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281 - 290 of 460 results for: LAW

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 vi more »
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

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 governi more »
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

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

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 makin more »
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).
Terms: Aut | Units: 2
Instructors: Broyde, M. (PI)

LAW 5040: Law, Lawyers, and Transformation in Democratic South Africa

Registration for this class took place in Spring 2019. Enrollment in the class is currently closed. 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 the last five years, discontent with the pace of economic and social transformation has boiled over. In 2015, university campuses erupted in protests. Students' demands quic more »
Registration for this class took place in Spring 2019. Enrollment in the class is currently closed. 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 the last five 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 shackdwellers movement Abahlali baseMjondolo; Equal Education, an organization of high school-age students; and pioneering class actions on behalf of injured gold miners. These 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 9 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 16 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. Elements use in grading: 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.
Terms: Aut | 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, corruption is deeply embedded in the perceived image of Latin America. At least two different faces shape corruption in Latin America recently. The first is one which involves resources for politicians and their election campaigns. In business, this practice generates concrete entry barriers and harmful outcomes for the free market. One of the aims of this course is to show how this kind of corruption appears in the design of legal statutes and the practices of institutions. Some of the questions raised are: What are the incentives for crime in Latin America? What do the recent plea-bargain cases in Latin America, especially Brazil, show about hands-on experience with corruption? How can this knowledge prepare lawyers to prevent their clients from falling into the same path-dependent dangers? The second face of corruption stands from the nee more »
Corruption is a global problem. Although data suggests that there are places that accumulate more harmful practices than Latin American countries, corruption is deeply embedded in the perceived image of Latin America. At least two different faces shape corruption in Latin America recently. The first is one which involves resources for politicians and their election campaigns. In business, this practice generates concrete entry barriers and harmful outcomes for the free market. One of the aims of this course is to show how this kind of corruption appears in the design of legal statutes and the practices of institutions. Some of the questions raised are: What are the incentives for crime in Latin America? What do the recent plea-bargain cases in Latin America, especially Brazil, show about hands-on experience with corruption? How can this knowledge prepare lawyers to prevent their clients from falling into the same path-dependent dangers? The second face of corruption stands from the need for petty bribery so that people gain access to basic things to the sophisticated structure that supports drug trafficking and organized crime. For this topic, the course aims to present Latin America as a patchwork of broad singularities. Risk and uncertainty, information asymmetry, and contract enforceability are traditional barriers to the development of ethical business in Latin America in general. However, different countries represent different challenges. Some of the questions that arise from this topic are: How does political austerity in Latin America relate to the ability to inspect areas that are vulnerable to corruption and criminality? What can companies and institutions do to improve fair trading in Latin America and stop the vicious cycle of corruption culture? Would companies accept a reduction in profits during an adaptation period? What procedures are usually implemented to prevent corruption in Latin American countries? How successful might they be considering its environment? We will learn through seminar-style discussion and lectures. 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, and reaction papers. Elements used in grading: Attendance, Class Participation, Written Assignments
Terms: Win | Units: 2

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 Proces more »
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.
Terms: Aut | 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 2018 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.
Terms: Win, Spr | Units: 3

LAW 5103: State-Building and the Rule of Law Seminar

The State-Building and the Rule of Law Seminar is centrally concerned with bridging theory and practice. The seminar introduces the key theories relevant to state-building generally, and strengthening the rule of law in particular. This course explores the multidisciplinary nature of development --- through readings, lectures, guest lectures, case studies, and seminar discussions --- and asks how lawyers fit in and contribute to the process? The set of developing countries considered within the scope of this workshop is broad. It includes, among others, states engaged in post-conflict reconstruction, e.g., Cambodia, Timor Leste, Rwanda, Iraq, Sierra Leone; states still in conflict, e.g., Afghanistan, Somalia; the poorest states of the world that may not fall neatly into the categories of conflict or post-conflict, e.g., Nepal, Haiti; least developed states that are not marked by high levels of violent conflict at all, e.g., Bhutan; and more developed states at critical stages of transi more »
The State-Building and the Rule of Law Seminar is centrally concerned with bridging theory and practice. The seminar introduces the key theories relevant to state-building generally, and strengthening the rule of law in particular. This course explores the multidisciplinary nature of development --- through readings, lectures, guest lectures, case studies, and seminar discussions --- and asks how lawyers fit in and contribute to the process? The set of developing countries considered within the scope of this workshop is broad. It includes, among others, states engaged in post-conflict reconstruction, e.g., Cambodia, Timor Leste, Rwanda, Iraq, Sierra Leone; states still in conflict, e.g., Afghanistan, Somalia; the poorest states of the world that may not fall neatly into the categories of conflict or post-conflict, e.g., Nepal, Haiti; least developed states that are not marked by high levels of violent conflict at all, e.g., Bhutan; and more developed states at critical stages of transition, e.g., Tunisia, Georgia, Hungary. 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 EL credit or R credit. Automatic grading penalty waived for submission of the final work products. CONSENT APPLICATION: The seminar is open by consent to up to sixteen (16) JD, SPILS, and LLM students, and graduate students from other departments within Stanford University. 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). 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 352).
Terms: Aut | 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.
Terms: Win, Spr | Units: 3
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