Є
COMPARATIVE LEGAL ETHICS SEMINAR (PAJ)
W76 742S LAW 01 M 3:00p-5:00p Joy
Enrollment limit: 16. This course is
part of the Ethics Curriculum. Students in this course will write a
research paper of publishable quality in the field of legal ethics. An
emphasis will be placed on paper topics which compare U.S. legal ethics
approaches with the approaches in other countries. Students will be
expected to research legal ethics regimes in at least one other country
in addition to the United States. Mechanics and Writing Requirement: The
class may meet as a group on a weekly basis for a substantial part of
the semester to discuss course readings. Students will be expected to
read assigned materials, and participate actively in class discussion.
Students may also be required to make presentations based either on
their paper topics or comparative material necessary for the successful
analysis of issues discussed in their papers. Each student will meet
individually with the instructor to discuss the topic selection for his
or her paper, and each student will need to turn in a research proposal,
an outline, a preliminary draft, and the final, revised, version of the
paper (30-40 pages in length). The instructor will meet with students
individually to discuss progress on the papers, and students will
receive written and oral feedback on the preliminary draft. Although
there are no prerequisites, students taking this course should already
understand U.S. legal ethics issues, preferably through taking Legal
Profession or some other legal ethics course. If a majority of students
enrolling in this Seminar have not had a U.S. legal ethics course, the
first six or seven weeks of the semester will focus on an overview of
U.S. legal ethics issues and may include a short mid-term exam, which
will count for 25% of the final grade in the course. (Seminars are not
graded anonymously because the professor works with students on their
writing project(s) throughout the semester.) 3 units.
CONSTITUTIONAL INTERPRETATION &
JURISPRUDENCE SEMINAR (SLP)
W76 686S LAW 01 Days/times TBA* Paulson
Enrollment limit: 16. (This seminar
will have 3 group meetings during the first three weeks of the semester,
at times that are mutually agreeable with the enrolled students and
Prof. Paulson. Thereafter, the seminar reverts to one-on-one meetings
scheduled with individually with Prof. Paulson.) In the seminar on
constitutional interpretation, students have an opportunity to examine
and evaluate competing views on the nature and sources of constitutional
law, this with an eye to writing a research paper. Typically, though not
necessarily, the student's examination of a particular approach to the
Constitution ("constitutional interpretation") will take place in the
context of a particular case or case-law development. One modern example
illustrating the central importance of a theory of constitutional
interpretation stems from the area of privacy. Abortion, also certain
forms of sexual behavior - both proscribed in the legislation of many of
the States - enjoy protection under a constitutional doctrine of
privacy. What is privacy? and what sort of argument can be adduced for
or against its constitutional standing? Does a doctrine of individual
autonomy lie behind the doctrine of privacy? In orientation sessions at
the beginning of the semester, I'll sketch various approaches to
constitutional interpretation (originalism or intentionalism, Dworkinian
politico-moral principles, Ely's "representation reinforcement" as a
middle way, etc.), based on readings from representatives of each view.
Then the offering reverts to the format of "supervised independent
research" (i.e. several one-on-one meetings with me in the course of the
semester rather than class meetings). Those students who are interested
in jurisprudence or legal philosophy rather than constitutional
interpretation are invited, in consultation with me, to write a paper in
that field. (Seminars are not graded anonymously because the professor
works with students on their writing project(s) throughout the
semester.) 3 units. * Three group meetings in the 1st 3 wks of the
semester at times that are mutually agreeable with Prof. Paulson & the
enrolled students. Thereafter, Prof. Paulson will meet with students
individually at mutually agreeable times. 3 units.
