to explore selected issues, case studies and policy debates in international economic law and business, global political economy, and international economic dispute resolution in a highly interactive seminar. The course is a complement to the other core degree requirements of the LLM in IELBP and is discussion-oriented. The course offers students the opportunity to engage in dialogue with experts in the field (including expert practitioners, Stanford Law faculty and interdisciplinary scholars from other schools, departments or programs at Stanford University). The course takes on a wide-ranging approach: we will examine legal issues confronting international business while also focusing on cutting-edge debates arising out of economic globalization; we will explore the complex architecture of international economic law, unpacking how international institutions and public international law sources (formal and informal) regulate: i) cross-border business transactions between private parties, ii) international economic relations between and among states, and iii) cross-border economic conduct by states, international organizations, and private actors. Students are expected to have carefully read assigned materials in advance of each session, and to actively participate during class. Grades for the colloquium are based on students' papers, a presentation, and their classroom performance (e.g., preparation, participation, attendance, etc.). The course extends over two quarters (autumn and spring), and students are required to complete both quarters in order to satisfy the program requirement. Topics in the Fall quarter will focus on developments in world trade law, international monetary cooperation, international investment law, economic integration and development, international taxation, international arbitration, and international antitrust law among others. Topics in the Spring quarter will be selected based on students' interests, as well as pressing policy concerns in international commerce.
Terms: Aut, Spr
| Units: 2
| Repeatable
2 times
(up to 4 units total)
LAW 8004:
Law, Science, and Technology Colloquium
The Law, Science & Technology Colloquium offers students in the Law, Science & Technology LLM Program the opportunity to discuss cutting-edge legal issues at the intersection of law and technology. The colloquium is held in the Fall and Spring quarters and aims to give the LST LLM students a broad overview of the many areas within Law, Science and Technology, as well as the connections between areas. In Fall, we will focus on Internet Law and Intellectual Property, including sessions on privacy, free speech, copyright, and patents, with extra focuses on biotechnology and bioscience. In Spring, we will broaden our scope to a selection of issues including potentially AI, dark patterns, more on biotechnology & bioscience, telecommunications regulation, or legal practice. Furthermore, we will discuss how the law of science and technology is made in the United States, and how lawyers can effect change in these laws. The class will feature several guest speakers who are experts in the field, including potentially Stanford faculty, visiting scholars, technology and IP lawyers, entrepreneurs, and executives from Silicon Valley technology companies. Students are expected to have carefully read the assigned materials in advance of each session, and to actively participate during class. Students will also write a capstone paper on a topic of their choice, in consultation with the instructor. There will also be oral presentations on their capstone papers and on current events in LST. Grades for the colloquium are based on students' papers and their classroom performance (e.g., preparation, participation, attendance, etc.). This course is restricted to students in the Law, Science, and Technology LLM program, and satisfies their "colloquium requirement" for the fall and spring quarter. In fall and spring students will be graded on an Honors/Pass/Restricted Credit/Fail basis. Class will meet in-person unless the Law School's policies state otherwise.
Terms: Aut, Spr
| Units: 2
| Repeatable
3 times
(up to 4 units total)
LAW 8011:
SPILS Law and Society Seminar
This seminar is restricted to students who are in the SPILS program. The seminar deals with the relationship between legal systems and the societies in which they are embedded. The materials are drawn from studies of many different societies. Among the issues dealt with are: What influence does culture have on the operation of legal systems? What are the social forces which produce particular forms of law? What impact do legal interventions have on society and on human behavior? Elements used in grading: Exam.
Terms: Aut
| Units: 3
LAW 8012:
SPILS Masters Thesis
The writing of a work of original scholarship in the area of research that each student chooses is necessary requirement of the JSM degree. During the winter quarter students are expected to submit two draft chapters: 1) any chapter of the fellow's choice in early February; and 2) a draft of the empirical research result's chapter in early March. During the spring quarter students are expected to finalize their research project, and write and submit their final thesis. Towards that end, students must complete and submit a draft of the whole thesis in early April. The final version, revised in response to the adviser's comments, must be submitted by the end of the quarter. The exact dates will be informed in advance by the teaching fellow. Elements used in grading: Thesis. This course is exclusive to SPILS students. The thesis is required for JSM graduation.
