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[Clinics/Externships]  [LLM]  [Co-Curricular]  [Seminar]  [Upper-Level
Clinics/Externships
Child Advocacy Clinic (Finck)     Fall 2013
6 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. Legal advocacy for children and adolescents involves a dynamic range of substantive legal issues informed by the most recent research and practice in the fields of social work, medicine and mental health. Students in the clinic represent adolescent and youth clients on a variety of matters including child welfare cases, immigration proceedings, education issues and health related matters. As part of an interdisciplinary legal team with graduate level social work students and a social work supervisor, clinic students will identify legal issues, use interdisciplinary practice skills to advocate for their clients and appear in a variety of ve. As part of the seminar, clinic students will also have access to experts and guest lecturers from the Children’s Hospital of Philadelphia and Penn’s School of Social Policy and Practice to assist with their interdisciplinary representation of clients and examination of laws and policies affecting children and families. Under Pennsylvania’s student practice rule, students will serve as primary counsel for children and youth responsible for interviewing and counselling clients, identifying legal issues, developing case theories, and providing legal representation in formal adjudicatory hearings. Working in interdisciplinary teams, students will meet regularly with the Professor and social work supervisor to receive guidance and feedback on their casework and advocacy. As part of the classroom seminar, students will develop interviewing, counseling, and oral advocacy skills through simulations and mock hearings. Students will also explore the legal and policy landscape for poor children and families with regards to child welfare, education, immigration and health care with guest lecturers from Philadelphia, CHOP and SP2. Students will work on a cornerstone policy project focusing on issues impacting children and adolescents across disciplines. Finally, students will tackle important ethical issues that arise in interdisciplinary practice with doctors, teachers and social workers. Students must appear at the first meeting of the course, or may be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Interdisciplinary Child Advocacy Clinic toward their public service requirement will receive one less credit.
Civil Practice Clinic: Fieldwork (Rulli)     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. This clinical course examines first hand the challenging issues that confront lawyers who represent clients in civil disputes and litigation. Under close faculty supervision, students will serve as litigators in the Penn Legal Assistance Office, a teaching law firm providing legal representation to actual clients whose interests are directly at stake in state and federal court proceedings and in administrative agency hearings. Students will interview and counsel clients, develop case theories, negotiate with opposing parties, and provide legal representation in formal adjudicatory hearings under Pennsylvania's student practice rule. Students will be assigned their own individual cases in which they will have primary responsibility in a broad range of substantive areas, such as housing, social security disability, child custody and support, civil forfeiture, education, and discrimination and civil rights. The skills and experience obtained in this course will serve students throughout their professional careers, whether or not they choose to pursue litigation practice. In addition to their casework as lawyers, students will engage in classroom seminars twice weekly to obtain training in basic interactional skills (e.g., interviewing, counseling, negotiating) and to discuss in a collegial setting issues of case development, strategy and professional responsibility which arise in the Clinic's cases. Students will also participate in videotaped simulations utilizing trained actors as a means of enhancing skills development. Most important, each student will be assigned to an individual faculty supervisor with whom he/she will meet regularly on a one-to-one basis to receive close supervision and constructive feedback. Students will develop competence in basic lawyering skills as well as self-reflection, acquiring an ability to analyze what it is they do as lawyers and to learn from their own experiences. The Penn Legal Assistance Office is located in Silverman Hall which includes a court room, client interview and conference rooms (equipped with video recording equipment), and computerized student work and research areas. Fieldwork and classroom components of the course are graded separately. Class attendance is mandatory. N.B. You may not enroll in this course if: a) you are enrolled in another clinical course, or an externship in the same semester; or b) you are responsible for 3 or more incomplete grades at the beginning of the semester. You must appear at the first meeting of the course, or you will be automatically dropped from the course (unless you have advance permission from the instructor). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course (one week prior to the end of the add/drop period for most law school course). Students who elect to use their enrollment in the Civil Practice Clinic toward their public service requirement will receive one less credit for this course. The clinic is seven (7) credits, however with special permission from the Instructor, students can enroll in the clinic for five (5) credits.
Criminal Defense Clinic (Robb)     Fall 2013
4 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. This clinical course will combine hands on trial experience with an educational component tailored to developing litigation skills. Students will try cases under the close supervision of a senior trial attorney from the Defender Association of Philadelphia. During the first four weeks there will be intensive classroom study where students will learn Pennsylvania Criminal Law, Procedure, Evidence, trial and cross examination skills. During this period students will also be assigned mock cases to prepare in addition to observing actual preliminary arraignments, preliminary hearings, and trials in municipal court. Students will then be assigned to represent defendants. Students will conduct misdemeanor trials and preliminary hearings for felony cases. Students will interview and counsel clients, develop case theories, negotiate with opposing parties, and prepare various pretrial motions. Students will be interacting with their clients, members of the judiciary, District Attorneys, witnesses and complainants. Successful participants will need to be able to persuasively articulate legal arguments, work with a wide variety of individuals and maintain their composure in difficult situations. It is the instructor’s expectation that each student will have the experience of representing clients on 5 to 7 different cases. In addition to the classroom educational component described above, students will be exposed to a variety of guest speakers who will examine some of the ethical and social issues raised in criminal defense, and particular issues involved in representing the indigent. This course will meet for 6-1/2 hours, over two days per week. There will be a mid-semester evaluation of the student's progress and weekly feedback of the student's in-court performance, which can be scheduled at the student's convenience. All classes will be held at the Defender's Association office in Philadelphia (1441 Sansom Street). The office is easily accessible by public transportation, and students will not be reimbursed for travel to the office. This course will be open to 2L's who have completed three semesters of law school. It's preferred that students have already completed Evidence, however this course can be taken at the same time as the student is enrolled in this clinic (as a co-requiste). Enrollment is limited to 8 students. Class attendance and courtroom appearances are mandatory. The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in this clinic toward their public service requirement will receive one less credit for htis course. In addition to various handouts provided by the instructor, the required text is Crimes Code of Pennsylvania, Gould Publications.
Detkin Intellectual Property Clinic (Dahl)     Fall 2013
7 sem. hrs.
This clinical course challenges students to straddle the worlds of law, business, technology and the arts as they apply theory to practice by taking primary responsibility for real-life IP matters. Working out of the Gittis Center, Penn’s teaching law firm, students address all manner of transactional patent, copyright, trademark and trade secret issues specifically chosen to provide an overview of different IP law career settings. Clients will vary by size, focus and industry to provide a rich experience for the class, and may include scientists, entrepreneurs, artists, and large and small for-profit and non-profit entities. A central client for the Clinic will be Penn's Center for Technology Transfer. A simultaneous seminar provides a supportive and dynamic learning environment for students to develop and practice essential skills -- including interviewing, drafting, negotiating, and client counseling -- through simulations and exercises. The Clinic also provides opportunities to interact with students from other professional schools and members of the Philadelphia Bar formally and informally to deepen students’ professional understanding of how to be an effective counselor in business, technical and arts-oriented settings. Case rounds and weekly supervisory sessions with an experienced faculty-practitioner reinforce and expand concepts presented in cases, and give students a chance to reflect upon and deepen their understanding of ethical, practical and substantive issues. Note: the Clinic does not handle litigation matters. Students do not have to have a technical background to apply; however, this course assumes some familiarity with the legal subject matter. Introduction to Intellectual Property is strongly recommended. Students enrolled in joint or dual degrees or certificates in business or the sciences are encouraged to apply. Students must attend the first seminar meeting, or risk being dropped from the roster. Due to case assignments, the drop/add period for the Clinic ends earlier than normal -- at 4 p.m. on the first Friday after the start of the semester. Students may apply their enrollment in the Clinic toward their public service requirement, but will receive one fewer credit for the Clinic. A few classes may have to be held in the early evening in order to work with students from other schools (dates TBA).
Entrepreneurship Legal Clinic (Kosuri/McMenamin)     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. This clinical course involves the direct representation of entrepreneurs, businesses, and social entrepreneurs from the Philadelphia area. With the guidance and supervision of full-time faculty with significant transactional experience, students serve as the primary counsel to both for profit and non-profit clients on matters such as business structuring and formation, contract drafting and review, intellectual property, managing employees, negotiating with third parties, asset acquisitions and dispositions, business strategy, and regulatory requirements. The Clinic does not litigate. Through weekly seminars, concepts and skills involving substantive law, business, and professional development are introduced to enable students to best serve their clients and learn the fundamentals of transactional practice and impact distressed communities. In addition to the regularly scheduled class meetings, students will meet with Faculty supervisors at least once a week for approximately an hour. Students also conduct a full day workshop to area entrepreneurs on various legal topics associated with starting or growing a business. Participation in and attendance at the workshop is a requirement of the Course and will take place on a Saturday. It is too early to finalize the date because of logistical reasons, however the Workshop will likely take place on Oct. 26, Nov. 2, or Nov. 9. Enrollment is limited to 16 students. There are no prerequisites but Corporations, Introduction to Intellectual Property, Contract Drafting and the Wharton Certificate in Management program are useful. N.B. You may not enroll in this course if: a) you are enrolled in another clinical course, or an externship in the same semester; or b) you have 3 or more incomplete grades at the beginning of the semester. To successfully enroll in this course and avoid being replaced by a student on the wait list, you must appear by the second class session. (See General Enrollment Procedures for Clinics available on the Registrar's Clinic Course Description page). The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course. Students who elect to use their enrollment in the Entrepreneurship Legal Clinic toward their public service requirement will receive one less credit for this course.
Externship: Community Legal Services     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Note: There are two 7credit Community Legal Services Externship offerings for students to enroll in. The CLS – Chinatown Project Externship (LAW 815-001) is not described below, but requires that the extern be available to work in both the Chinatown Clinic and the North Philadelphia office. The CLS Externship (LAW 830-001) described below does not require that the extern work in the CLS Chinatown Clinic. With a budget of more than five million dollars from state, local and private sources, Community Legal Services (CLS) is one of the primary legal services agencies responsible for meeting the civil legal needs of Philadelphia's poorest citizens. CLS employs experienced lawyers and leading advocates in priority areas of law affecting low-income residents, including landlord-tenant, consumer, employment, welfare, disability and elder law. Opportunities for placement exist in CLS offices in Center City or at CLS' neighborhood office in North Central Philadelphia. Student assignments will involve a broad range of lawyering tasks, including to the greatest extent possible client interviewing, counseling, case planning and development, and hearing preparation and participation. Each student will work closely with an experienced legal services attorney at the assigned location. There are potential placement sites at CLS in its Landlord-Tenant, Employment, Public Benefits, and Consumer-Housing Units. In addition, CLS’ Advocating on Behalf of Children Project represents disabled children from low income families seeking SSI (Supplemental Security Income) and other benefits. The law students working with the ABC program have their own cases, get their own records documenting their clients’ disability, write briefs and represent their clients at hearings before Administrative Law Judges of the SSA (Social Security Administration). The ABC program is a small unit with one paralegal, one full time attorney and one part time attorney. Students enjoy the collegial atmosphere of the unit. Students also work on systemic issues and appellate briefs as they arise during their externship. Community Legal Service students should contact Rachel Mayover, Clinic Administrator, in the Clinical Programs office to arrange for their certification under Pennsylvania's student practice rule. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
Externship: Death Penalty Federal Defender     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Death Penalty Externship will provide law students with hands-on training in most areas of post-conviction capital case litigation. Students will participate in a thorough orientation on capital work and responsibilities at the Capital Habeas Corpus Unit, Federal Court Division of the Defender Association. They will also attend informal seminars instructed by staff attorneys on specific aspects of capital post-conviction litigation including habeas corpus evaluation hearings and appellate litigation. Most of the students' time will be spent researching and writing claims for inclusion in habeas petitions as well as investigating cases, including interviewing clients, witnesses, and jurors. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
Externship: District Attorney's Office - Montgomery County     Fall 2013
4 sem. hrs.
