Office of the Law School Registrar
Course Directory

Seminars - Upperclass
Fall 2000


Registration: Students interested in taking a seminar should complete a preregistration form and return it to the Registrar's office by Thursday, April 13, 2000, (or after pre-registration, submit a note to the Registrar's Office). Enrollment confirmation notices will be distributed to students who get into a seminar. Students who do not receive an enrollment confirmation should assume that their names are on the appropriate waitlist(s) and will be notified if a spot becomes available.
Limitations on withdrawal from seminars: Students wishing to drop a seminar after the seminar has had its first meeting must obtain permission from the instructor to withdraw from the seminar. Note that it may be difficult to obtain instructor permission to withdraw from any oversubscribed seminar after the time has passed during which the instructor will permit another student to enroll.
The research and writing requirement: All students are required to receive credit in one Seminar. (Supervised Research does not fulfill the research and writing requirement.) Students are encouraged to read the course descriptions carefully for details about the seminar, such as the structure (in terms of how often it meets as a group or in individual sessions with the faculty member) and other requirements.

BIOMEDICAL RESEARCH LAW AND POLICY SEMINAR Rebecca Dresser
W78-628S sec 01 (3 hrs)  
MON 3:00 - 5:00 p.m.
Enrollment limit: 16
   
The twentieth century biomedical research revolution has generated numerous conflicts demanding legislative, judicial, and regulatory action. This seminar will address some of the most pressing issues raised by modern research activities. Course readings and discussion will review issues relevant to research involving human subjects, including general ethical and regulatory principles governing human subjects research, and special issues raised by studies involving seriously and critically ill individuals, randomized clinical trials, and research involving vulnerable populations, such as children, persons with cognitive impairment, and prisoners. Other topics to be covered are research involving human embryos and fetal tissue, gender and racial bias in biomedical research, and special issues raised by HIV/AIDS research. The course also will address scientific misconduct, research conflicts of interest, and additional issues related to commercialization of biomedical research. Students interested in exploring the intersection of law and biomedical science are encouraged to enroll. Students will choose their seminar paper topics from a list of general areas relevant to research law and policy. They will be required to write a rough and final draft of the paper. They also will be required to present and discuss their ideas with the rest of the class. Papers will ordinarily be between 25 and 30 pages of text. Students will meet with the instructor on an individual basis to discuss their presentations and paper ideas. Grades will be based primarily on the quality of students' papers; oral presentations and class participation also will be taken into account.

CHINESE LAW SEMINAR
  Frances Foster
W78-626S sec 01 (3 hrs)  
MON 3:00 - 5:00 p.m.
Enrollment limit: 16
   
This seminar will offer an introduction to the legal system of the People's Republic of China. Topics will include the historical and ideological foundations of modern Chinese socialist law; legal institutions and personnel; constitutional law and definitions of human rights; criminal law; dispute resolution; evolving approaches to contract, market, and ownership; and women's rights. The class will meet as a group on a weekly basis for most of the semester to discuss course readings, late-breaking developments in Chinese law, and seminar paper topics. Students will be expected to read assigned materials, participate actively in class discussion, and serve on "panels of experts" for three seminar sessions. In addition, students will be required to complete a significant scholarly research paper. They must submit a topic statement, a first draft, and a final, revised version of the paper. The instructor will provide extensive feedback on drafts both in writing and in individual conferences with students.