Terms: Win, Spr
| Units: 4
| Repeatable
2 times
(up to 8 units total)
Instructors: ;
Bartlett, R. (PI);
Belt, R. (PI);
Chacon, J. (PI);
Fagel, M. (PI);
Fisher, G. (PI);
Greely, H. (PI);
Horne, C. (PI);
MacCoun, R. (PI);
Milhaupt, C. (PI);
Zambrano, D. (PI)
LAW 8013:
SPILS Research Methods Workshop
This is a mandatory course for SPILS Fellows as part of the program's core curriculum. Its main goal is to offer students an interdisciplinary perspective about socio-legal research, and research tools for implementing their individual research projects. This Winter term workshop will complement the Research Design for Empirical Legal Studies Seminar taken in the Autumn by 1) expanding and elaborating on some of the methods analyzed during the seminar; and 2) assisting students in using such methods towards their individual research project. The workshop will consist of specialized sessions, most of them tailored towards the work of empirical research that occurs after the data collection phase. During the quarter the fellows are expected to submit drafts of different chapters of their thesis and present their preliminary findings in class. If appropriate, the workshop may also include group and/or individual sessions designed to address the very specific needs of the research undertaken by the SPILS Fellows. Elements used in grading: Class participation, attendance, written assignments and final presentations. Enrollment is restricted to SPILS fellows. The seminar is required for JSM graduation. Class will meet online (Zoom) and in-person to be arranged by the instructor with the students.
Terms: Win
| Units: 2
| Repeatable
2 times
(up to 2 units total)
LAW 8021:
Introduction to American Law
This course is designed to introduce international students in the Exchange and Advanced Degree Programs (LL.M. and SPILS) to the key principles of American law. The course provides an overview of distinctive features of the U.S. legal system, including its history and institutions. Topics include the role of precedent in the common law, distinctive elements of civil procedure and legal actions, the branches of the U.S. government and the separation of powers, federalism, due process, and equal protection. The course is offered before the start of the regular Law School quarter. Special Instructions: Required for LL.M. and SPILS but optional for Exchange Program students. Open to LL.M., SPILS and SLS Exchange Program students only. This course is taught on an accelerated basis over the course of three weeks between orientation and the beginning of the Fall Quarter classes. Precise meeting dates TBA by instructor. Final exam will be scheduled on Friday, September 22. Elements used in grading: class attendance, participation, short written assignment, and final exam.
Terms: Aut
| Units: 3
LAW 8022:
Professional Responsibility
This course introduces students to the goals, rules and responsibilities of the American legal profession and its members. The course is designed around the premise that the subject of professional responsibility is the single most relevant to students' future careers as members of the bar. These issues come up on a constant basis and it is critical that lawyers be alert to spotting them when they arise and be educated in the methods of resolving them. As such, the course will address many of the most commonly recurring issues that arise, such as confidentiality, conflicts of interest, candor to the courts and others, the role of the attorney as counselor, the structure of the attorney-client relationship, issues around billing, the tension between "cause lawyering" and individual representation, and lawyers' duty to serve the underrepresented. The course will consider the overlapping, inconsistent, and incomplete sources of the regulation of lawyers in the United States. International graduate students will bring their own experiences to compare with standards applicable to legal behavior in different jurisdictions. The course will also instill familiarity with much of the coverage and testing methods of the Multistate Professional Responsibility Examination that is required by virtually every U.S. state and territory for licensure. Individual and group participation in class discussion is vital, as well as good faith completion of review questions and/or brief quizzes on the daily reading assignments. Students will work regularly in small groups to discuss hypothetical problems during each class. Each student must also submit a brief reflection paper on five occasions during the course.. The instructor retains the right to take class participation and attendance into account in the final assessment. This course is taught on an accelerated basis with an introductory class at Orientation and classes on most days during the three weeks between Orientation and the beginning of the Autumn Quarter classes. Limited to LLMs, JSMs and exchange students. Required for LLMs.
Terms: Aut
| Units: 3
LAW 8031:
JSD Research Colloquium
Required for and limited to JSD candidates. The objective of the colloquium is to assist students in designing, conducting, analyzing and reporting their doctoral dissertation research. Weekly colloquium sessions are devoted to work in progress presentations by JSD candidates, supplemented by occasional guest lectures and discussions of cross-cutting issues of interest to doctoral students.
Terms: Aut, Win, Spr
| Units: 0
