5074 CONTRACTS (four credits)
Explores legal obligations created by a voluntary mutual agreement between parties. Topics covered usually include the process of reaching a legally recognized agreement; identification of agreements that courts will enforce; the effect and interpretation of written agreements; reasons for refusing to enforce an agreement (excuse, abuse of bargaining, illegality); the effect of breaching an agreement; and enforcement of agreements. This course explores the general law of contracts on these topics and, to a limited extent, the particular law governing agreements for the sale of goods.

5072 CRIMINAL LAW (three credits)
Course involves the study of two interrelated topics. First, traditional and contemporary doctrines of substantive criminal law are analyzed, focusing on such issues as: theories of punishment, the formal elements of criminal culpability, the theory and degrees of homicide, criminal causation, inchoate crimes, accessorial and vicarious liability, conspiracy, and defense of excuse and justification. Second, this course is intended to give students an informed sense of the context, milieu, and process of criminal justice administration.

5073 CRIMINAL PROCEDURE (three credits)
Serves as an introductory course in constitutional law. The subject matter is Supreme Court decisional law and policy issues relating to the application and scope of the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Topics typically covered include: incorporation theory, right to counsel and related entitlements, the exclusionary rule, pretrial identification procedures, search and seizure law, and interrogation law. Students should gain both knowledge relating to constitutional law that governs the permissible perimeters of police conduct and defendants' rights and an informed sense of how the criminal justice system actually operates.

5071 LEGAL PROCESS (four credits)
Course develops the student's understanding of the underlying assumptions of law, its processes and institutions, and the nature of legal rules and concepts. Topics to be covered include the sources of legal rights, the different roles of courts and legislatures, and the division of authority between state and federal governments as it affects the work of lawyers. The course also examines the rules and strategic concerns that determine the place of trial, as well as ways of resolving disputes that do not involve the courts at all.

5075 LEGAL ANALYSIS AND WRITING (four credits)
The course develops the student's basic legal research and legal writing skills. The student prepares four legal writing assignments during the Fall Semester.

5082, 5083, 5084, 5085 PERSPECTIVES ON LAW (three credits)
This sequence will consist of four or five new courses from which students may select. These courses will provide broad, often interdisciplinary perspectives on the law (e.g., law and economics, law and history, law and social science, comparative law, law and philosophy) and will not be centered on traditional case analysis or on the development of specific lawyering skills.

5079 PROPERTY (four credits)
Analyzes the legal ordering of relations among individuals concerning things of economic value. The course content varies from professor to professor, but all examine the concepts that illuminate what law means by the terms "property" or "ownership." Throughout the course, students will be asked to contemplate what is the nature of property, what rights follow from the identification of property interests, and how these interests are allocated, protected, and transmitted.

5080 TORTS (four credits)
Investigates the legal principles and process by which the law allocates losses in actions brought by litigants who seek relief for injury. The primary emphasis is on cases involving harms to tangible personal and property interests. The course analyzes the three main theories of tort liability--intent, negligence, and strict liability--and introduces students to a variety of critiques of the current system.

5201 ADMINISTRATIVE LAW (three credits)
A study of procedural law that regulates how government agencies implement statutory programs. Students will be introduced to the law of agency process that governs the implementation of the virtually infinite array of public law statutes, such as those relating to environmental protection, workplace safety regulation, securities regulation, the regulation of collective bargaining, veterans' benefits administration, and social security administration. This course will focus almost entirely on federal constitutional law as applicable to both federal and state agencies, and federal statutory and judge-made law as applied to federal agencies. Specific topics will include the interrelationship of the policymaking roles of agencies and legislatures, rules governing the delegation of authority to administrative agencies, the authority of the federal executive branch to appoint and remove administrators, and the respective roles of Congress and the President in supervising agency action. Executive orders controlling regulatory policy, the scope and requirements of administrative due process, and federal statutory requirements for the conduct of on-the-record administrative adjudication will be covered as well.

5421 ADVANCED LEGAL RESEARCH (two credits)
An in-depth course on legal materials, both print and online, that will develop in the student knowledge of appropriate research strategies, understanding of the strengths and weaknesses of available resources, and the appropriate use of certain resources. Emphasis is on analysis of legal problems and integrated manual and online research strategies. Cost-effective online searching is also emphasized. Each student will create a pathfinder, a critical research guide that outlines and discusses research strategy for approaching legal problems concerning a selected topic.