The Montgomery County Office of the District Attorney’s Externship Program offers 3L’s and 2L’s who have completed three semesters of law school, the unique opportunity to personally experience the Pennsylvania criminal justice system as a county prosecutor. Externs will work on all aspects of a criminal case – from investigation through trial. During the first week of the externship (which will coincide with the first week of law school classes), externs will attend an intensive training program designed to generally introduce them to the practice of criminal law in Montgomery County, and specifically to the role of an Assistant District Attorney. Each extern is then assigned to assist a Senior Assistant District Attorney (ADA) within one of our Trials Division Units (Major Crimes, Domestic Violence, Sex Crimes or Economic Fraud). Assignment, as much as possible, will be based upon the extern’s expressed interests. Each ADA works with closely with his/her extern to provide the best possible educational experience. Externs are given a wide range of prosecutorial responsibilities both in and out of the courtroom. Inside the courtroom, with direct supervision by the assigned ADA, externs represent the Commonwealth of Pennsylvania in criminal matters such as probation violation hearings, indirect criminal contempt proceedings, and summary appeals. However, externs will not be permitted to conduct felony preliminary hearings in this externship. Outside the courtroom, externs perform legal research, write briefs and other memoranda, meet with police, interview witnesses/victims, and perform case file reviews. Externs will be required to work at least twelve hours per week in exchange for four academic credits (additional participation is encouraged, but not at the expense of scheduled classes). Each extern must also maintain weekly Time & Activity Reports, as well as a journal of his/her experiences, and will meet with a law school faculty supervisor on a bi-weekly basis. For further information, please visit www.montcopa.org/da. Please note that there is no reimbursement for transportation costs, however the office is located a short walk from the SEPTA Norristown Transportation center. You may not enroll in this externship if you are enrolled in a clinical course or another externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
Externship: District Attorney's Office - Phila     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. PREREQUISITE: Students must have completed Evidence and have completed or concurrently be enrolled in Criminal Procedure: Prosecution and Adjudication or Constitutional Criminal Procedure. You will be REQUIRED TO ATTEND two all day training classes on August 28, 2013 and September 4, 2013 that will take place from 9:0 AM - 5:00 PM at the DA's office. Please e-mail Rachel Mayover, Clinic Administrative Director, at rmayover@law.upenn.edu to find out the exact dates as they were not available at the time this was posted. IMPORTANT: If you miss one or both of the training classes the DA's Office will not allow you to stay enrolled in this Externship! After students are certified by the PA Supreme Court they will appear in the Phila. Municipal Court to handle preliminary hearings in felony cases, pre-trial motions and trials in misdemeanor cases. Student experiences are closely supervised and critically analyzed. Mock presentations and evaluations are conducted throughout the course. Participants must possess the fortitude to litigate in court; students will be interacting not only with members of the judiciary before whom they appear, but also with opposing counsel, and witnesses and victims of crime, some of whom may be uncooperative. Successful participants need excellent interpersonal and communications skills, abundant self-confidence, an outgoing nature, flexibility, and an ability to maintain their composure under stress. While this local Externship will require a min. of 20 hours work each week, and many weeks will require substantially more hours. Participants must be available: 1. On two full days to appear in court. 2. From 3:00 p.m. to 5:00 p.m. -- on the afternoon preceding each day in court to review case files with their assigned supervising attorney (e.g. from 3:00 p.m. Friday if court days are Monday and Tuesday). 3. CLASSROOM COMPONENT: to attend a classroom component from 3:00 to 5:00 p.m. each Wednesday. 4. After each court appearance to complete paperwork. This must be done before the student leaves the office and entails approximately 2 to 3 hours of very careful preparation. Students can't miss the class meeting to finish this work. 5. Mandatory Training Sessions: Students MUST be available for 2 full days (9:00 AM - 5:00 PM) of training on August 28, 2013 and September 4, 2013 at the DA's Office. IMPORTANT: If you miss one or both of the training classes the DA's Office will not allow you to stay enrolled in this Externship! Dress code for this Externship is courtroom attire required at ALL times. Please note that no reimbursement will be provided to students for travel to the DA's office or for any expenses related to your cases. Background Check. A background and/or criminal record check will be made. The required text is Crimes Code of Pennsylvania (Gould). Contact Rachel Mayover, rmayover@law.upenn.edu, to arrange for certification under Pennsylvania's student practice rule before the close of the first week of classes. You can't enroll in this Externship if you are enrolled in another Clinic or Externship in the same semester. The add/drop period for this Externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this Externship toward their public service requirement will receive one less credit for this course. Be certain to review the "Enrollment Procedures for Clinical Courses" section on the Registrar's website.
Externship: Federal Appellate Litigation     Fall 2013
4 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Penn Law School, in cooperation with Dechert LLP, a major national law firm, offers an innovative opportunity for students who are interested in federal appellate litigation to participate in an appellate clinical externship at Dechert's Philadelphia office. Students will work closely with attorneys from Dechert’s appellate practice to identify issues for appeal, conduct research, draft briefs, moot oral arguments, and, whenever possible, argue their assigned cases before the U.S. Court of Appeals for the Third Circuit (to the extent allowed by Third Circuit Local Rule 46.3 which permits students to argue civil rights and habeas cases on behalf of indigent prisoners). Under the supervision of Dechert Partner Cheryl A. Krause, in conjunction with the Penn Clinical program, students will participate in a 4-credit externship (requiring on average 12 hours per week from each student), gaining invaluable hands-on experience in federal appellate litigation. Should some (or all) of the students have their cases selected for oral argument in the spring term, they may, on an individual basis, be able to pursue independent study credit, if appropriate, for work related to preparing for and delivering their oral argument(s). This externship is only open to third year students since a student must complete four semesters before being eligible to make an appearance in the Third Circuit under the Court’s student practice rule. In order to be considered for enrollment, students must have submitted an application prior to the start of Advance Registration to Rachel Mayover, Clinic Administrator. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
Externship: PA Human Relations Commission     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. The Pennsylvania Human Relations Commission is the state agency responsible for enforcing the Commonwealth of Pennsylvania’s civil rights. The externship will provide the opportunity to perform legal research, writing, investigation, and litigation in the areas of employment discrimination, public accommodations discrimination, unfair educational opportunities, and housing discrimination, including: mortgage lending and predatory lending discrimination. The extern will be provided a wide variety of challenging legal tasks involving the Legal Division’s investigative and prosecutorial functions within the Commission. During the Commission’s investigative process, the extern will be involved in the drafting of complaints, attending fact-finding conferences, interviewing complainants, preparing subpoenas, responding to motions, and drafting legal opinions on a wide variety of topics. Furthermore, the extern will routinely review investigative case files to identify relevant facts and issues in the context of an analytical analysis of the evidence with the goal to determine whether unlawful discrimination occurred in any given matter. During the Commission’s prosecutorial process, the extern will be involved in all aspects of discovery and litigation for a number of cases on the Commission’s public hearing docket. In particular, the extern will assist the Commission attorneys in preparing interrogatories, requests for documents, subpoenas, stipulations of fact, and requests for admissions. The extern will also attend depositions, assist in witness preparation, assist in presenting cases at public hearings before administrative law judges or panel of commissioners and assist in preparing post-hearing and appellate briefs. You may not enroll in this externship if you are enrolled in another clinic or externship in the same semester, or are responsible for 3 or more incomplete grades at the beginning of the semester. The add/drop period for this externship ends at 4:00 PM on the first Friday after the start of classes. Students who elect to use their enrollment in this externship toward their public service requirement will receive one less credit for this course.
Mediation Clinic (Frenkel)     Fall 2013
4 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. Mediation involves the intervention of a neutral third party into an existing or threatened dispute, usually with the aim of facilitating a negotiated resolution of the conflict. Lawyers are increasingly immersed in this arena, both as mediators and as representatives of clients in mediation. It is also a subject of great interest to business/transactional lawyers and those practicing criminal law. This clinical course focuses on the role, skills and ethical questions involved in the mediation function. It includes classroom study, simulated skills training, observations of outside neutrals in actual cases, and real case fieldwork in which students are front-line mediators under faculty supervision. By the end of the course, students will have learned a great deal about negotiation, advising, evaluating cases in litigation, chairing a meeting--as well as conflict resolution as a mediator. The course begins with classroom study and intensive simulation skills training. During this period, students are assigned to observe actual mediations and adjudications. In order for the fieldwork to begin by Week 6, there are approximately 12 hours of extra skills classes. (There will be partial make-up time reduction in later weeks.) Starting in Week 6, students are assigned to faculty-supervised mediations. Cases include civil litigation, criminal matters, child custody disputes and employment discrimination matters. The seminar meets for two (2) class sessions per week during most of the semester. Enrollment is limited. In order to avoid being replaced by a student on the wait list, you must appear by the second meeting of the class. Students who elect to use their enrollment in the Mediation Clinic to satisfy their Public Service requirement will receive three credits for this course. Add/drop ends at 4:00 PM on the first Friday after the start of the course. *NB: Students must be available for extra front-end classes from 12:00-1:20pm on the following Mondays and Wednesdays: September 9, 11, 16, 18, 25, 30, October 2,7, and 9. *
Supreme Court Clinic - Yearlong     Fall 2013
4 sem. hrs.
Supreme Court Clinic Professors S. Bibas, J. Feldman, N. Gordon, S. Kinnaird, and A. Wax. Yearlong: Fall 2013 and Spring 2014, 4 credits for Fall semester, MWTh 1:30-2:50 p.m.; 3-4 credits for Spring semester (TBD). Clinic enrollment limited to twelve students. This year-long clinic will give students intensive, hands-on experience litigating cases before the Supreme Court of the United States. The clinic will focus on the practical side of identifying and litigating actual pending cases. With the instructors and Supreme Court lawyers at a major Washington law firm, students will research and identify promising cases for Supreme Court review and take part in strategy sessions and conference calls, learning first-hand the tactical considerations that shape litigating positions and stances. They will then research, draft, critique, and edit certiorari petitions, merits briefs, and briefs amicus curiae at the certiorari and merits stages. Through intensive research, writing, editing, and rewriting, students will hone their analytical and legal-writing skills. Students will travel to Washington, D.C. each semester to meet with experienced litigators and watch moot courts and oral arguments in the cases on which they have worked. Students must be prepared to commit an average of twelve to fifteen hours per week to the clinic throughout the academic year, though the instructors make every effort to lighten the load around the final examinations period. Students ordinarily may not drop or add this course without the instructors’ permission. Attendance is required and will factor into students' grades. The clinic will meet on average twice a week—more when the clinic is busy and less when there are few deadlines approaching. Much communication and instruction will take place by email, in small-group meetings, and in conference calls. Classes will be not lectures but seminar-style discussions and teamwork on group projects.
Transnational Legal Clinic (Paoletti/Gansallo)     Fall 2013
7 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR CLINICS AVAILABLE ON THE REGISTRATION INSTRUCTION PAGE. Working in teams of two or more, students in the Transnational Legal Clinic engage in direct representation of individual and organizational clients in immigration and human rights cases and projects. Representation may encompass advocacy before administrative agencies or courts or before governmental agencies or international organizations focused on the promotion of human rights. Students are expected to assume responsibility for all aspects of client representation and legal advocacy, while exploring differences in culture, language and legal systems. They meet regularly in their teams with the faculty supervisor to receive guidance and constructive feedback. Seminar time is devoted to: training in fundamental lawyering skills (i.e., interviewing, counseling, case theory and persuasive advocacy) through lectures, videos, interactive group work and simulations; and, case rounds, during which students share developments and solicit suggestions and feedback on legal, factual, ethical and strategic issues that arise in their cases. In addition, a visit to observe proceedings in the Philadelphia Immigration Court is arranged as part of the course. Throughout the semester, students will have the opportunity to explore through their own case and project work competing interests underlying the development of immigration law in the U.S. and in other countries, and its relationship to international law, the role of international and comparative law in effectuating change at the domestic level, law and organizing, and the role of the lawyer and the client in larger human rights/impact litigation cases. While there are no prerequisites, the seminar is not a substitute for an international or immigration law course. Substantive law will be discussed as needed in specific cases and students are responsible – with the guidance of the faculty supervisor – for researching and analyzing the underlying law(s) and procedure(s) relevant to their individual cases. Students are provided a grading memo at the start of the semester outlining the criteria on which they will be graded. Students are expected to engage in critical reflection on the choices presented and made in their cases, and are required to write a self-evaluation memo mid-semester and at the end of the semester assessing their own performance and professional development. Class participation is mandatory. Students enrolled are required to read prior to the start of classes The Spirit Catches You and You Fall Down, by Anne Fadiman. The book explores the relationships between the American medical system, doctors and social workers, and a young Hmong girl and her refugee family. It raises several issues of cross-cultural communication that will serve as the basis for discussions throughout the semester and for student reflection and reference during interactions with their own clients. N.B. You may not enroll in this course if you are enrolled in another clinical course or an externship in the same semester. In order to avoid being replaced by a student on the wait list, you must appear by the first meeting of the class. Students who elect to use their enrollment in this clinic toward their public service requirement will receive one less credit for this course. The drop/add period for this course ends at 4 p.m. on the first Friday after the start of the course.
LLM
Common Law Contracts for Civil Lawyers (Marvin)     Fall 2013
2 sem. hrs.
This course provides a summary of modern American contract law. The emphasis is on how common law contract principles have been, and are constantly being, developed and refined by common law courts. The Restatement of Contracts and the Uniform Commercial Code will be discussed as part of the over-all survey of modern American contract law. An overview of such basic concepts as offer, acceptance, consideration, defenses to contract formation, and remedies will be presented as will practice based solutions to particular problems. The course assumes some familiarity with U.S. civil procedure (federal and state). It is designed to give lawyers familiar with Code contract principles an idea of how the American common law has shaped and developed similar commercial concepts and principles. The emphasis is on practice rather than theory and is geared to the practitioner rather than the student. Course requirements - there will be one final examination. Drop/add must be completed by the end of the third class session. There will be only one final, multiple choice exam. Attendance is strongly recommended for all sessions as the material in the class discussions will bear significantly on the topics being addressed.
Co-Curricular
Littleton Fellows (Barrett)     Fall 2013
3 sem. hrs.
Littleton Fellows only.
Mock Trial Team Competition (Englert)     Fall 2013
sem. hrs.
As a member of the Penn Law Mock Trial Team, you will learn the skills necessary to analyze, prepare, and to try civil/criminal cases in the courtroom. You will learn how to connect with the judge and jury through your speeches. You will learn how to tell a compelling story through your witnesses on direct examination, and you will learn how to destroy your opponents’ witnesses through cross-examination. Most importantly, in weekly skills workshops you will have the opportunity to experience and use the legal principles that are ordinarily only topics of discussion in your other courses. Advanced workshops will focus on theatre, psychology, and technology in the courtroom. Additional subject matter may be covered depending on student interest and student requests. All interested students are welcome to register to attend the weekly skills workshops in the Fall and Spring semesters. Participation in a formal competition is optional; however, you must participate in a formal competition to receive credit.* In 2009-2010, we will compete in at least two national competitions and field at least four teams. During the Spring semester, students will compete in the AAJ National Student Trial Advocacy Competition (STAC) and the ATLAC Mock Trial Competition (“ATLAC”) against teams from schools from around the country. By way of example, the ATLAC competition is held annually in the United States District Court for the Western District of Pennsylvania (“Pa.W.D.”). Eighteen schools from around the country prepare either the Plaintiff or Defense side of a real case submitted to the organizers. In addition to the team’s plaintiff/defendant witness (traditionally played by a 1L), on the day of the trial, the organizers provide medical doctors to serve as expert witnesses and paralegals to act as fact witnesses, both of whom must be prepared for their testimony “on the spot.” A sitting federal District Court judge presides over the day-long trial, after which, a real jury issues a verdict. Since the team’s first year of participation in this competition, we have not lost a verdict. Additional details on both competitions are available at www.atlac.org/mock.html and www.justice.org/cps/rde/xchg/justice/hs.xsl/1734.htm Students may also participate in additional competitions relating to White Collar Crime, Employment Law, and Criminal Trial Advocacy depending on student interest. Attendance at the weekly workshops in the Fall and Spring is mandatory for competitors and the course will be graded as Credit/No Credit. Failure to attend more than two workshops or withdrawal from a competition after committing to participate without prior approval will result in an award of “No Credit.” Competitors are expected to meet and practice in addition to the weekly workshops at least commensurate with the credit awarded for competition participation. *1Ls are also encouraged to attend our weekly workshops as early as their schedules allow to sharpen their advocacy skills. Length of seniority on the team will be considered in selecting team members to fill limited competition slots. 1Ls may compete as witnesses and will receive a notation for participation on their official transcript but are not currently eligible to receive credit for participation.