CORPORATE FRAUD SEMINAR (KFB)
W76 727S LAW 01 M 3:00p-5:00p Brickey
Enrollment limit: 16. Financial
accounting scandals of unparalleled dimensions have dominated the news
since October, 2001, when Enron announced a $618 million loss for the
third quarter and reduced shareholder equity by $1.2 billion. The events
that followed resulted in Enron's filing of the largest bankruptcy in
our nation's history; the obstruction of justice convictions of Enron's
auditor, Arthur Andersen, and Andersen's lead Enron engagement partner;
and a proliferation of civil and criminal investigations into possible
accounting fraud by other Andersen clients - including WorldCom. Between
March of 2002 and February of 2003, more than three dozen corporate
owners, executives, and employees were indicted for fraud and related
offenses arising out of the current scandals. The spheres of official
inquiry continue to expand to include the role that lawyers,
accountants, stock analysts, and investment banks may have played in the
scandals; issues relating to lavish executive compensation arrangements,
particularly the use of stock options as incentives; the role of the
board of directors; and the creation of abusive tax shelters. Students
enrolled in this seminar will write a paper of publishable quality on a
criminal law topic relevant to the scandals. Students must meet firm
deadlines for submitting a topic statement, a first draft, and – after
receiving significant feedback from the instructor – a final, revised
version of the paper. They will also present their research to the
class. (Seminars are not graded anonymously because the professor works
with students on their writing project(s) throughout the semester.) 3
units.
ENVIRONMENTAL & LAND USE LITIGATION
SEMINAR (DRM)
W76 630S LAW 01 M 3:00p-4:30p Mandelker
Enrollment limit:16. Litigation issues
and strategies play a critical role in shaping land use and
environmental law. The seminar will be based on a hypothetical
environmental or land use case. During the first part of the seminar
each student will prepare either an amicus or party brief in support of
one of the parties in the case. In the second part of the seminar these
roles will be reversed. A student who prepared a party brief will
prepare an amicus brief for the other side. A student who prepared an
amicus brief will prepare a party brief for the other side. Each brief
will also be revised once. Oral arguments before a panel of judges will
be scheduled for students who want to argue the case. All briefs will be
eight pages in length. The class will meet periodically during the
semester to discuss the writing assignments. The emphasis in the seminar
is on writing and presentation. Research sources will be made
accessible. (Seminars are not graded anonymously because the professor
works with students on their writing project(s) throughout the
semester.) The cases I have prepared for the seminar in previous
semesters have been either environmental or land use cases are a mixture
of both. I would like students who enroll in the seminar to write me and
tell me what kind of case they would prefer. (Seminars are not graded
anonymously because the professor works with students on their writing
project(s) throughout the semester.) 3 units.
IP
GENETICS ETHICS, LAW & POLICY SEMINAR (RSD)
W76 729S LAW 01 M 3:00p-5:00p Dresser
Enrollment limit: 16. In this seminar,
students will learn about selected issues in genetics law and policy.
Besides informing students about an increasingly important area in law
and science, the course will help students develop their skills in
critical and interdisciplinary analysis. During the first part of the
seminar, class members will read general materials that will supply a
basis for their individual work on specific topics. The readings will
address a variety of topics relevant to genetics law and policy,
including genetic discrimination, prenatal and presymptomatic genetic
testing, coverage of health care for genetic conditions, genetics
research, and issues related to state-sponsored and private eugenics.
Students will write a 25-30 page paper on a topic chosen from a list of
topics addressed in the seminar readings. You will submit a paper
outline and write a first and final draft of your paper. You will also
lead a class discussion of your paper topic. I will meet with you
individually to discuss your research, writing, and class presentation.
The seminar will meet regularly except for a few weeks set aside for
writing time and individual meetings with me. You will be expected to
attend class and to participate in the discussions. There are no
prerequisites for this seminar. The seminar is not part of the Ethics
Curriculum. (Seminars are not graded anonymously because the professor
works with students on their writing project(s) throughout the
semester.) 3 units.
IP
INTERNATIONAL INVESTMENT LAW SEMINAR (APM)
W76 612S LAW 01 - Meets as a group the first day of the
semester, Mon, Aug. 22, 3:00-5:00 - Mutharika
(This seminar does not meet as a
group on a regular basis.) Enrollment limit: 16.