ENVIRONMENTAL AND LAND USE LITIGATION SEMINAR
Daniel Mandelker
W76-630S sec 01 (3 hrs)  
MON 3:00 - 5:00 p.m. (Does not meet as a group on a regular basis; see syllabus or professor for details)
Enrollment limit: 16
Litigation issues and strategies play a critical role in shaping land use and environmental law. This seminar considers land use litigation in state courts under state procedures and in federal courts under § 1983 of the Federal Civil Rights Act. It also considers environmental litigation in federal courts under federal environmental legislation. There is one writing assignment, which can be a brief to an appellate court, a court decision, an office memorandum or a statutory or rule revision. The minimum length of the paper is 30 double-spaced pages, and there also is a minimum footnoting and minimum research requirement. A first draft of the paper is required followed by a final draft, which must show substantial improvement. Conferences with the instructor are required on topic selection and on the first draft. I am always available to meet with students after the final draft is submitted. The primary objective of this seminar is to improve writing and analytic skills. The student should also be able to learn about a specific topic of interest and should be able to improve his or her research abilities. However, I attempt to minimize research difficulties by providing students with a research base they can use to develop their topics. Litigation issues and strategies play a critical role in shaping land use and environmental law. This seminar considers land use litigation in state courts under state procedures and in federal courts under § 1983 of the Federal Civil Rights Act. It also considers environmental litigation in federal courts under federal environmental legislation. There are a number of paper options, including a brief to an appellate court, a court decision, an office memorandum or a statutory or rule revision. For example, I am presently working with the American Planning Association to revise state judicial procedures in land use law. A paper could propose a model statute to revise these procedures.

FEDERAL JURISDICTION ISSUES SEMINAR
  D. Bruce La Pierre
W76-711S sec 01 (3 hrs)  
MON 3:00 - 5:00 p.m.    
Students in this seminar will study the jurisdiction and functioning of the federal courts, the distribution of authority between federal and state courts, and the roles of federal and state law in the federal system. The text is Bator, Mishkin, Shapiro & Wechsler, Hart & Wechsler's The Federal Courts and the Federal System (4th ed.) The topics will include the nature of the federal judicial function (the Article III "case or controversy" requirement, standing, ripeness and political questions), Congress' power to regulate the jurisdiction of federal and state courts, and Supreme Court review of state court judgments. There will be 8-10 class meetings. Each student will write two (10 to 15) page papers addressing cases and issues discussed in class. The papers will require some independent research. Each student will meet with the instructor to select a topic, present an outline, to discuss an initial draft, and to review the final paper. Where appropriate, students will be required to rewrite all or parts of their papers.

REPRODUCTIVE CONTROL SEMINAR
  Susan Appleton
W76-652S sec 01 (3 hrs)  
MON 3:00 - 5:00 p.m.
Enrollment limit: 16
   
This seminar will focus on the growing body of law concerning human reproductive decisions, with emphasis on the pervasive tension between individual autonomy and government intervention. Coverage will include the topics of contraception, abortion, sterilization, pregnancy-based discrimination, genetic counseling, artificial insemination, surrogate gestation, in vitro fertilization, population control and the like. Students also will become acquainted with various problems of law and medicine, e.g., informed consent, medical malpractice, etc. This seminar will be conducted on the assumption that all students have completed or are currently enrolled in a course covering individual constitutional rights and liberties (covered in Constitutional Law II); any student without this exposure to individual constitutional rights will be seriously disadvantaged in this seminar. The seminar will meet regularly. In addition, each student will be required (1) to present to the class a well-researched analysis of a particular subtopic and (2) to submit a first draft and final version of a paper on the same subject. All students will be expected to attend the class meetings regularly and to participate in the class discussions. In addition, students must meet individually with the instructor to plan and rehearse the class presentation and to get feedback on the first draft of the report. Depending on the precise format ultimately chosen for this class, the class meetings may last until 5:30. To allow for that eventuality, please keep the additional 30 minutes free if you enroll in this seminar.

SUPREME COURT SEMINAR
  Stuart Banner
W76-678S sec 01 (3 hrs)  
MON 3:00 - 5:00 p.m.
Enrollment limit: 16
   
For half this course we will examine various aspects of the Supreme Court - how Justices are selected, how the Court chooses its cases, the extent to which the Justices' political preferences influence the decisions, and so on. In the other half of the course we will sit as a mock Supreme Court, deciding eight of the current term's cases. Each student will be a lawyer presenting oral argument in two cases and a Justice deciding the other six. Each student will write at least two opinions.