Seminar
Advanced Regulatory Law and Policy (Coglianese) (S)    Fall 2013
2 sem. hrs.
The Advanced Regulatory Law and Policy seminar provides a unique educational opportunity for anyone interested in contemporary developments in regulatory law and policy across a variety of issue areas. Throughout the term, seminar participants follow regulatory developments in real time as well as encounter some of the most up-to-date research on regulatory issues. The primary work of the seminar centers around the production of RegBlog, a daily online source of writing about regulatory news, analysis, and opinion. The format of weekly seminars varies, ranging from early lectures on the regulatory process to in-depth discussions of contemporary regulatory issues, and from critique of peer writing samples to analysis of current research articles. Enrollment in the Advanced Regulatory Law and Policy seminar is subject to permission of the instructor. Participants in Advanced Regulatory Law and Policy meet at the same time and location as participants in the Regulatory Law and Policy Seminar. The advanced seminar participants will take a leadership role in producing RegBlog, both preparing their own writing assignments, providing oral presentations about regulatory or writing issues, and conducting a peer editing process overseen by Professor Coglianese. This seminar meets weekly throughout the year, and students in the advanced seminar are expected to enroll in both terms. Starting in 2013-2014, prior enrollment in one or more terms of the Regulatory Law and Policy seminar will be a prerequisite for enrollment in the advanced seminar.
Challenges Facing the General Counsel (Fisch/Kuhlik/Pudlin) (S)    Fall 2013
3 sem. hrs.
Most of the law school curriculum focuses on law firm practice, but major businesses employ in-house lawyers in addition to retaining outside counsel. The Chief Legal Officer or General Counsel faces a variety of challenges that combine business and legal issues. At the same time, the General Counsel has a unique role in serving as a lawyer-statesman who plays a central part in setting the direction and the moral compass of the corporation while mediating among the corporation’s various constituencies and their internal relationships. This course will, through the involvement of prominent guest speakers, many of whom are current or former general counsel of major corporations, explore a series of recent challenges faced by general counsel. Topics to be explored include handling “bet the company” litigation, transformative transactions, relations with the board and CEO, dealing with shareholder activism, corporate social responsibility, relations with regulators, developing high quality risk management and compliance practices, and crisis management. The course will examine both the applicable legal rules and introduce the skills, beyond understanding law, required in complex problem-solving and leadership by the lawyer-statesman. This course is designed for the upper class student. Corporations or permission of the instructor is a prerequisite. LLM students need the approval of the instructor. Students will be required to participate actively and to engage with the guest speakers in class. Students will also be required to write brief weekly analytical papers on assigned topics in preparation for each class. The course grade will be based on 50% class participation and 50% on weekly response papers.
Commercial Litigation Strategy (Baylson) (S)    Fall 2013
3 sem. hrs.
The course includes case studies of categories of litigation and the types of relief that plaintiffs seek, including damages, injunctive relief, declaratory judgments, and class actions. Experienced litigators will be guest speakers. Students will be expected to read cases assigned and participate in class discussions. Generally, each class will have two separate segments. One segment will be discussion of the cases from the assigned reading, generally led by one of the students, subject to advance assignment. The discussion will focus on the contentions by counsel and the court’s decision, with an emphasis on strategic objectives and alternatives. The second segment will discuss a general litigation topic, usually with a guest speaker. The specific topics are listed above, but are subject to change. There is no exam. The grade will be based on class participation (20%), one short paper (20%), and one long paper (60%). 3Ls only are permitted to enroll in the seminar.
Constitution Outside of the Courts: Theory & History (Lee) (S)    Fall 2013
3 sem. hrs.
In February 2009, Stephen Reinhardt became the first federal judge to rule that section 7 of the Defense of Marriage Act (DOMA), 1 U.S.C. § 7 (2009), violates the Fifth Amendment’s Due Process Clause. Section 7 defines marriage for purposes of interpreting federal laws, regulations, rules, or agency interpretations to include only heterosexual unions. Remarkably, Judge Reinhardt made this ruling not on behalf of the United States Court of Appeals for the Ninth Circuit, but as the chairman of the Ninth Circuit’s Standing Committee on Federal Public Defenders. In other words, Reinhardt was acting as an administrator, not as a judge. On what, if any, basis can an administrator like Reinhardt legitimately interpret the Constitution differently than the courts? In recent years, legal scholars have shown a vigorous interest in the constitutional interpretations of non-court actors. One branch of this scholarship examines “popular constitutionalism”: how non-court actors, including social movements, Congress, and the President affect judicial doctrine. For many scholars such influence is desirable because it enhances the democratic legitimacy of courts’ constitutional holdings. Another branch of this scholarship analyzes “departmentalism”: the authority of non-court actors, most prominently Congress and the President, to interpret the Constitution differently than the Supreme Court. This course will survey the legal historical and theoretical work on extra-court constitutionalism. Central questions the course will address include: On what bases can government officials—members of Congress, administrators like Reinhardt, and the President—legitimately interpret the Constitution in ways that differ from the courts? If none, how should these officials approach the often gaping interpretive spaces they find between courts’ decisions and the practical applications these officials face? How should courts consider the interpretations of noncourt actors when fashioning constitutional law?
Contract Drafting (Polak) (S)    Fall 2013
3 sem. hrs.
A contract is not just a written document reflecting a meeting of the minds: properly used, it is a tool for lawyers to help their clients efficiently negotiate and finalize transactions. This course will focus on drafting fundamental agreement components using clear and precise language. Students will learn how consider and understand a business deal, how to use contract concepts to accurately reflect the parties’ understanding, and how to use drafting to seek advantage and discern and resolve business issues. This course takes a real world approach to drafting, using contracts in daily use, and examining newsworthy agreements and related disputes that could have been resolved through better drafting. The course will demonstrate how fundamental contract legal theory applies in daily business transactions. Students will draft, revise and improve agreements based on hypothetical or actual business situations during in-class exercises and written assignments. The course will also incorporate related topics, including strategies for communicating with clients, partners and other supervisors, opposing counsel and third parties and will teach students what is expected from superior legal written work, whether in the context of a law firm or otherwise. Students are expected to attend classes - a critical portion of the course is reviewing previous written work. All students who want to add this course must attend the first class.
Criminal Law Research Group (Robinson) (S)    Fall 2013
3 sem. hrs.
Penn Law - Criminal Law Research Group The American Criminal Code Project Because each of the 52 American jurisdictions has its own criminal code, it is difficult to know what the majority American rule is on any issue. Research on all 52 jurisdictions is sufficiently burdensome that most scholars and legislators simply do not do it and rely instead on common wisdom, which is commonly wrong. THE PROJECT. Penn Law's Criminal Law Research Group (https://www.law.upenn.edu/institutes/clrg/) is undertaking a project that will for the first time give scholars and legislators world-wide accurate information about American criminal law. The project has two stages to it, the first of which may well be complete by the end of this summer. Creating the Database. The project will collect, review, and index all provisions of the 52 American criminal codes, and create a database (eventually to be made publicly available on the web) that will allow users to quickly locate and display the text of all provisions in each state relating to a specific criminal law topic – e.g., it would display the code provisions of each jurisdiction relating to insanity, statutory rape, complicity, government bribery, "stand your ground" rule, or whatever subject the scholar or legislator was dealing with. Drafting Chapters of the American Criminal Code and an Accompanying Commentary. Once the database is created, the Research Group will use it to create an "American Criminal Code" (ACC), which will reflect the majority rule as it exists in the 52 American jurisdictions. The CLRG-drafted code will include not only the American Code's full text but also an official commentary that documents and explains the text and comments on the strengths and weaknesses of each aspect of the Code. The ACC is likely to have a broad and long-lasting effect as an accessible and influential resource for anyone doing work on criminal law codification anywhere in the world. For the next several years, each year's CLRG will research and draft several chapters of the ACC (the chapters to be decided by the Research Group). The work of each year's group is likely to be published as a law review article, and all those students remain involved in the work until publication will be co-authors of the article. For publication examples from earlier CLRGs, see The Modern Irrationalities of American Criminal Codes: An Empirical Study of Offense Grading, 100 Journal of Criminal Law and Criminology 709-764 (2010) at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1539083; and Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, 2 Journal of Comparative Law (British) 1-53 (2007) at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=941443. SELECTING THIS YEAR'S RESEARCH GROUP. As with past CLRG projects (https://www.law.upenn.edu/institutes/clrg/history.php), the size of the Research Group will depend on the specific demands of the project, which are not yet finalized. (A preliminary estimate suggests that a good size for this project would be 6 to 12 students.) As usual, students will register for the CLRG course (4 credit hours). (It may be possible for students to be paid instead of receiving course credit.) Participation requires permission of the instructor. Students who are interested in being considered for the project should send a current resume and an (unofficial) grade sheet to the CLRG Director, Professor Paul Robinson, at phr@law.upenn.edu. If you are interested in being considered for a post as Staff Director or Technology Director for the project, please indicate this in your submission. (Group leaders will receive additional course credit or pay.) The weekly meeting time for the CLRG will be set by the Group so as to fit the schedules of all members.
Criminal Law Theory (Robinson) (S)    Fall 2013
3 sem. hrs.
Professor Robinson, Criminal Law Theory Seminar – Fall 2013 UNPUNISHED MURDER This year's Seminar in Criminal Law Theory will focus on criminal law rules and practices that predictably lead to a failure of justice, even for serious offenses such as murder. Such failures are never desirable, of course, but they are sometimes the cost of promoting other important societal interests. The seminar will examine a range of rules and practices that may leave murder unpunished, the interests they are designed to promote, and whether the balance struck between these two makes sense given what is at stake. It also will investigate what reforms have been or could be proposed that might strike the balance differently. The rules and practices under consideration include (1) the grant of broad discretion to prosecutors to not prosecute, to sentencing judges to not punish, to parole commissions, clemency boards, and correctional officials to release offenders early, (2) the effect of political, popular, or corrupt influence to induce non-prosecution reduced sentence, or early release, (3) rules that prevent conviction without exculpation, such as double jeopardy, speedy trial, exclusionary rule, and statutes of limitation, as well as (4) criminal justice practices dealing with witness intimidation, prison overcrowding, the grant of immunity, inadequate investigative or prosecutorial resources, and giving reduced punishment to offenders who plead guilty or assist authorities. Students will help organize readings and the class discussion for one topic during the term, followed by a short paper on the subject at the end of the term (10 page maximum), and will submit a brief comment before each class on the readings for that class. A more detailed description of the seminar and its procedures, as well as its topics and readings, are available on its course portal. To enroll in this class, either before or after the start of classes, STUDENTS MUST ATTEND THE FIRST CLASS MEETING.
Cross-Border M&A (Casey) (S)    Fall 2013
3 sem. hrs.
The M&A marketplace has become increasingly global over the last 10-15 years. Companies make acquisitions outside of their home country, buy and sell global businesses and enter into joint venture transactions. The seminar will expose students to legal aspects of negotiating M&A transactions across national borders with a particular emphasis on how to structure public cross-border transactions in compliance with both the US securities laws and the laws of the acquired company’s home country, and how to negotiate private M&A transactions and joint ventures. The seminar is designed for students interested in transactional work and for those who are interested in global aspects of corporate work. The seminar will bring awareness of extra-territorial reach of securities laws and will include specific case studies of transactions in developed and developing countries. Corporations is a prerequisite. LLM students with an interest or experience in corporate law are welcome. Securities Regulation is advised, but not required.
Cultural Heritage & the Law (Lorenzo) (S)    Fall 2013
3 sem. hrs.
This class will meet in the seminar format with 20 students. The subject matter will be presented by Sharon Lorenzo who holds advanced degrees in art history and law. The text will be the third edition by Dr. Patty Gerstenblith entitled Art, Cultural Heritage and the Law. Additional readings and movies will be posted for all students on the courses portal. One Saturday field trip to New York City for visits to private art collections, museums, galleries and auction houses will be part of the offering this term. Two classes will meet off campus at the Barnes Foundation and the Philadelphia Museum of Art and one will be held at the Penn Museum on campus with museum staff and faculty. The first half of the semester will address the many issues relating to artists rights, regulations of auction practices and museums as well as copyright and authenticity questions involving art works. The second half will address the illicit trafficking of looted art, destruction of cultural heritage in times of war, and the historic preservation of artifacts on land and underwater. Each student will meet with the instructor to pick a research topic of his/her choice for a 20 page paper to be summarized in a short class presentation at the end of the term. This class may be used to satisfy the writing requirement of the law school. There will be no mid-term or final exam but occasion short homework assignments will be given by the instructor. There are no advanced requirements for this course except an interest in the subject matter which will be addressed. I do take attendance each week in this class and hope all will participate actively in the course.
DRS-Human Survival: Science, Religion, Law (S)    Fall 2013
2 sem. hrs.
