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War is violent, but also a means by which political communities pursue collective interests. When, in light of these features, is the recourse to armed force justified? Pacifists argue that because war is so violent it is never justified, and that there is no such thing as a just war. Realists, in contrast, argue that war is simply a fact of life and not a proper subject for moral judgment, any more than we would judge an attack by a pack of wolves in moral terms. In between is just war theory, which claims that some wars, but not all, are morally justified. We will explore these theories, and will consider how just war theory comports with international law rules governing recourse to force. We will also explore justice in war, that is, the moral and legal rules governing the conduct of war, such as the requirement to avoid targeting non-combatants. Finally, we will consider how war should be terminated; what should be the nature of justified peace? We will critically evaluate the application of just war theory in the context of contemporary security problems, including: (1) transnational conflicts between states and nonstate groups and the so-called "war on terrorism"; (2) civil wars; (3) demands for military intervention to halt humanitarian atrocities taking place in another state. Enrollment will be limited to 20 students -- 10 from SLS who will be selected by lottery and 10 from H&S. Elements used in grading: Class Participation, Written Assignments, Final Exam. Cross-listed with Ethics in Society ( ETHICSOC 205R), ( ETHICSOC 305R) & Philosophy ( PHIL 205R), ( PHIL 305R).

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 new 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 offer 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. Elements used in grading: 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 e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.

This course covers the fundamentals of the law and practice of licensing of patents and technology. Licensing is the principal means by which rights in patents and technology are shared, exploited and monetized. It is fundamental to business models throughout the technology industry and beyond, including in software, mobile, consumer devices, semiconductors and pharmaceuticals. We cover (1) the business drivers and models for licensing patents and technology, (2) the core concepts and current trends of licensing law (both Federal Circuit and Supreme Court), and (3) key issues in structuring, drafting and negotiating patent and technology licenses. We also cover how the "patent troll" and "patent reform" debates may affect licensing law and practice. We will emphasize the practical aspects of licensing patents and technology, and licensing in its broader context in relation to corporate, litigation, intellectual property and antitrust practices. Elements used in grading: Class Participation, Final Exam.

Corporate governance has become a constant fixture of the legal and policy debates of our time. It not only figured prominently in the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act of 2010, the sweeping regulatory reforms of the last decade, but its reach has been far broader at both domestic and international levels. For a vast array of economic and social problems - from economic growth and systemic risk to rising inequality - improved corporate governance surfaced as a favored policy response. This seminar explores the central debates in this area with respect to issues such as board independence, shareholder voting and the role of proxy advisors, institutional investor activism, executive compensation, the question of short-termism, and board diversity. We will read works from the legal and economic literature and focus on current controversies. Special Instructions: Students have the option to 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), with consent of the instructor. Elements used in grading: Class Participation, Written Assignments and Final Exam or Final Paper.

This course addresses value creation by business lawyers by examining how private parties structure their business transactions in Latin America, with a special emphasis on Brazil. It will focus, in particular, on the extent to which deal structures that are prevalent in the United States can travel well, or require adjusting, to this particular context. The first part of the course will explore barriers to contracting, such as risk and uncertainty, information problems, contract enforceability, and the Latin American legal and economic environments, as well as the tools available to overcome those barriers. The second part of the course will examine how the patterns of corporate ownership and control prevailing in the region shape the style and structure of business deals. Throughout the course, we will apply these concepts to a series of transactions that reflect the changing economic landscape in Latin America. This course is taught in conjunction with Law 755A. Students may enroll for this course alone or for both this course and Law 755A. As one of the new SLS Overseas Courses, the first eight weeks of the course will coincide with the first eight weeks of the Winter Quarter, and will be conducted at Stanford Law School. Students will have the option of participating in a one-week extension of the course in São Paulo during spring break for an additional credit. While in São Paulo, the class will meet local lawyers, clients, and regulators to discuss Brazilian deals in joint sessions with students from FGV Law School. The overseas portion of the course will be co-taught with George Triantis. Elements used in grading: Class Participation, Written Assignments, Final Exam. Special instructions: Enrollment in the São Paulo option is limited to 12 students (See Law 755A for application instructions and deadline).

This is the São Paulo component of Deals in Latin America ( Law 755). The course will be held at FGV Law School in São Paulo (FGV Direito SP), and will consist of meetings with local lawyers, clients, and regulators to discuss Brazilian deals in joint sessions with students from FGV Law School. Enrollment is limited to 12 students, and will be graded on the basis of participation and a short reflection paper. See Law 755 for enrollment instructions. APPLICATION: To apply for this course, students must complete and e-mail the Application Form available on the SLS Registrar's Office website (see Registration) to the SLS Registrar's Office. See Application Form for submission deadline.

This introductory course will familiarize students with the history, structure, and performance of America's corrections system. Corrections deals with the implementation and evaluation of criminal sentences after they are handed down. This course will cover probation, jails, prison, parole, and prisoner reentry. We will also discuss special populations (e.g., mentally ill, sex offenders), mass incarceration, and how the widespread impacts of America's prison expansion. The course will examine corrections from global and historical views, from theoretical and policy perspectives, and with close attention to many problem-specific areas. We will explore correctional theories and their application, the nature, scope and function of corrections, the impact of mass incarceration on crime and communities, what works in rehabilitation, and how to help offenders reintegrate after a prison term. 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. We also plan to visit a correctional facility. This course is open to 1Ls, 2Ls, and 3Ls in the Law School. Students who have previously taken Petersilia's Sentencing and Corrections course (SLS 621-0-01) should not enroll in this class, as it would be duplicative. Students are asked to write two reflection papers (dates will be specified in the syllabus). Those two reflection papers constitute 50% of the grade; the final one-day take home exam constitutes the other 50%. Class participation will be used as a "tipping factor."

This course will examine the responsibilities and challenges for those who occupy leadership roles and for those seeking to use law as a vehicle for social change. Topics will include characteristics and styles of leadership, organizational dynamics, forms of influence, decision making, conflict management, innovation, diversity, 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 short written weekly reflection papers (2 to 3 pages and a short research paper (about 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.

Why doesn't the Supreme Court allow video cameras in oral argument? Why do jurors find video recordings more believable than live testimony? Is a computer generated re-enactment evidence? This course tracks the legal reception of modern visual representation from the confusion about the admissibility of photographs in the late 19th century (is it like a drawing? is it like eyewitness testimony?) to the debate about cameras in the courtroom in the late 20th century (do judges and jurors decide differently when the proceedings are subject to public scrutiny?) to the frequent and strategic deployment of visual media in pretrial and litigation practice today. We will pursue a variety of approaches to the topic, ranging from the discussion of film theory to guest lectures by practicing attorneys. Elements Used in Grading: Class Participation. Attendance, Written Assignments, Final Paper.