Office of the Law School Registrar:
Course Directory:
Spring 1999 Upper Level Courses

Students interested in taking a seminar should complete a preregistration form and return it to the Registrar's office by March 23, 1998 (or after pre-registration, submit a note to the Registrar's Office). The Registrar's Office will notify the student of whether they have been enrolled or waitlisted.
Any student is welcome to submit Revised Pre-Registration forms for Seminars, Clinics, Trial & Pretrial for the “new lottery,” if the new offerings or canceled courses affect their preferences. Students who previously submitted Pre-Registration Forms for Seminars, Clinics, Trial & Pretrial are not, however, required to submit new forms. If a student does not submit a revised form, we will use the original Pre-registration Form(s) he or she submitted for purposes of the original lottery. We will simply ignore any course that has been canceled. REVISED PRE-REGISTRATION FORMS FOR SEMINARS, CLINICS, TRIAL& PRETRIAL CAN BE FOUND IN THE “STUDENT INFORMATION & FORMS” AREA TO THE LEFT OF THE STUDENT MAILBOXES. STUDENTS MUST SUBMIT REVISED PRE-REGISTRATION FORMS TO ROOM 303 BY 5:00 P.M., TUESDAY, APRIL 7, 1998, TO BE CONSIDERED IN THE “NEW LOTTERY.”

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 premission 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, except those exempted by four semesters of Journal or Quarterly participation, are required to receive credit in one seminar. There are two types of seminars: the course seminar and the writing seminar. Both types of seminars fulfill the research and writing requirement. Generally, course seminars meet once per week throughout the semester. Writing seminars may or may not meet as a group, depending on the instructor. Students are encouraged to read the course descriptions carefully for seminar requirements. Supervised Research does not fulfill the research and writing requirement.

Note to rising second-year students: Students who make Journal or Quarterly may lose their placement in a seminar (because students who are not on Quarterly or Journal receive priority due to the Research and Writing Requirement), depending on the waitlist for that seminar. When the Journal/Quarterly lists come out in the summer, the Registrar's Office will notify students who lose their seminar placement as soon as possible, so that they can adjust their schedules accordingly.


W76-657S sec 01 (3 hrs)
MON 3:00 - 5:00 (Writing Seminar)
Enrollment limit: 16

In this writing seminar, each student will explore in depth, in a scholarly paper comparable in scope and quality to a law review note, a legal problem related to the legal rights and obligations of the aliens. The general subject matter encompasses all of immigration law (see course description for that subject) plus all other areas of the law that implicate aliens' rights and obligations. Examples of such other issues include aliens' eligibility for welfare benefits, entry into selected professions, government employment, voting and other political activity, land ownership, access to the courts, to public schools, and to other public services, and aliens' susceptibility to conscription. The instructor will provide a list of specific suggestions for papers, but students will be free to write on other suitable topics within the subject matter of the course after receiving approval from the instructor. Each paper will progress from topic selection to a detailed writing outline, to at least two drafts. We shall meet formally as a group at the start of the semester and later on as the need arises. Individual conferences will also be mandatory. Apart from the required meetings, students will be encouraged to consult freely with the instructor throughout the semester. There are no prerequisites or co-requisites, although previous completion of the immigration law course would be a significant advantage.


Now an Applied Skills Course.


W76-686S sec 01 (3 hrs)
MON 3:00 - 5:00 (Writing Seminar)

Enrollment limited to 16.
In the seminar on constitutional interpretation, students have an opportunity to examine and evaluate competing views on the nature and sources of constitutional law. For one prominent example in recent literature, consider Ronald Dworkin's position: He contends that one can make good sense of equal protection adjudication only if one takes seriously the underlying principle of equality--understood as a moral principle. This is a position toward one end of the spectrum in the current debate. Toward the other end, there is, for example, Robert Bork. He holds that the nature and limits of "equal protection" in our Fourteenth Amendment are to be understood by returning to the intentions of those in the Reconstruction Congress. What they had in mind (what they intended) determines what "equal protection" means. In addition to a variety of themes on constitutional interpretation, students may also select, if they wish, themes from jurisprudence and legal philosophy.


W76-681S sec 01 (3 hrs)
MON 3:00 - 5:00 (Course Seminar)

Enrollment limit: 20
Most of corporations law focuses on internal relationships between shareholders, directors and officers. This course-semiar focus on how those groups collectively use the corporate form to relate to (and sometimes take advantage of) outsiders. One recurring topic will be limited liability and the use of the separate corporate entity to transfer liability or obtain benefits in various contexts such as torts, workers' compensation, tax and government benefits. The semester will be divided into three parts. For the first six weeks or so, the class will meet weekly for discussion based on readings provided by the instructor. During the middle part of the semester, class will not meet while participants prepare papers. During the last weeks of the semester, class will again convene for student presentations based on the paper. These papers will be distributed to other students in the class and each student will be asked to prepare a short critique of the other papers. A second draft of the paper will be due at the end of the semester. The grade in the seminar will be based on the two drafts of the paper and class participation, including the written critiques of other papers.