2-credit, pass/fail independent “directed reading” seminar on cross-disciplinary research at the intersection of science, religion, and law. The seminar will study the concept of the survival of the human species, and within it, the possible legal policy of human survival. The core texts of the course will be book manuscripts written by Bill Draper, who will attend and will facilitate discussion. We will use the manuscripts as a starting point for ideas to be explored in class. Professor Howard Lesnick will provide oversight for the course. What is the concept of human survival? It is rooted in the global environmental crisis. In short, there is a combination of too much population, too much consumption, and too much pollution for the human species to last long given our current trajectory. The course will consider aspects of economics, science, religion, and law in relation to a longer-term future for the species. We begin by addressing the following “pre-legal” factors: 1) the connections between risk and extinction, and the relationship between property rights and life rights in neo-classical economics; 2) the scientific concept of collapse, which sees the lives of billions as a foreseeable casualty in this century; 3) the concept of extinction, and the psychology of denial, including their connections with religion, particularly Christianity; and 4) methods of survival, based on computer-generated scenarios and the teachings of psychology and philosophy. We then will look directly at questions of law and policy, including: 1) legal and regulatory policies appropriate for survival and 2) the rights, duties, and structures of international law, in light of the global nature of the problem.
Distr Dealmaking: Chp 11 & Out Ct Restr (Hessler/Sassower/Sprayregen) (S)    Fall 2013
3 sem. hrs.
This seminar will explore the highly active and sophisticated dealmaking environment that is the hallmark of modern distressed corporate restructuring--both under the supervision of a federal court applying chapter 11 of the United States Bankruptcy Code or through an agreement reached by a company and its creditors in out-of-court negotiations. The course will proceed in three stages. The first stage will cover the fundamental rights and obligations of debtors, creditors, and other parties in interest in the various types of major chapter 11 cases. This foundation will provide critical insight into understanding the motivations, strategies, and available tools for chapter 11 participants. The second stage will present a series of case studies, each of which will feature panel discussions offering the personal perspectives of key participants in the actual restructuring at issue--e.g., an executive from the company, an investor, a banker or financial adviser, etc. Each case study also will focus on a different type of restructuring--e.g., a “freefall” or conventional chapter 11 filing, a prepackaged or prearranged chapter 11, an out-of-court reorganization, a balance sheet restructuring, an operational restructuring, etc. The third and final stage will involve a mock restructuring, in which students will be assigned participant roles and challenged to apply the lessons provided in the first and second stages to navigate their way through an iterative, realistic negotiating exercise. The instructors for the seminar are three partners in Kirkland & Ellis LLP's preeminent restructuring practice.? Grades will be based upon a paper exploring a self-selected topical issue of modern chapter 11 practice (50%), performance in the mock exercise (35%) and seminar participation (15%).
E-Discovery (Kessler) (S)    Fall 2013
3 sem. hrs.
With computers and e-mail dominating business and personal life, the nature of civil discovery has changed. Lawyers need to know how to request, identify, preserve, collect, process, review and produce electronically stored information (“ESI”), as the newly amended Federal Rules of Civil Discovery call it, in all its myriad of forms. While this does not require a technical degree, there are significant pitfalls that lawyers can learn to avoid and better represent their clients. This class is designed to teach law students about the nuances of the quickly evolving world of e-discovery and practical discovery procedures and processes. The class will begin with a broad overview of how and where organizations create, retain and manage data and the basic ethical obligations of lawyers in civil discovery. The first half of the semester with then focus on practicalities and difficulties of efficeintly and defensibly identifying, preserving, collecting, processing, reviewing and producing data in civil litigation. The second half of the semester will then focus on some of the thornier issues in e-discovery including: proportionality, international discovery, databases, cloud computing, social media, transparency and ephemeral data. There will not be a text book for this class and all the readings will be provided (e.g. cases, rules, articles, Sedona Confernce commentaries, etc . . .).
Energy Law and Climate Change (Kulak) (S)    Fall 2013
3 sem. hrs.
This course provides an introduction to U.S. energy law and examines policy initiatives to address the challenges of climate change, focusing on electric generation. The course begins with study of the legal framework of regulation of the U.S. electric utility industry and the evolving power and responsibilities of the Federal Energy Regulatory Commission, state public utility commissions, and other administrative agencies. The course then examines the emergence of climate change as an energy policy issue in this regulatory context and analyzes key federal and state initiatives (and alternatives) designed to achieve a reduction in carbon emissions, including expanded use of renewable energy, nuclear energy, energy efficiency, “smart grids,” and distributed generation. Class is limited to 16 students. Grading will be based on a seminar paper and class participation.
Freedom and Responsibility (Morse) (S)    Fall 2013
3 sem. hrs.
The seminar will read two important new books that address problems of responsibility. Attendance, preparation and consistent participation are required. A paper limited to 15 pages on any related topic the student chooses is required. A longer paper can also satisfy the senior writing requirement.
GRS: Global Persp on Emerging Issues in Internet Law (Yoo/Fetzer) (S)    Fall 2013
3 sem. hrs.
The Internet has emerged as perhaps the most important driver of economic growth and innovation. As a result, a vibrant debate has emerged over which legal principles and policies best promote broadband deployment and entrepreneurship. The U.S. and other nations have historically taken widely divergent approaches to the regulation of communications technologies. Interestingly, some commentators have pointed to the OECD rankings as evidence that the U.S. should revise its polices to bring them more in line with the EU, while other commentators have pointed to the low level of infrastructure investment in Europe to suggest that the EU should adopt policies similar to those pursued by the U.S. This 2013-14 Global Research Seminar (GRS) will examine and compare the regulatory approaches taken in the U.S. and other countries (placing primary emphasis on European countries), studying both the ways in which they have converged and the ways they have remained distinct. In the process, the seminar will provide an introduction to EU law, covering both the EU’s institutions and lawmaking process. The seminar should be of particular interest to students interested in Internet policy, innovation, economic regulation, EU law, and the impact of different institutional structures (such as government ownership and federalism) on regulatory policy.
Health Law and Policy (Ruger) (S)    Fall 2013
3 sem. hrs.
This seminar will explore the manner in which decisions about medical treatment and health insurance are, and ought be, made within a complex twenty-first century health care system. With the ongoing implementation of the Affordable Care Act and related reforms, Americans are more closely interconnected in the public and private health insurance systems than ever before. Yet actual decision-making in medicine remains highly devolved to individual doctors and their patients. This provokes serious concerns about optimal quality and cost control, as decisions made for one patient increasingly reverberate throughout the system. This in turn puts pressure on public and private efforts to expand insurance access to all individuals. This seminar will explore such issues in the context of the way in which medical decisions have been made in the United States, are being made in other industrialized countries, and will be made in the future. Among topics of interest will be historical patterns of physician and patient authority, the rise of standardized “best practices” in medicine, efforts by private and public payors to control medical utilization, and policy experiments such as the Oregon Medicaid reform and the United Kingdom’s National Institute of Clinical Excellence,which applies cost-effectiveness criteria to all new medical therapies. We will explore the ACA in detail and the manner in which it does (and does not) deal with such issues. Evaluation will be based on each student's participation in seminar discussions and on the completion of a substantial research project under the instructor's supervision on a topic of the student's choosing. Readings will be posted on the Course Portal a week or more before each class session.
Human Rights, Corp Resp and Info & Comm Tech (MacKinnon/Wong) (S)    Fall 2013
3 sem. hrs.
How can Information Communications Technology (ICT) companies meet their responsibility to respect human rights around the world in the face of national laws, regulations, and law enforcement demands related to surveillance and censorship that often contradict international human rights law? This research seminar examines such cutting-edge questions - from an analytical as well as a practice-oriented perspective - at the intersection of emerging communications technologies, national law, international human rights law, and corporate responsibility.  New information and communications technologies like the Internet and mobile devices can connect and empower people in unprecedented ways. Yet companies’ business practices, engineering and design decisions, and government relationships can also result in serious violations of citizens’ right to free expression, assembly, and privacy by governments as well as private commercial entities. International human rights norms related to this problem are only just emerging: in 2011 the UN affirmed that while states have a duty to protect human rights, companies also have a responsibility to respect human rights. In 2012 it further affirmed that protection of human rights in the digital sphere is now essential to the protection and realization of physical rights. The multi-stakeholder non-governmental Global Network Initiative has developed global principles for ICT companies on upholding free expression and privacy rights. But what do these emerging digital human rights norms mean in practice for individual companies operating in specific markets?  Adjunct lecturers Cynthia Wong (Human Rights Watch) and Rebecca MacKinnon (Senior Research Fellow at the New America Foundation and Visiting Affiliate at Annenberg's Center for Global Communications Studies) are both active practitioners in the field of ICTs, human rights, and corporate responsibility. The seminar will be open to graduate students from across the university. The first several weeks will be devoted to readings and discussions of core concepts, followed by exploration of specific case studies. Students will conduct in-depth research projects focused on specific companies operating in specific markets, examining difficult questions of how these companies can uphold their human rights obligations in the face of commercial pressures and government demands that contradict international human rights law.  Research conducted for this course will be considered for publication in conjunction with a university-wide cross disciplinary project that seeks to develop and refine a methodology for comparing and ultimately ranking ICT companies on free expression and privacy criteria. (For more information about that project see http://rankingdigitalrights.org )
Intellectual Property & Corporate Lawyering (Clayton) (S)    Fall 2013
3 sem. hrs.
This course acclimates students to the perspective of intellectual property as a business asset and teaches how to use the law and lawyering skills to achieve business objectives. The course is particularly suited for students who plan to become corporate transactional lawyers and seek a deeper understanding of laws applicable to key assets of most businesses, as well as for students who plan to become intellectual property specialists and seek a broader understanding of the context in which they will practice their specialty. Underscoring the core corporate lawyering principle that lawyers must know their clients’ businesses to represent clients most effectively, the course explores the strategic utilization of intellectual property laws in an organization’s business objectives. For example, we will examine when and how corporations use trademarks, copyright, trade secrets and patents to advance and protect their products and services in the marketplace. Examples include the business assessment underlying an enterprise’s decisions regarding its trademark strategy, when to pursue patent protection versus trade secret protection, and how to navigate the ever-changing legal terrain that surrounds many new technologies. Students will have the opportunity to prepare and present strategy recommendations and relevant intellectual property filings for business case studies and hypothetical scenarios. Students must complete a final group project and write an end of semester paper. An introductory intellectual property course is a prerequisite.
Intellectual Property Litigation in the Digital Age (Marks/Rich) (S)    Fall 2013
3 sem. hrs.
This seminar will undertake an in-depth examination of how courts have applied copyright, trademark, and state misappropriation laws to emerging digital technologies, such as social networking sites, content hosting services, peer-to-peer file sharing, search engines, web-based news aggregators and clipping services, digital storage lockers, electronic library reserves, and resellers of secondhand digital goods. Legal doctrines to be examined include the scope of contributory, vicarious and inducement theories of secondary liability, conflicting conceptions of transformativeness under the copyright fair use doctrine, copyright preemption of state law, the first sale doctrine, and the safe harbors of the Digital Millenium Copyright Act. The course will examine how litigation strategies have helped to determine the outcome of particular cases and shape the development of the law. The instructors are partners in the New York office of Weil, Gotshal & Manges LLP and leaders of the firm’s IP & Media practice. The format will be discussion-based, and class participation will be taken into account in grading.
Intellectual Property Theory Colloquium (Balganesh) (S)    Fall 2013
3 sem. hrs.
This seminar is designed to provide students with an opportunity to engage with cutting-edge research in the area of intellectual property law through presentations of new work by prominent scholars in copyright, patent, and trademark law, who will visit the class to workshop their papers. The papers presented will represent a range of methodologies, perspectives, and substantive areas, and will expose students to different forms of legal scholarship in the area of intellectual property theory. The class sessions prior to each presentation will discuss the outside speaker's paper in detail, and students are expected to write short (2-3 page) response papers critiquing the author's paper. The final grade for the class will be based on the response papers and class participation. Some background in intellectual property law is recommended.
Internet, State Power, and Free Expression (Price) (S)    Fall 2013
1 sem. hrs.
Global Internet policy is a zone of contestation, with states, corporations, civil society, and "netizens" seeking to assert particular perspectives. This course studies processes and rhetoric of Internet policy-making. It seeks to identify the major competing positions and the structures in key countries charged with projecting and obtaining global consensus. Among the concepts to be analyzed in this context are "sovereignty," "Internet freedom," "multi-stakeholder involvement," and the growing role of cybersecurity. There will be sessions on Internet law, the WCIT meetings in Dubai in 2012 and its predecessors, and on approaches to Internet policy in US, China and Brazil, Russia and India. We shall explore the relationship between national policy making and global approaches.
JD/MBA Capstone Seminar (Knoll) (S)    Fall 2013
1.5 sem. hrs.
This is a required course for JD-MBAs in the final year. We will meet during the first half of the fall semester for presentations by outside speakers at the intersection of law and business. We will then break for students to prepare individual or team projects. We will resume meeting during the second half of the spring semester when students will present their projects. The spring class will meet on the following Mondays: 2/18, 2/25, 3/11, 3/18, 4/1, 4/8, 4/15.
Juvenile Justice Seminar (Feierman/Shah) (S)    Fall 2013
3 sem. hrs.
How are juvenile offenders treated differently from adult offenders? To what extent should they be? These questions provide the focus for examining how the state treats the "aberrant" behavior of children. Students will be introduced to the legal, social, and historical underpinnings of the juvenile justice system in the United States beginning with founding of the juvenile court in 1899 and then-held assumptions about the nature of childhood. We will examine how in the late twentieth century the juvenile court has undergone both ideological and institutional change from its original form. These shifts in theory will be outlined with specific attention to several U.S. Supreme Court decisions that have significantly affected juvenile court, as well as psychological and social science data that have a continuing impact on juvenile court practice and jurisdiction. Throughout the course, students are invited to consider and imagine a future role for the juvenile court as it goes forward. Each class will be co-taught by two adjunct professors who are practitioners in the filed of children's law with particular emphasis in juvenile justice. During the last five classes, weekly reading assignments will be developed by student led teams, who will work with the professors in advance to select appropriate topics, relevant caselaw or other materials, as well as appropriate videos. Student teams will be responsible for leading class discussion on their designated topic. Each student is expected to complete a paper of approximately 10-15 pages in length, on an aspect of the juvenile justice system, as well as short reaction papers and legislative drafting exercises throughout the course. The topic of the paper must be approved by one of the course instructors. Students wishing to satisfy the law school's writing requirement must notify one of the instructors by the fourth week of class.