Introduction to
current legal relationships between foreign investors and entities
(both governmental and non-governmental) in the investee estate and
examination of the legal factors that influence an investment
decision and how investment agreements are structured. Among the
topics to be considered are U.S. and foreign investment laws and
regulations, investment restrictions and incentives, currency
controls, licensing, joint business ventures, expropriation and
compensation, settlement of investment disputes, transnational
corporations, and codes of conduct. Students will be required to
write a paper of publishable quality. There will be one group
meeting at the beginning of the semester. After that, I will hold
individual conferences at various intervals to discuss topic
selection, abstract and outline, and partial draft. (Seminars are
not graded anonymously because the professor works with students on
their writing project throughout the semester.) *
The class will meet as a group once - on Mon, Aug. 22, 3:00-5:00.
Students will then meet individually with Prof. Mutharika at mutually agreeable times throughout the semester.
3 units.
LITIGATION SEMINAR: POLICY, RULES,
STRATEGIES, & RELATED ISSUES (KJN)
W76 730S LAW 01 M 3:00p-5:00p Norwood
Enrollment limit: 16. (This seminar
will meet on a regular basis although there will be some weeks when
class will be suspended while students work on the research and writing
of their papers.) This seminar is designed to help students learn the
ways in which "justice" is affected in the courtroom; specifically, we
will look at various factors that are unrelated to either the
substantive law to be applied in the case being tried or the underlying
facts of the case being tried and learn if, why, and how those factors
impact (or skew?) the outcome of the litigation. As some of the work in
this seminar will involve stereotypes, biases, and unconscious
perceptions and judgments, students may need to tap into other
disciplinary fields of study, i.e., sociology, psychology, among others,
to complete his or her research. A resource list will be sent to all
course registrants and wait-list students during the summer. Topics must
be selected during the first two weeks of the semester. Students will be
expected to turn in an outline, a preliminary draft, and a final draft
of the seminar paper of approximately 30 pages in length. The
preliminary draft will be worth 50% and will be due by the fall break.
Students will be expected to meet with the Professor on an individual
basis, at various times, to discuss things like topic selection,
progress on the outline, and critique of the rough draft. Students also
will be required to make a presentation to the class concerning the
subject matter of their paper. Attendance is required. (Seminars are not
graded anonymously because the professor works with students on their
writing project(s) throughout the semester.) 3 units.
IP
PRIVACY LAW SEMINAR (NMR)
W76 728S LAW 01 M 3:00p-5:00p Richards
Enrollment limit: 16. This readings
seminar will focus on the American law relating to the hard-to-define
concepts of personal and informational privacy. Particular attention
will be paid to the following topics: (1) the problems associated with
coming up with a useful definition of the term "privacy"; (2)
philosophical and historical development of and justifications for a
right to privacy; (3) the emerging law of information privacy - usually
defined as the right of individuals to control the use of information
about themselves - in the context of new technologies; (4) the tensions
between privacy rights and the First Amendment; (5) the similarities and
differences between the privacy rights of individuals against other
individuals (commonly termed "tort privacy") and the privacy rights of
individuals against the government (particularly in the law enforcement
context). Because privacy law is a sprawling and often incoherent area
of law, critical discussions of the nature, purposes, and utility of
privacy law are essential. Thus, although the seminar is intended to
satisfy the upper-level writing requirement, it will be structured along
the lines of a graduate readings colloquium - the class will meet every
week and the writing assignments will require students to engage in
critical analysis of the readings rather than supervised research.
Grades will be based upon a combination of class participation, oral
presentations critiquing assigned reading materials, and two writing
assignments in reaction to the readings that will total 20 - 30 pages
over the course of the semester. Students will have the ability to
revise writing assignments after receiving feedback. Students who have
taken Information Privacy Law are not eligible to take this course, and
students who take this seminar are not eligible to take Information
Privacy Law, which is being offered in Spring 2006. (Seminars are not
graded anonymously because the professor works with students on their
writing project(s) throughout the semester.) 3 units.