(3 hrs)
(Course Seminar)

This course seminar will introduce Japanese law and legal institutions in a discussion format. Major topics to be covered include the Japanese legal profession, dispute resolution, corporations, and economic regulation. The course seminar will also introduce important scholarly perspectives on Japanese law. Throughout the course, law will be placed in the context of Japanese social, political, and economic institutions.

Students will be required to maintain an excellent attendance and participation record, write a medium-length (15 page) paper on a Japanese law topic, and complete a short take-home examination. Students will be expected to communicate regularly with the instructor concerning the research and writing of their papers.
The course seminar will meet at least five times during the semester, with the probable addition of a sixth meeting to be scheduled in consultation with enrolled students. The five scheduled meetings are as follows:

Monday, January 4, 8-9 p.m. (informational meeting)
Friday, February 5, 7-9 p.m.
Monday, March 15, 8-10 p.m.
Friday, March 19, 6-8 p.m.
Friday, April 9, 6-8 p.m.





W76-659S sec 01 (3 hrs)
WED: 8:30 - 10:00 (Course Seminar)

Enrollment limit: 20
Perhaps at some point during your first year of law school you may have felt like you were being taught in a foreign language. This seminar will explore the possibility that your feeling might have been right, that learning "to think like a lawyer" may in part be like learning a new language. The course will begin with a series of writing exercises in which you will describe an event using a variety of voices, both legal and non-legal, in order to develop an understanding of what is lost and gained by talking about events in the language of the law. We will then move to analysis of an important legal text, such as a constitutional provision, to analyze how its legal interpretation is different than its meaning in every-day language. We will conclude by considering law "as literature" to see if we can learn from literary criticism ways in which to comprehend and manage complex and indefinite meaning. Although some of the writing assignments will involve such important forms of legal expression as arguments to a jury, jury instructions, judicial opinions and statutory drafting, this seminar, unlike the applied lawyering skills courses, is not primarily intended to teach practice skills, nor will the course focus on traditional legal research. Some of the reading will be taken from non-legal materials such as literary essays, excerpts from novels, poems, and literary criticism. If you do not expect to enjoy reading such non-legal texts and comparing them to legal writing, or engaging in some non-legal writing yourself, you probably should not take this seminar. Writing will consist both of short exercises and papers generally due weekly for the first half of the semester and a medium length paper due at the end of the course. The seminar will meet weekly; regular attendance and thorough class preparation is expected. The grade will be based on the quality of both written work and class participation. (Students taking Professor Cunningham's Law, Language & Culture course are not excluded from taking this seminar, as the courses are not significantly duplicative.)


W78-627S sec 01 (3 hrs)
MON 3:00 - 5:00 (Writing Seminar)

Enrollment limit: 16
This course is a part of the Ethics Curriculum. Students in this course will write a research paper of publishable quality in the field of legal ethics. Students will meet individually with the instructor to discuss the progress of their research, and will need to turn in a research proposal, an outline, a preliminary draft as well as the final paper. There are no prerequisites for this course.


W76-687S sec 01 (3 hrs)
MON 3:00 - 5:00 (Course Seminar)

Enrollment limit: 20
The taxation system reveals America's values - its political philosophy, its economic learning, its disposition to subsidization within the economy and redistribution of wealth. This seminar will analyze episodes and themes of American taxation history in an attempt to understand both taxation and American society more fully. Possible topics include taxation issues in the American revolution and early republic, the struggle for the adoption of the federal income tax, taxation of war profits, the rise of economists in tax theory and implementation, social security taxation, redistributive pressures during the Great Depression, taxation of families, the expansion of the income tax to the masses during World War II, and tax measures designed to spur economic growth.


W76-652S sec 01 (3 hrs)
MON 3:00 - 5:00 (Course Seminar)

Enrollment limit: 20
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 will also 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 (now 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 written report on the same subject. All students will be expected to attend the class meetings regularly and to participate in the class discussions. 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.


W78-727A sec 01 (3 hrs)
MON 3:00 - 5:00 (Course Seminar)

Enrollment limit: 20
This course seminar will cover a variety of policy issues concerning taxation, including progressivity, taxation of the family, the proper tax base, transfer and wealth taxes, state and local taxation, and proposals and reform. Students will be required to complete a paper at least 30 pages in length. In a addition, each student will co-teach at least one class meeting.