Law and Empire (Ablavsky) (S)    Fall 2013
3 sem. hrs.
This course will examine the interrelationship between legal norms and empire in global history. It will be divided into two sections. The first part will explore the role of law in the expansion of European empires around the world from the sixteenth through the twentieth centuries. Topics will include the development of the law of nations; the law of slavery and the slave trade; justifications for the dispossession of indigenous peoples; and legal pluralism. The second part will consider law and empire in the history of the United States. Topics in this part will include the Constitution as an imperial document; law and American expansion in western North America, Puerto Rico, and Hawaii; the Insular Cases; and current debates over extraterritoriality and the War on Terror. Readings will consist of scholarly articles, historical cases, and primary sources, and will be provided online. Assessment will be based on class participation and a final research paper.
Law and Morality of War (Finkelstein) (S)    Fall 2013
3 sem. hrs.
This seminar offers an in-depth examination of recent debates in just war theory, as well as a series of readings designed to test this theory in application to the dilemmas of modern warfare. We will consider different arguments for the permissibility of killing or inflicting injury in war, examining the limitations each theory would impose on conduct in war. We will seek to compare the justification for violence in war with the justification for violence in domestic law enforcement. We will then consider several important dilemmas of modern warfare as they arise in the war on terror, from the standpoint of the Law of Armed Conflict, International Humanitarian Law, and general moral principles. Some questions we will consider are: What are the limits of permissible methods of interrogation? What techniques constitute torture, and what is the morality of its use in dire circumstances? To what extent is the practice of targeted killing permissible? What is the extent of the duty to attempt to capture suspected terrorists before targeting them? Is it morally and legally permissible to engage in targeted killing by way of aerial drones? Is it permissible to engage non-military contractors for the sake of conducting such operations? We will also consider the complexities of emerging security threats, such as Cyberattacks and biological warfare. Students in the seminar will be expected to participate in the activities of the Center for Ethics and the Rule of Law, and will be invited to attend its two fall conferences, one on Professionalism and National Security (October 4), and the second on Secret Laws (November 22-23). Course Requirements: One seminar paper, 20 – 25 pages in length and several short written assignments (1-2 pages) throughout the semester commenting on key readings or on papers of guest speakers. Grade for the course will be based on the seminar paper (80%) and on class participation (20%, including short written assignments). Upper level undergraduates are accepted but others must obtain permission of instructor to register.
Lawyering in the Public Interest Seminar (Rulli/Carr) (S)    Fall 2013
3 sem. hrs.
This seminar explores major lawyering themes that confront public interest lawyers in diverse practice areas and settings. It is designed to integrate theory and academic analysis with practice themes emerging from students' public interest work experiences during law school. Students will closely examine the unique challenges posed by community lawyering; the efficacy of competing service delivery models; the impact of scarcity of resources and high volume practice upon the practitioner; the empowerment of the disadvantaged and powerless through law and education; litigation and non-litigation strategies; legal and non-legal restrictions on the work of public interest lawyers; professional responsibility issues; the role of the private practitioner in the delivery of legal services to the poor; and current themes and timely issues relating to access to justice and public interest practice. Requirements include mandatory attendance, class participation, oral presentations, and completion of a seminar paper. Students will write seminar papers on topics selected with the approval of the instructors. Paper topics may, but need not, relate directly to the particular issues discussed in class. The paper is expected to be of publishable quality and may, with additional development and instructor permission, be used to satisfy the senior writing requirement. The final several weeks of the seminar will include oral presentations by students on their papers. There will be no final examination. Enrollment is limited. If the seminar is oversubscribed, preference will be given to Public Interest Scholars and Sparer Fellows who register timely for the course.
Legal Scholarship and Academic Writing (Balganesh) (S)    Fall 2013
3 sem. hrs.
This course is designed to expose students to the nuances of producing and engaging with legal scholarship through workshop presentations by prominent legal scholars. The seminar will have 6-7 outside speakers visit the class over the course of the semester to present drafts of their most recent work to the class in workshop format. Students are expected to actively participate at the workshop by asking questions related to the paper and the topic. The papers presented will represent a range of methodologies, perspectives, and substantive areas. The class sessions prior to each presentation will discuss the outside speaker's paper in detail, and students are expected to write short (2-3 page) response papers critiquing the author's paper. The course is also designed to provide students with a general overview of academic careers in the law, and the process of obtaining an entry-level teaching position. The final grade for the class will be based on the response papers and class participation.
M&A Litigation Seminar (Flocos) (S)    Fall 2013
3 sem. hrs.
This seminar will focus on mergers and acquisitions litigation issues and will emphasize the law and practice of Delaware, where much of today’s “deal litigation” occurs, although the law and practice of other jurisdictions will be considered. The course will explore more advanced M&A litigation topics, including certain subjects that are either not covered, or not covered in depth, in the basic M&A course (LAW 773). The topics and readings to be addressed, together with the number of associated class sessions, will be set forth in a detailed Syllabus for the Fall 2013 seminar, which will be posted on Course Portal. The topics and readings will be very similar to those listed on the Fall 2012 Syllabus, which should still be on Course Portal. I will lecture on much of the material. However, my intention is to help students better understand the material and build litigation skills by focusing much of the seminar discussion around several hypothetical M&A litigation fact patterns, including corresponding transaction documents (merger agreement, asset sale agreement, confidentiality agreement, SEC filings, D&O insurance policy, etc.). For each hypothetical, seminar members will be broken into groups, with each group considering the litigation issues from the standpoint of, and “role playing,” one of the main protagonists in the fact pattern (e.g., the class action or derivative plaintiffs, the seller/target, the buyer/acquirer, the activist shareholder in a proxy contest, etc.). The discussion of the hypotheticals will include “walking through” the key portions of the transaction documents. The Fall 2013 Syllabus will differ somewhat from the Fall 2012 Syllabus because it will reflect an increased focus on hypotheticals. All hypotheticals and reading materials will be posted on Course Portal. There will be no exam. Instead, the seminar grade will be based solely on a semester paper of 20-25 pages (double spaced, inclusive of footnotes). I reserve the right to make class participation a “plus” factor in grading (although you will not be penalized for lack of class participation). The paper topic will be of the student’s own choosing, although students should discuss with me paper topics of potential interest before finalizing the topic selection, so that I can help focus thoughts and make sure the topic is manageable. I will circulate a list of suggested topics early in the semester, and students should also draw inspiration from the topics and readings on the Syllabus. Papers may be used to satisfy the senior writing requirement. Completion of the basic Corporations course is a prerequisite, unless you have spoken with me in advance. Completion of the LAW 773 M&A course is useful but not required. Although reference is made to the Syllabus for a detailed list of subjects and readings, in summary, topics to be addressed include: (1) procedural and evidentiary issues in M&A litigation, such as expedited discovery in injunction cases, forum battles, conflicts of interest and attorney-client privilege and work product issues; (2) a close look at the terms and mechanics of typical M&A transaction documents from a litigation perspective, including how contract and fraud claims between the deal parties (and third-party claims such as tortious interference) work under such documents; (3) the remedies available for breach of an M&A agreement and for related tort claims, including measurement of damages issues and the availability of specific performance; (4) advanced "Revlon" and disclosure litigation issues in M&A transactions, including financial adviser conflict problems; and (5) advanced litigation issues arising from "activist" shareholders and "hostile" attempts to acquire a company by tender offer or merger, including a closer look at how power is allocated within a corporation between the board and shareholders and the use of bylaws provisions and proxy contests as takeover tactics.
Marriage: History and Law (Mayeri) (S)    Fall 2013
3 sem. hrs.
Historically, little about marriage has remained constant. Legal, cultural, political, economic, and demographic changes have transformed marriage as both a public and a private institution. But marriage remains central in structuring Americans’ private legal relationships and public benefits, intimacy and citizenship. This seminar examines continuity and change in the legal institution of marriage during the second half of the twentieth century. We will study attempts to abolish or reform marriage, to expand access to marriage, to defend various conceptions of marriage, to develop alternatives to marriage, and to make marital status less relevant. Course requirements include response papers, oral presentations, and a substantial research paper.
Patent Law - Appellate Advocacy (Wagner) (S)    Fall 2013
2 sem. hrs.
This is an intensive course in appellate advocacy in the patent law - that is, focused on Federal Circuit practice, procedures, and jurisprudence. Students will be divided into teams of two and work on a complete simulated appeal, including issue identification, litigation strategy, brief drafting, and oral argument. The course will include participation in the AIPLA Giles S Rich National Patent Law Moot Court Competition. Students should sign up for both fall and spring seminars, and ideally would identify a teammate (though this is not required). Students interested in taking this course should contact Professor Wagner prior to signing up.
Patent Litigation Seminar (Jordan/Pearson) (S)    Fall 2013
3 sem. hrs.
This course examines the basics of litigating patent disputes in a United States District Court and the Court of Appeals for the Federal Circuit, including pre-suit investigation, drafting of pleadings, fact and expert discovery, "Markman" claims construction proceedings, dispositive motions, in limine motions, trial, post-trial motions and appeal. Policy implications will also be considered, e.g., the cost of litigation as a tax on innovation (and its effect of understanding this as a tax on the desirability of deciding these cases summarily, in a bench trial, and without extensive discovery); Markman hearings and the allocation of authority between judge and jury; the advisability of jury trials in patent cases; appeals and specialized adjudication; and the allocation of authority between trial and appellate court.
Political Philosophy of the Constitution (Ewald) (S)    Fall 2013
3 sem. hrs.
This seminar will examine the political philosophy of the framers of the Constitution. We shall read some of the works of the Whig political tradition in England (and in particular the essays of Hume) then study selected constitutional writings of the principal Framers, in particular Madison’s Notes of the Constitutional Convention, The Federalist, and the writings of James Wilson. The aim will be both to understand the philosophical arguments relied upon by the Framers, and to examine their sources within the wider intellectual history of the eighteenth century.
Post-Conflict and Transitional Justice (Sirleaf) (S)    Fall 2013
3 sem. hrs.
This seminar will introduce students to the field of post-conflict or transitional justice. Transitional justice as a field refers to a wide range of approaches that societies undertake to reckon with legacies of widespread or systematic human rights abuse as they move from a period of violent conflict or oppression towards peace, democracy, the rule of law, and respect for individual and collective rights. In theory and practice, the aim of transitional justice mechanisms is to confront legacies of abuse and repression in a broad and holistic manner that encompasses retributive justice, restorative justice, social justice, and economic justice. As a field, transitional justice focuses on several approaches to confronting the past, including: prosecutions, truth-seeking mechanisms, reparations, reform of abusive institutions and lustration. The seminar will also explore several crosscutting issues, including the role of amnesty during transition, initiatives aimed at engendering reconciliation as well as other approaches to addressing human rights violations such as distributive justice strategies. Class attendance and participation will be included in student's grades.
Regulatory Law and Policy (Coglianese) (S)    Fall 2013
2 sem. hrs.
This seminar provides a unique educational opportunity for anyone interested in contemporary developments in regulatory law and policy across a variety of issue areas. Throughout the term, seminar participants follow regulatory developments in real time as well as encounter some of the most up-to-date research on regulatory issues. The primary work of the seminar centers around the production of RegBlog, a daily on-line source of writing about regulatory news, analysis, and opinion. The format of weekly seminars varies, ranging from early lectures on the regulatory process to in-depth discussions of contemporary regulatory issues, and from critique of peer writing samples to analysis of current research articles. Seminar participants complete short weekly writing assignments which may be selected for posting on RegBlog through a peer editing process overseen by Professor Coglianese. Participants have the opportunity to focus their work on the regulatory law and policy issues that interest them the most. This seminar meets weekly throughout the year, and students may enroll for the Fall Term, Spring Term, or both terms. The seminar is open to students from outside the law school by permission. Starting in 2013-2014, prior enrollment in one or more terms of the Regulatory Law and Policy seminar will be considered a prerequisite for enrollment in the Advanced Regulatory Law and Policy seminar.
Strategic Transactions in the Fashion & Retail Industry (Herzeca) (S)    Fall 2013
3 sem. hrs.
Recent technological advances, the growth of e-commerce and social media, and global demographic shifts have created a “retail revolution.” This seminar explores recent business and legal developments in the fashion and retail industry as a framework for developing the skills of a transactional lawyer. A substantial portion of this course will focus on developing practical drafting, communication and negotiation skills, as preparation for employment as a transactional lawyer in a law firm or corporation. Students will have four written assignments to complete involving drafting and commenting on documents for strategic transactions in the fashion and retail industry (including license agreements, employment agreements, and public and private acquisition agreements). The instructor for this course is Lois Herzeca, a partner in Gibson, Dunn & Crutcher LLP’s New York office who specializes in mergers and acquisitions and is Co-Chair of Gibson Dunn’s Fashion, Retail and Consumer Products Practice Group.
Thinking Like a Litigator (McConnell/Magaziner) (S)    Fall 2013
3 sem. hrs.
This skills seminar is designed to give students practical experience in pre-trial thinking, writing and speaking. Students will have the opportunity actually to do what real litigators do day-to-day, including, e.g., mapping out strategies, drafting pleadings, arguing motions and taking (very short) depositions. The course is built around a group of hypothetical cases; no text is used, and no reading is required other than the case materials. Actors are used to bring the cases to life. No legal research will be required, although the students will have to take into account the relevant substantive (mostly contract and tort) law. A course in Evidence will be helpful but it is not a prerequisite. Students are expected to attend and actively participate in all class sessions. We will reschedule the session on the Wednesday before Thanksgiving. There will be no final or mid-term examination. Students will be required to write a number of short pieces, on which feedback will be given, and one long memo at the end of the semester. Grades will be based 50% on class participation and 50% on the written work.