RACIAL PROFILING SEMINAR: POLICIES,
PRACTICES & THE LAW (KYB)
W76 743S LAW 01 M 3:00p-5:00p Barnes
Enrollment limit: 16. This course
provides an in-depth look at a current "hot topic" in law enforcement:
racial profiling. As the title suggests, the course will integrate three
facets of the racial profiling debate. First, what is the legal
landscape surrounding racial profiling? Second, to what extend is racial
profiling actually practiced "in the trenches" and how can scholars and
policymakers go about making this determination? And finally, what are
the policy implications of (1) and (2)? Reading will include both
caselaw and scholarship on racial profiling, including some empirical
studies. The class will meet as a group on a weekly basis for most of
the semester to discuss course readings, seminar paper topics, and
issues in the papers as they arise. Students will be expected to read
assigned materials and participate actively in class discussion. In
addition, students will be required to complete a scholarly research
paper, and will need to select its topic during the first two weeks of
the semester. They must submit a topic statement, a research plan, an
annotated bibliography, a first draft, and a final, revised version of
the paper. Students will also be expected to provide feedback on their
classmates' seminar projects. (Seminars are not graded anonymously
because the professor works with students on their writing project(s)
throughout the semester.) 3 units.
IP
RIGHT OF PUBLICITY SEMINAR (JR)
W76 746S LAW 01
W 1:00p-3:00p Rothman
Enrollment limit: 16. Can the
actors who played Norm and Cliff on Cheers stop the creators of that
show from licensing those characters to a chain of airport bars? Can
Vanna White, from the Wheel of Fortune, prevent a commercial from
showing a robot with a blonde wig turning letters on a game board? In
this seminar, we will address these questions and more. Students will
get an in-depth grounding in right of publicity law, tracing the
evolution of the right from its privacy law origins to its current
status as a quasi-property right. The seminar will explore open
questions in the area of publicity law, such as whether the right
survives death, applies only to celebrities, and if and when it
conflicts with federal intellectual property laws and the First
Amendment . The first half of the seminar will be run as a readings
seminar with regular class meetings focused on giving students a solid
grounding in publicity law. Students will then be given a packet of
material based on a real publicity case and asked to draft appellate
briefs for the case (25 pages in length) (no prior background in brief
writing is expected). These briefs will be graded anonymously and will
constitute 60% of the seminar grade. Students will then meet
individually with me to discuss the briefs and be asked to revise
their papers. The revised draft and class participation will make up
the remainder of a student's grade for the seminar. (Final
seminar grades will not be anonymous because the professor works with
students on revising their writing project). 3 units.
THE STATE & RELIGION: COMPARATIVE
CONSTITUTIONAL LAW SEMINAR (MB/LG) W76 744S 01 M 3:00p-5:00p Borowski / Greenhaw
Enrollment limit: 16.
(Note: this is a revised description, published on 8/21/05.) This
seminar will examine selected topics concerning the state and religion
in the constitutional law of the United States and Germany. The goal
is both to understand and to compare the doctrines, methods and
contexts. Topics will include models for comparative study of state
and religion; limits on regulation of religious speech and activity,
funding of religious activities, and governmental treatment of
religion in actions affecting culture, such as public schools. Because
students come with varying backgrounds in U.S. constitutional law and
little, if any, background in the basic law of Germany and comparative
constitutional law, the seminar is not organized as a research
seminar. Instead, it is more like a graduate reading seminar. The
faculty will initiate instruction/discussion of assigned readings, and
student oral participation and written reactions will be emphasized.
The seminar is intended to satisfy the upper-level writing requirement
but will not require a research paper. The class will meet weekly and
assignments will emphasize critical reading of, and reaction to, the
assigned readings rather than research. Grades
will be based on combination of class participation, oral
presentations on the assigned materials, and two written reactions to
the assigned reading, 20-30 pages overall. Students will be receive
feedback on their writing and be able to incorporate it in the
subsequent assignment. (Seminars are
not graded anonymously because the professor works with students on
their writing project throughout the semester.) 3 units.