Transactional Drafting (Hughes) (S)    Fall 2013
3 sem. hrs.
The emphasis of the class will to be to provide students the skills necessary to allow them as a junior associate to more quickly produce higher quality first drafts as compared against his or her peers. One of the primary goals of the class will be to provide students with an appreciation of the relevant information that the client or the senior associate / junior partner is unlikely to provide when you receive your first transactional drafting assignments as a junior associate (e.g., the seemingly unrelated contracts you may not know to ask about that may impact the ability of the client to proceed in the direction they desire). The class will provide students information regarding both basic business structures and the fundamental differences between different types of transactional contracts, including asset/stock purchase agreements, shareholders’ agreements, and customer / vendor contracts. The class will also focus on certain provisions common to all contracts and the varying significance of these provisions depending upon the type of transaction and the client. The class will be discussion (not lecture) based, with reading and drafting assignments that are likely to mirror your transactional drafting assignments as an associate. Students should have a basic understanding of US contract law and corporate law.
Visual Legal Advocacy (Austin) (S)    Fall 2013
2 sem. hrs.
Visual Legal Advocacy will introduce students to the art of making short nonfiction advocacy films on behalf of actual individual clients and/or groups devoted to the advancement of the cause of social justice. Instruction will track the steps in the production of a nonfiction or documentary film, starting with pre-production planning (including writing treatments and shooting scripts, budgeting, and scheduling), going on to the rudiments of production (including introductions to camera, lighting, and sound equipment), and concluding with post-production (including making paper edits and an introduction to editing). Participants will be divided into several working groups that will be responsible for the production of a short piece of visual legal advocacy, most likely a video clemency petition made on behalf of a formerly incarcerated person whose employment opportunities are limited by her/his criminal record or a victim impact statement made on behalf of a person harmed or injured by Philadelphia's gun violence.
Upper-Level
Accounting (Brotman)     Fall 2013
2 sem. hrs.
This course is designed to provide the student with an understanding of the basic fundamentals of accounting, emphasizing the nature and purpose of financial statements. The course will focus on legal problems that lawyers and their clients should consider in using and relying on financial statements and not on the technical aspects of preparing financial records and financial statements. No prior background in bookkeeping or accounting is necessary. The course's format will be approximately 60% lectures, 40% Socratic. The takeaway exam will be a combination of all or some of short-answer, essay and multiple-choice questions.
Administrative Law (Zaring)     Fall 2013
3 sem. hrs.
We live in an administrative state, populated by thousands of governmental bodies that collectively exercise pervasive authority over the entire economy and the lives of every American. Unlike courts, which enjoy explicit constitutional independence, administrative agencies constitute a constitutionally ambiguous "fourth branch of government." Also unlike courts, most agencies have authority to wield a wide variety of regulatory powers other than adjudication, including rulemaking, licensing, advice-giving, and prosecution. "Administrative law" is the body of constitutional, statutory, Executive, and "common law" principles that constrain and thereby seek to legitimate the exercise of these powers. This course will be a critical examination of these principles. Topics include: the place of agencies in our tripartite structure of government, the choice between rulemaking and adjudication as devices for making policy, procedural requirements for the exercise of various administrative powers, and judicial review of administrative decisions.
Anatomy of a Divorce (Cohen R)     Fall 2013
2 sem. hrs.
More than 50% of the marriages in this country end in divorce; the percentage is even higher in many countries outside of the United States. Besides its emotional and financial impact on the divorcing parties, the transfers of wealth attendant to marital dissolutions have substantial economic consequences on society at large with the property subject to distribution in divorce expanding to include career achievements or career potential, celebrity status, enhanced earning capacity, license and degrees. This course provides exposure to the dynamic process of representing the spectrum of clients, including same-sex couples, in a dissolution of marriage case and the unique issues, such as dealing with the media, gag orders, and seeking to close courtrooms to shield children when representing high-profile and high net worth individuals. Topics are covered from the perspective of a practicing lawyer and include: initial client interviews and retention, jurisdiction and choice of law issues, child custody and visitation, the interplay between the Court and matrimonial attorneys, mental health issues, temporary and permanent maintenance for spouses and support for children, awards of attorney and expert fees, the nature of property subject to division and distribution, the valuation process, unique issues raised by certain types of property, effects of bankruptcy, pre- and post-marital agreements, negotiating and drafting marital settlement agreements, pre-trial discovery preparation for and conduct of trial, and Federal tax aspects of marital dissolution. Guest lecturers may include a sitting matrimonial judge, a forensic accountant and a former client.
Appellate Advocacy (Becker)     Fall 2013
3 sem. hrs.
This case will explore the nuts and bolts of appellate practice with a strong emphasis on oral advocacy. The class will have several parts to it. First, we will review the bodies of law and procedure that frame appellate practice -- e.g., issue preservation, appellate jurisdiction, standards of review, and the essential Rules of Appellate Procedure. I'll give several lectures to cover this material. Second, we will work on written advocacy. Each student will write an appellate brief on a case of my selection where you submit an initial draft and then (after I have an opportunity to comment) a final draft as well. We will talk about the attributes of good written advocacy in class. Third, we will spend a large chunk of time working on oral advocacy in the appellate setting. The class will conclude with graded oral arguments about the case on which the briefs have been written. We will moot those arguments beforehand. We also will moot two additional cases during the middle of the semester. These likely will be cases being argued this fall in the U.S. Supreme Court. I will not ask you to present written briefs those cases. We will obtain and review the briefs actually filed in the Supreme Court, divide up the class, and just argue the cases with fellow class-mates as adversaries, judges and critics. I should note that this approach entails a good bit of work overall, because I'm asking you to be prepared to argue multiple cases during the semester, including two cases you did not actually brief. With these opportunities to get on your feet, I hope you will gain comfort and experience (and have a good time) arguing orally in an appellate setting. Attendance, preparation, and participation are obviously important. Class is limited to 12 students, with preference given to 2Ls.
Appellate Advocacy (Hickok)     Fall 2013
3 sem. hrs.
My primary goal is to help you improve your skills in legal writing, which will serve you in any practice context; but for purposes of this course, we will focus on how to write a persuasive appellate brief, using readings, focused writing exercises (in and out of class), and drafting two appellate briefs. All writing will be subject to detailed in-class (constructive) review (by me and your fellow classmates), so attendance and participation is very important -- and you will need to remember to leave your ego at the door. There will be an ungraded videotaped oral argument of the issue in the first brief, which we will critique, and there will be a graded oral argument of the issue in the second brief at the end of the semester. The briefs tend to involve criminal law or procedure issues. There will be no required independent legal research, because I want you to focus on writing, not researching an issue you may never see again. Class format will include some lecture, though I intend to minimize it as much as possible because, like learning how to drive, you can't learn much about how to write well by listening to someone talk about it. NOTE: You should expect substantial reading and writing assignments due at the first class, and a generally heavy workload the first several weeks, so we can get through basic material early, which will free up time later for actual brief writing and review. Because of that, late entrants may find it difficult to catch up, so I am not encouraging drop/add. Class is limited to 12 students.
Appellate Advocacy (Levick)     Fall 2013
3 sem. hrs.
Each student will be assigned two writing assignments and will have the opportunity to present two oral arguments. The assignments generally involve constitutional or civil rights issues, and often arise out of juvenile or criminal justice cases, but have also involved civil matters. The assignments are usually derived from actual cases either currently on appeal or recently concluded. The cases may involve proceedings in either the state or federal judicial system, including the United States Supreme Court. Students will also be assigned readings in oral and written advocacy and related topics, including materials on improving writing skills generally. Students will be provided with excerpts from recommended books on advanced writing. Class discussions include skills discussion, peer editing, brainstorming theories on appeal, individual editing /review sessions with Prof. Levick for each assignment, etc. When feasible, state or federal judges will be invited as guest lecturers. No more than 12 students are admitted to each section; preference is given to second-year students.
Appellate Advocacy (Ripple)     Fall 2013
3 sem. hrs.
Each student will be assigned two problems requiring a written assignment and an oral argument. One of the written assignments will be a full brief under the Federal Rules of Appellate Procedure. Students will also be assigned readings in advocacy and related topics. No more than 12 students are admitted to each section; preference is given to second-year students. Each section will meet in 13 sessions between September 13 and December 6.
Appellate Advocacy (Sanghvi)     Fall 2013
3 sem. hrs.
This Appellate Advocacy course will focus on developing strong writing and oral advocacy skills. While the course will focus on developing these skills in the context of appellate litigation, these skills are transferable to - and essential to - any litigation practice. Students will complete two writing assignments, one of which will be a full appellate brief. Students will also present one appellate oral argument and will be required to engage in other, smaller oral advocacy projects during the course of the semester. In addition to core research and writing skills, we will cover basic appellate practice topics, such as appellate jurisdiction, and students will familiarize themselves with the Federal Rules of Appellate Procedure. You will hear from at least two guest speakers on appellate practice and decisionmaking during the course of the semester. We will also cover parts of appellate practice that often get less attention than traditional briefing and argument, including appellate motions practice and mediation. And, the course will discuss the role of appellate lawyers in our litigation system and emerging trends in appellate advocacy. The goal is to give students strong skills and also a sense of what it is like to be an appellate practitioner in the real world.
Appellate Advocacy (Zauzmer)     Fall 2013
3 sem. hrs.
The purpose of the seminar is to address the nuts and bolts of appellate practice, and teach appellate advocacy skills in writing and oral presentation through class discussion, assignments, and detailed feedback. While the course will focus on appellate practice, it will teach writing and oral advocacy skills which are essential in litigation before any court and in almost any form of legal practice. The course will cover best practices and strategies in oral and written advocacy, and pertinent ethical responsibilities of counsel. The course will center around two major assignments, one civil and one criminal: (1) Litigation of a motion seeking interlocutory appellate review of an order compelling arbitration; and (2) litigation of an appeal by the United States of an order suppressing evidence in a criminal case. Students will prepare a pleading in the first matter, and a comprehensive appellate brief in the second. Students will present oral argument regarding each matter. In addition, in place of two regular class sessions, the class will attend appellate arguments in the United States Court of Appeals for the Third Circuit, and in the Pennsylvania Superior Court. Students will prepare a bench memo regarding one of the cases argued at one of those sessions. The pertinent background materials for all assignments will be provided, and additional legal research is permitted but not required. Rather, the focus of the assignments will be on crafting persuasive written arguments, and then advocating those positions in oral arguments. Class attendance is expected, and participation in class discussions will be encouraged. Class is limited to 12 students, with preference given to 2Ls.
Bok Course: Fed Human Rights Protections in Europe (Masing/Ewald)     Fall 2013
1 sem. hrs.
This course will introduce students to the multilevel structure and practice of European courts charged with protecting fundamental rights: The European Court of Human Rights in Strasbourg, the European Court of Justice in Luxembourg, and the national constitutional courts in the respective member states. The course will be based on discussing the different institutional settings of the Courts and their case-law regarding diverse issues of fundamental rights protection, such as freedom of religion, freedom of the press, the right to respect for private and family life, and constitutional property rights. The class will explore common themes and methodology in the courts’ practice and discuss the inherent challenges introduced by the complexity of the European framework for adjudicating fundamental rights. Because this class meets for only three weeks (9/16 – 10/4) students must add/drop the class by the second meeting.
Bok Course: International Commercial Arbitration (Born)     Fall 2013
1 sem. hrs.
This course provides an overview of international commercial arbitration, with comparative consideration of investor-state and inter-state arbitration. We will examine the general subject of international arbitration agreements (including issues of validity and formation, choice-of-law and competence-competence), international arbitral proceedings (including issues of procedural autonomy, judicial non-intervention and common procedural formats) and international arbitral awards (including issues of annulment, non-recognition and preclusion). Practical exercises will be used where time permits (including drafting arbitration clauses, selection of arbitrators and negotiation of procedural timetables). Because this class meets for only two weeks (10/2 – 10/11) students must add/drop the class by the second meeting.
Bok Course: Legal Aspects of Israeli-Palestinian Conflict (Zilbershats)     Fall 2013
1 sem. hrs.
The Israeli - Palestinian conflict comprises many complex legal aspects, ranging from legal documents that enshrine the rights of both peoples in the territory between the Jordan River and the Mediterranean Sea, to the asymmetric war between terrorist powers and the military forces of the State of Israel (IDF). This course will present the existing dilemmas pertaining to this subject, including the legal status of the occupied territories in the West Bank and Gaza, as well as the Golan Heights and Jerusalem. Because this class meets for only three weeks (9/16 – 10/4) students must add/drop the class by the second meeting.
Business Bankruptcy: Chapter 11 (Temin)     Fall 2013
3 sem. hrs.
This course will focus on Chapter 11 of the Bankruptcy Code. It will examine applicable statutory and case law with particular emphasis on considerations confronting debtors and creditors in a business reorganization so that students will appreciate the negotiation, litigation, and the transactional components of a Chapter 11 case.
Comparative Constitutional Law (Ewald)     Fall 2013
3 sem. hrs.
The field of comparative constitutional law has exploded in the past decade, with many countries experiencing dramatic changes in constitutional governance, and with a sudden growth in the transnational sharing of constitutional ideas. This course will provide an introduction to those developments, and will examine some of the leading constitutional systems of the modern world. The course will be divided into three parts. We shall begin with an historical overview, examining the emergence of modern constitutionalism in the American and French revolutions. Part Two will consider the structural features of the constitutions of several influential states: France, Germany, the UK, with side-glances to South Africa, Japan, Israel, Canada, and India. We shall compare the structure and organization of the state; the nature of courts and of judicial review; the question of federalism; the scope of the legislative power; the “rigidity” of the constitution, and the problem of amendment; and the relationship of the constitution to international law. Part Three will be devoted to questions of individual rights: the protection of racial and religious minorities (e.g. the “head-scarf debate” in France); the prohibition or toleration of hate speech; the question (e.g. in India or South Africa) of “group rights”; the constitutional obligation of the state to provide its citizens with so-called “positive” rights (e.g. to welfare, to employment, to education). In the course of examining these topics, we shall also look at the debate on “global constitutionalism” that has emerged in the past decade, and consider its implications for American constitutional law.
Conflict of Laws (Roosevelt)     Fall 2013
3 sem. hrs.
A study of the resolution of cases connected to more than one jurisdiction: when different jurisdictions (states or nations) have adopted different substantive rules of law, which should govern? Major topics will include the more significant historical approaches (vested rights and interest analysis); the Second Restatement; the role of the U.S. Constitution in interstate conflicts; international conflicts; and domestic relations.
Constitutional Criminal Procedure (Rudovsky)     Fall 2013
3 sem. hrs.
This course covers the constitutional law of police investigations under the Fourth Amendment, Fifth Amendment, Sixth Amendment, and Due Process clause. Topics include stops; arrests; searches; interrogations; the scope of the exclusionary rule; Miranda warnings; surveillance law; entrapment; the grand jury as an investigative tool; line-ups; and the role of defense counsel in police investigations. Students who have taken Prof. Bibas' Criminal Procedure: Investigation course may not take this course.
Constitutional Litigation (Kreimer)     Fall 2013
4 sem. hrs.
The United States Constitution purports to restrain the actions of state and federal governments. When these restraints are transgressed, the injured parties and their representatives often look to the federal courts for remedies. This course considers the legal doctrines that shape the courts' readiness to provide those remedies and the ways in which doctrines are likely to manifest themselves in the course of litigation. Topics include: the availability of damage actions, sovereign and official immunities, jurisdictional problems, abstention, Younger v. Harris and its emanations, standing and issues of institutional litigation. The format is Socratic. Exam will be a takeaway open-book essay.
Copyright (Parchomovsky)     Fall 2013
3 sem. hrs.
This course will focus on the protection of literary, musical and artistic works through copyright and related doctrines. Topics will include the concept and purposes of copyright (including a brief discussion of patents and trademarks), copyrightable subject matter, ownership of copyright, formalities, and rights, limitations, and remedies provided by copyright. There will be an in-class examination. Class participation will be taken into account in grading.
Corporations (Bratton)     Fall 2013
4 sem. hrs.
This course will focus on the structure and characteristics of the modern business corporation, with particular attention given to problems relating to the large, publicly held company. Some emphasis will be given to federal securities laws and the impact of federal securities regulation on corporate governance. This course will be taught primarily in the Socratic fashion.
Corporations (Fisch)     Fall 2013
4 sem. hrs.
This course will focus on the structure and characteristics of the modern business corporation, with particular attention given to problems relating to the large, publicly-held company. Topics include organizational structure, fiduciary duties, shareholder voting and executive compensation. Some emphasis will be given to federal securities laws and the impact of federal securities regulation on corporate governance. The course will also cover introductory principles of accounting, corporate finance and valuation. This course will be taught primarily in the Socratic fashion. Regular attendance and class participation are required. Some classes will be cancelled.
Corporations (Wachter)     Fall 2013
4 sem. hrs.
This course will focus on the structure and characteristics of the modern business corporation, with particular attention given to problems relating to the large, publicly held company. Some emphasis will be given to federal securities laws and the impact of federal securities regulation on corporate governance. This course will be taught primarily in the Socratic fashion.
Employee Benefits (Lichtenstein/Spencer)     Fall 2013
2 sem. hrs.
This course covers the labor-law and tax aspects of laws governing employee benefit plans. The course will include an analysis of the Internal Revenue Code ("IRC"), Employee Retirement Income Security Act (ERISA), the Age Discrimination in Employment Act ("ADEA"), Title VII of the Civil Rights Act ("Title VII"), the Americans with Disabilities Act ("ADA") and the Labor Management Relations Act ("LMRA") as they relate to employee benefit plans. The IRC requirements relating to retirement type plans (i.e., pension, profit sharing and stock bonus plans) will be covered generally. In addition, benefits frequently included as part of an employer's benefits package will be discussed.
Environmental Lawyering (Fox/McCabe)     Fall 2013
2 sem. hrs.
Environmental law has moved to the forefront both nationally and internationally. This course offers a unique opportunity to learn substantive environmental law and practical lawyering that cuts across most areas of legal practices (real estate, corporate, administrative and litigation). Using “real world” case studies and simulations throughout the semester, students will be asked to role-play as environmental attorneys in, among other things, (1) acquiring, financing and selling an ongoing business with potential environmental concerns; (2) negotiating with the federal EPA regarding a client’s non-compliance with environmental laws; (3) litigating a toxic tort matter; (4) pursuing and defending a citizens’ environmental suit; and (5) wrestling with ethical issues relating to the above presentations. Guests include an EPA official, an environmental consultant and a state or federal judge. The course is for students interested in learning environmental law and/or in just learning lawyering skills.
Evidence (Fletman)     Fall 2013
3 sem. hrs.
A study of the rules and common law governing the admissibility or exclusion of evidence at trial, focusing on the Federal Rules of Evidence. Topics include relevancy, the rule against hearsay and its exceptions, authentication, impeachment and expert testimony. Topics are considered from a practical as well as a theoretical point of view. Classes will include discussion based on film clips and problems from the textbook. Each student will be assigned in advance a specific class in which he or she will be called on to discuss the textbook problems and/or problems presented by film clips. Class participation will be considered in grading. Grades will be based primarily on a final exam, which will include multiple choice and/or true/false questions and at least one essay question. We will use G. Fisher, Evidence (3d Ed.) and its Evidence Supplement as our textbooks. The exam will be partial open book in that students may bring a copy of the Supplement (which includes the Federal Rules of Evidence) with them. D. Merritt and R. Simmons, Learning Evidence (2d Ed.) is optional.
Evidence (Gordon)     Fall 2013
3 sem. hrs.
This course will examine the rules of evidence focusing primarily on the Federal Rules of Evidence. We will examine how the rules are applied to admit or exclude evidence in criminal and civil cases (with a significant bias toward the criminal side). We will consider how the rules function in actual courtroom situations, and how various forms of evidence are introduced at trial. By way of introduction to the application of the rules in a courtroom, we will discuss the manner in which trials are conducted, their structure and the roles of the trial participants. Topics under the rules will include the following: relevance, opinions and expert testimony, hearsay and its exceptions, examining witnesses and presenting evidence, impeachment and more. Grades will be based in part on classroom participation. Grades will also be based on a final exam which will be closed book, but will allow an open, clean copy of the Federal Rules of Evidence. Regular attendance is required. We will use Merritt and Simmons, Learning Evidence (2d Ed.) as our textbook.
Family Law (Mayeri)     Fall 2013
3 sem. hrs.
This survey course provides an introduction to the legal regulation of the family. Topics include restrictions on marriage; rights and obligations imposed on married couples; legal problems facing same-sex couples and non-marital families; premarital and separation agreements; the legal construction of parenthood; the legal ramifications of alternative reproductive technologies; and the various incidents of divorce, including property distribution, spousal support, custody, and child support.
Federal Courts (Goodman)     Fall 2013
4 sem. hrs.
This course examines the functions, powers and responsibilities of the federal courts, and considers their relationships with state governments and with the executive and legislative branches of the federal government. Topics covered will include justiciability; congressional authority over, and statutory and judge-made limits on, federal jurisdiction; Supreme Court review of state court judgments; federal common law; advanced topics in federal question jurisdiction; suits challenging state and federal government action, and immunities asserted in such suits; and federal habeas corpus. There will be an in-class, open-book essay exam.
Federal Income Taxation (Shuldiner)     Fall 2013
4 sem. hrs.
This course presents an introduction to the basic principles of the federal income tax. The course is designed both to educate the generalist in the fundamentals of taxation and to provide a foundation for those students who wish to take advanced tax courses. This course is a prerequisite for Corporate Taxation and other advanced tax courses.
Immigration Law (Chang)     Fall 2013
3 sem. hrs.
This course explores immigration policy and provides a comprehensive overview of the legal framework that regulates the admission and deportation of aliens in the United States. The course begins with a brief review of the history of immigration in the United States, a discussion of the morality of immigration restrictions, an analysis of the economic effects of immigration, and an examination of the constitutional basis for the federal government's power over immigration matters. The course then covers the existing categories of visas, the statutory provisions that can trigger exclusion or deportation, the issue of unauthorized immigration, and the constitutional law regarding restrictions on immigrant access to public benefits. The course explores the constitutional rights of aliens and the corresponding limits to the federal immigration power, including those arising from the First Amendment and from the Due Process Clause.
International Business Transactions (Mooney)     Fall 2013
3 sem. hrs.
This course provides an overview of the legal issues—domestic, foreign, and international—that arise when U.S. companies do business abroad. Transactions discussed include export sales, agency and distributorship agreements, licensing, mergers and acquisitions, joint ventures, privatization, project finance, and foreign government debt. The course also covers U.S., foreign, and international regulation in such areas as antitrust, securities, intellectual property, tax, and foreign corrupt practices. The course does not cover U.S. rules on import restrictions or W.T.O. matters.
International Environmental Law (Chang)     Fall 2013
3 sem. hrs.
The course will focus on the development of international law, institutions, and regimes that respond to international environmental problems. Topics will include transboundary air pollution, ozone depletion, climate change, whaling, and fisheries conservation. The course will begin with introductions to economic and ethical issues in environmental law, to the sources of public international law, and to the problem of making that law effective. The course will also examine how international trade law and institutions, including the World Trade Organization, affect efforts to protect the environment.
Intro to US Law and Legal Methods (Soven)     Fall 2013
3 sem. hrs.
Introduction to US Law and Legal Methods — LAW 511001— Now more than ever a basic understanding of U.S. legal principals is indispensable across a wide array of professional and academic landscapes. This survey course introduces non-law students to all aspects of U.S. law through a combination of case law and the Socratic method, both techniques unique to legal education. This methodology stimulates critical thinking and can be valuable whether you decide to enter law school or not. The course explores the structure of government and the constitutional foundations of the U.S. legal system and covers a wide range of topics in the areas of civil, criminal, and administrative law. The course will incorporate recent cases of note into the curriculum and provide an overview of legal issues which impact professionals in a variety of fields, including but not limited to law. This course is open to Penn graduate students as well as undergraduate juniors and seniors.
Jewish Law: The Rabbinic Idea of Law (Saiman)     Fall 2013
2 sem. hrs.
In Judaism, law is ever present. At the practical level, it instructs a Jew how to rise in the morning, behave throughout the day, and retire at night. But the Jewish conception of law is far broader than “rules to guide behavior,” “things that happen in court,” “rules imposed by the state,” or even “rules mandated by God.” Though Jewish law embraces each of these categories, it simultaneously serves as one of the primary vehicles through which rabbinic thinkers have expressed their ideas about life’s greatest questions, including the nature of God, love, justice, morality, and community. This course will explore how in the rabbinic tradition, issues articulated by other cultures in terms of law, philosophy, ethics, politics, and theology are addressed through discussion of the detailed categories of the legal regime. To further our understanding of the unique role that legal texts, legal ideas, and fidelity to the law play within rabbinic Judaism, this course will engage in case studies that will focus on (i) the structure of rabbinic legal discourse; (ii) its centrality in organizing Jewish life and thought; (iii) the consequences, for good and ill, of framing important social questions in legal terms; and (iv) the dialectical relationship between, on the one hand, the practicable and regulatory aspects of halakhah and, on the other hand, its reflective and expressive dimensions. The course will meet on the following Monday afternoons from 4.30-6.30: 9/9, 9/16, 9/30, 10/14, 10/28, 11/11, and 11/25. Grading will be based on written homework assignments (40%), class participation (40 %) and a 10 page reflection paper at the conclusion of the course (20%). Additionally, attendance at the Gruss Lecture on 10/15 is required. There will be no final in this course.
Mental Health Law (Morse)     Fall 2013
3 sem. hrs.
This course will cover the theoretical, doctrinal and practical issues in mental health law, with special reference to the criminal context. It will also be of interest to students interested in bioethics, health law, family law, and torts.
Negotiation and Dispute Resolution (Diamond)     Fall 2013
3 sem. hrs.
Effective negotiation is at the root of most successful professional and personal encounters today. Whether representing an individual client or putting together a billion dollar deal, there are measurable differences in results between those who negotiate well and those who do not. The same is true whether buying a car or having a discussion with a family member. This course provides law students with the practical tools to become better negotiators. Students will learn how to systematically prepare for negotiations, deal effectively with hard bargainers and power imbalances, find hidden agendas, use standards more effectively, build coalitions, find creative options to overcome impasses, win over opponents and generally gain better results from the myriad encounters of life. This includes negotiating with peers, superiors and subordinates, in two-party and multiparty situations, with those who are similar as well as those who are very different. The course will include work on the special challenges of attorneys, including agency and ethics issues, use of negotiation in a litigation environment, and the problems and opportunities of multi-cultural and international representations. Also to be addressed will be issues of personal style, negotiating in highly emotional situations and dealing with a wide variety of parties, from passive to belligerent, corporate to government, family to fiduciary. A theoretical foundation will be presented. But the emphasis in each case will be on practical, operational tools. The course will be participatory. Students will negotiate cases from the start and will also be encouraged to bring their own thorny negotiation problems to class, to be analyzed and solved. This includes issues that students may already have or contemplate from their law firm jobs. There will be opportunities outside of class for one-on-one meetings with the professor on individual negotiation issues. Please note: All students are required to attend the first class of the semester. If you do not show up to the first class, you will be dropped from the course and your seat will be given to someone on the waiting list. Professor Diamond highly encourages #’s 1-10 on the waitlist to attend the first class. Required reading - Getting More: How To Negotiate To Achieve Your Goals in The Real World by Stuart Diamond. Published by Random House.
Partnership Tax (Gallagher)     Fall 2013
3 sem. hrs.
This course explores the federal income tax aspects of conducting a business or investment activity as an enterprise that is taxed as a partnership for tax purposes, rather than as an association taxable as a corporation. The course considers when joint undertakings cross the line from mere co-ownership to taxation as a partnership (and why the rules developed as they did), the way in which the results of partnership operations are taxed (and why or why not the rules reach the correct result), and why business start-ups might choose to operate initially in partnership form. In some areas, I may ask if an alternate approach would have achieved a better result. No partnership course could be complete, however, without considering why partnerships tended to be the business form of choice for the dreaded "tax shelter" (whatever that is). Neither familiarity with accounting principles, balance sheets or income statements, nor exposure to sophisticated business transactions, should be considered a prerequisite. I ask only that you bring an open mind and a willingness to read some admittedly complicated Treasury Regulations. The text will be supplemented with Examples intended to reinforce the technical rules described in class. Federal Income Taxation I is a prerequisite, however. All students are required to bring a copy of the Internal Revenue Code and a copy of the Treasury Regulations (excerpts from the Regulations are included as a supplement to the course materials) to class every day.
Patent Law (Wagner)     Fall 2013
4 sem. hrs.
In our modern technologically-based economy, the creation and enforcement of patent rights can make or break a business. With record numbers of patents being issued every year, the stakes for inventors (and, indeed, their lawyers) continue to increase, even as the patent law and its administration faces growing criticism. This course seeks to equip students with a detailed overview of the law and policy of the United States patent system. We'll organize our inquiry into four components. The first considers the justifications for (e.g., economic, moral, political) and creation of patent rights as well as the relationship between patent law and other "intellectual property" concepts. The second will delve into the details of the statutory requirements for patentability, with a focus on both the "black letter" law and the underlying policies. Third, we'll consider the scope and enforcement of patent rights, again considering how the policies expressed in the legal doctrine relate to the justifications for patent rights we discussed in section one. And finally, we'll conclude with a look at the subject matter of patents -- considering specifically the cases of biotechnology, computer software, and internet business models -- drawing together the ideas introduced throughout the course. Class exercises and simulations will be used throughout to highlight important concepts. Last year's syllabus and additional information can be found at http://patents.pennlaw.net/.
Professional Responsibility (Lesnick)     Fall 2013
2 sem. hrs.
A major objective of this course is to assist students to bring to bear their own emergent concept of the sort of lawyer they each wish to be on the problems presented. We will examine the ways in which the Model Rules of Professional Conduct channel but do not displace the need for discretion and judgment in situations in which the lawyer faces conflicting obligations. We will use videos rather than cases to raise the questions dealt with. All course materials will be available on-line. The examination will be entirely multiple choice, closed book, and will focus on the effect of the Model Rules of Professional Conduct.
Professional Responsibility (Perry)     Fall 2013
3 sem. hrs.
If you plan to practice law, this course will allow you to consider the responsibilities you will have as a lawyer. We will examine the various roles that lawyers play: adviser, planner, advocate, negotiator, evaluator, officer of the court and public citizen. Attributes of the professional attorney-client relationship, such as confidentiality, loyalty without conflicting interests, and the allocation of decision-making authority between lawyer and client, will be analyzed. A lawyer’s relationship to non-clients and to courts will be examined, as well as a lawyer’s responsibility when faced with client wrongdoing. Sources of legal and ethical responsibilities, including professional standards, case law, legislation and administrative regulations, will be examined in realistic contexts in which difficult professional conduct dilemmas arise. Special emphasis will be placed on the Rules of Professional Conduct. Because the first step in resolving a professional responsibility issue is your initial recognition of the problem, teaching format will be participatory. Class format will include the use of video case studies, role plays, problem-solving and traditional legal analysis. Attendance and class participation is expected. There will be an open-book, in-class examination. Successful completion of this course will satisfy the Professional Responsibility graduation requirement.
Professional Responsibility (Tulante)     Fall 2013
2 sem. hrs.
This course tackles the ethical obligations imposed on criminal prosecutors by the United States Constitution and the Model Rules of Professional Responsibility. A criminal prosecutor must reconcile the ethical imperative to "seek justice" with personal incentives to "win" the case and professional obligations to protect the public. We will examine the areas of prosecutorial decision-making that are most likely to raise ethical issues, with a focus on federal prosecutors. These areas include prosecutorial discretion; discovery practice; the use of cooperating defendants or informants; plea negotiations; and trial conduct. You will also be presented with speakers who will offer a practical, real-life context in which prosecutors act. There will be an in-class examination at the conclusion of the course.
Religion, Law and Lawyering (Lesnick)     Fall 2013
3 sem. hrs.
1. Course description. This course examines moral issues in public and private life from a religious perspective, without tying the investigation to any particular tradition of revelation. It is premised on the observation that the ways in which many of us think about questions of moral and legal obligation, and about our own intended careers, are related to our outlooks on questions of religion or spirituality. Its aim is to read, think, and talk about contested moral questions with colleagues united only in their belief that the questions and their connection to religion are worth pondering, and in their (perhaps tentative) willingness to bring something of themselves into our discussions. This is NOT a course on the law of the First Amendment, although it may affect our understanding of some of the controversies that have arisen there. It is primarily focused on the interaction between religious beliefs and moral questions. We will consider questions like these: - Where do moral imperatives come from, and how do the answers found in religion and in law affect one another? - What are the differences (and similarities) between religious and secular sources of moral norms? - Can we integrate our religious commitments with choices we face in our work lives? - Can religion's importance to our thinking, and its grounding in (differing) claims of revelation, be honored in a manner that honors too our commitment to pluralism and freedom of conscience? - What are the implications of religiously-grounded values for our thinking about disputed issues of public policy? 2. Course structure. PLEASE READ THIS PARAGRAPH CAREFULLY. The course will meet in the fall semester for two one-hour-&-40-minute sessions weekly, carrying 3 credits. Students enrolled in the course may, but are not required to, register for the spring-semester segment, which will meet more like a seminar, one 2-hour session per week, for 2 additional credits. The course will not call for outside research, but will involve somewhat more writing, and some student facilitation of class discussion. Students electing to take both segments will get a single 5-credit grade. The spring course will only be open to students who have taken the fall segment. (scroll down) Substantively, in the fall the focus will be on the questions listed above. The spring segment will build on that experience to consider the interaction between differing religious traditions and several contested moral questions in the contemporary world: economic justice, bioethics, abortion, homosexuality, capital punishment, and war. You will not need to decide regarding the spring segment until you register for that semester. 3. Course requirements. Regular attendance, conscientious engagement with the readings, informed participation in discussions, and some reflective writing on them. The coursebook is my work, Religion and Legal Thought and Practice (Cambridge 2010). It will be available (in addition to all the usual ways) at the Penn Book Center, across Sansom Street from the School. (This is NOT the University Bookstore).
Research in Foreign & International Law (Femenia)     Fall 2013
2 sem. hrs.
This course will familiarize students with the basic sources in international law and the national law of key foreign jurisdictions, and help students develop the necessary skills to efficiently research transnational legal questions. Students will learn how to find international treaties, decisions of international courts, United Nations and European Union documents, and legislation and court decisions of selected common law and civil law jurisdictions. International economic law, human rights and foreign constitutional, criminal, intellectual property and tax law research will also be singled out for special attention. As much as possible, the emphasis will be on English language materials and reliable online sources for foreign and international law. The format will be 60% lecture, 40% participatory. The course will be graded credit/no credit. To meet the course requirement, students must complete four short (1- to 2-page) assignments consisting of questions designed to provide practice with the resources presented in class, and a final paper (8 to 10 pages) describing a sample research problem in international or foreign law, and detailing the research steps and resources the student found most useful in addressing that problem. There will be no final exam. Because successful completion of assignments will depend upon demonstrating familiarity with the resources and skills introduced and practiced in class, attendance is mandatory. No prerequisites are necessary to enroll in this course. The course is strongly recommended for journal editors, for participants in the Jessup International Law Moot Court Competition and other international competitions, and for students considering careers in international law.
Technology and Policy (Yoo/Smith)     Fall 2013
3 sem. hrs.
This course will explore the various legal regimes that apply to the Internet. Topics will include FCC regulation of the Internet, network neutrality, voice over Internet protocol, backbone regulation, pornography, municipal broadband and the digital divide, ICANN, the Digital Millennium Copyright Act, cybersquatting, the use of trademarks in domain names, file sharing, regulation of search engines, and privacy.
Trademarks (Parchomovsky)     Fall 2013
2 sem. hrs.
This course examines ways in which the manufacturer can establish and protect his /her identity and the identity of his/her product in the marketplace. Attention is directed to the various devices which can be used for this purpose, particular focus being given to trademarks and trade-names under the Lanham Act, common law and various state laws. Attention is also given to related areas of unfair competition, including such topics as false advertising.
Transactional Lawyering - Practical Skills in Getting Deals Done (Cogut)     Fall 2013
3 sem. hrs.
This course will explore the activities of deal lawyers involved in both public and private M&A transactions. The principal focus will be on the roles and responsibilities of young corporate lawyers in such matters. The course will examine the rationale and purposes of the provisions of core documents and of related research tasks in M&A transactions in order to provide students with an understanding of these provisions and the goals to be achieved by the related tasks. In addition, the relationship of these documents and tasks to the overall strategic objectives of a client will be studied and reference will be made to various deals in which I have been involved during my career. The course will also provide exposure to the roles of other advisors involved in the M&A process, such as bankers, PR specialists and proxy solicitors. Guests, including practitioners and other M&A advisors, will join some classes. There will be assignments (which will not be graded) similar to work performed by young associates at law firms such as due diligence, reviewing confidentiality letters, etc.; advice with respect to professionalism issues; exposure to "deal" vocabulary; and practice tips for career success. Though it may appear that the course will principally be helpful to students who are planning to be corporate lawyers involved in M&A matters, it is hoped that the course will prove interesting and valuable to all students in their last year before becoming practicing attorneys. Corporations is a pre-requisite. The course will be limited to 25 students.
Trial Advocacy (Specter)     Fall 2013
2 sem. hrs.
What is trial work really all about? What does it mean to be a trial lawyer? This introductory course will provide an overview of the litigation process. Topics will include new case analysis, investigation, evidence gathering, deposition preparation and taking, trial preparation, jury selection, opening statements, closing arguments, direct examination and cross-examination. For four class sessions, we will mock try a case with all students participating in some manner. This course may be taken along with, instead of, after or before the full year trial advocacy course (in other words, taking one doesn't preclude taking the other). Attendance and class participation are mandatory. Class work will count toward each student's grade within the guidelines recognized by the law school.
Trial Advocacy: Yearlong     Fall 2013
2 sem. hrs.
This is a pass-fail course with strict reading and in-class performance requirements. It is a skills course in trial techniques and related litigation theory development. The student will learn how to prepare and try civil and criminal cases. The objectives are to create strong fundamental skills in the art of direct examination, cross-examination, objections, preparation of witnesses, jury selection, preparation and examination of expert witnesses, introduction of documents, and opening and closing arguments. There will be video-taped exercises followed by individual critique. The course culminates in full mock trials in state or federal courtrooms, with witnesses and jurors. All students participate as trial counsel. It is strongly recommended that students have completed, or are currently enrolled in an Evidence course. Attendance and participation are mandatory. Approximately six (6) students will be selected from the combined classes to participate, on a voluntary basis, in the National Mock Trial Competition. Tryouts are held at the conclusion of the first semester. If selected, the Trial Team's second semester will entail participation on the Trial Team, and those selected will not be required to attend the regular Trial Advocacy classes. This course is graded credit/fail only.
Wharton Exec Ed: Certificate in Management     Fall 2013
3 sem. hrs.
The Wharton Certificate in Management is designed to increase the business skills and leadership capabilities of upper level law students who aspire to lead key parts of a business, non-profit, agency, or firm and form the pool of future top leadership of any organization. Participants will: •Advance their strategic decision making capabilities to think faster and more creatively about current competitive strategies and solutions. •Deepen understanding of organizational dynamics to improve the design and implementation of new initiatives and avoid destructive conflicts. •Build capabilities for leading teams across functions. •Develop knowledge in core areas of running an enterprise, including marketing, management, strategy and finance, particularly the understanding of how financial data is generated and reported, as well as how it is used for decision making, analysis, and valuation. The focus will be on how these core areas connect to other disciplines based on current research and best practice. The Wharton Certificate in Management is designed by Wharton's Aresty Institute of Executive Education, in conjunction with the University of Pennsylvania Law School. This 3 credit course counts as 2 courses outside of the Law School; the Law School will count a total of 4 courses (12 credits) of graduate-level coursework toward the JD degree. This course is graded pass/fail. There is a $200 certificate fee associated with the WH Certificate in Management; the charge will be billed to your account at the conclusion of add/drop. There is a mandatory Orientation scheduled for September 3, 4:00–5:00 pm, in the Steinberg Conference Center, Room: First Floor Flat. Following Orientation, there will be a reception in the First Floor Foyer. Students no longer wishing to pursue the Certificate must drop the course by the end of the day (11:59 pm) on Thursday, September 5. Withdrawal after this time will result in a W (withdrawal) on the transcript. Students will use WH Ex Ed's course site, Canvas, for course materials, assignments and course communication.
Writing for Practice (Kimbol)     Fall 2013
2 sem. hrs.
This course will be devoted to the types of writing most frequently encountered in transactional law firm practice. We will work on client communications ranging from informal email style to opinion letters. Most of the writing will not require much, if any, research, though one project will require 5 to 10 hours research. We will not be drafting litigation memos, briefs, etc. Rather we will be working on the kinds of communications that typically advise clients of legal risks and how to minimize those risks in business transactions. Minimizing risks can, of course, range from advising clients of risks so they can be factored into a business decision, to suggesting alternate transaction strategies to, in extreme cases, advising abandonment of the proposed transaction. The most difficult, and correspondingly most valuable, part of this course is learning how to explain complicated and sometimes vague legal concepts in terms that non-lawyer clients can understand and use in operating their businesses. Add/drop for this course will end after 1 week.