5426 ADVOCACY AND ADJUDICATION: THE JUDICIAL PROCESS (two credits)
A study of how courts actually decide cases and how they ought to decide cases. Class discussions explain and illustrate differing conceptions of the nature of "law"; theoretical and pragmatic bases for decision making; the process of justifying a decision (the judicial opinion); various judicial functions--including fact finding, exercising discretion, and reviewing for error--and the doctrine of precedent and the problem of retroactivity or prospectivity. By providing a conceptual framework for understanding and analyzing the judicial process, the course seeks to improve advocacy skills. There will be discussion of judicial views on proper briefing and oral argument.

5206 AGENCY AND PARTNERSHIP (three credits)
A study of the principal-agent relationship and the legal consequences thereof. Areas covered include express authority; implied authority; apparent authority; authority by estoppel; ratification; undisclosed and partially disclosed principals; the fiduciary relationship; knowledge and notice; termination; and rights and liabilities among principal, agent, and third party. The partnership and limited partnership will be studied, including their formation, operation and dissolution; relationships of partners; and the liabilities and responsibilities of partners.

5256 AMERICAN LEGAL HISTORY 1600-1865 (two credits)
A survey of American legal history from colonial times to the end of the Civil War, emphasizing ongoing relationship between legal development and general social, economic, political and intellectual trends. Topics to be covered include early New England legal codes, the origins of American slavery, the place of women in colonial law, the Salem witchcraft trials, the rise of the American legal profession in the eighteenth century, the role of "republicanism" in the writing of the American Constitution, the impact of economic growth and industrialization on early nineteenth-century American legal doctrine, the development of the American prison system, the codification movement, and the methodology of American legal education prior to the Civil War.

5257 AMERICAN LEGAL HISTORY 1865-1990 (two credits)
A survey of American legal history from the Civil War to contemporary times, emphasizing the ongoing relationship between legal development and general social, economic, political, and intellectual trends. Topics to be covered include the rise of "classical" legal thought in the late nineteenth century, the birth of the case method of legal education at the Harvard Law School, the rise of the modern regulatory state and the development of American administrative law, the changing nature of late-nineteenth century legal practice and the professional reorientation from "courtroom" to "boardroom," the changing composition of the American bar in the early twentieth century, the impact of social change on American family law after World War I, and the rise of the Legal Realists in the 1920's and 1930's. The Supreme Court's reaction to the Roosevelt New Deal, the revival of natural law theory after World War II, the "rights revolution" of the 1950s and 1960s, and the recent debates among exponents of law and economics, critical legal studies, and feminist jurisprudence, will also be covered. (American Legal History 1600-1865 is not a prerequisite for this course.)

5353 ANTITRUST (three credits)
A survey of the federal antitrust laws including the Sherman and Clayton Acts, covering anticompetitive conduct such as price fixing, market allocations, tying arrangements, boycotts, mergers, and monopolies. Special attention given to issues of exemptions, enforcement, and recent developments in legislation and in the perspective of the Supreme Court.

5518 ARTIFICIAL INTELLIGENCE AND LEGAL REASONING SEMINAR (two credits)
An introduction to the fundamentals of artificial intelligence (AI), "the science of making machines do things that would require intelligence if done by man." Graduate students from other disciplines, as well as law students, will attend this seminar. Legal reasoning will be introduced to graduate students, and the class will jointly grapple with the work of researchers who have built AI programs for the legal domain. Law students will more fully appreciate the techniques and assumptions employed by attorneys, AI, and law researchers to deal with the uncertainties inherent in legal reasoning. No familiarity with computer programming is required.

5208 BANKING LAW (three credits)
An exploration of the statutory and regulatory law governing banks and, to a lesser extent, other financial institutions. Numerous banking law problems will be considered in the light of assigned materials designed to encourage students to integrate corporate, commercial, consumer, bankruptcy, antitrust, and administrative law with the banking statutes and regulations. No prior experience in the non-banking areas is required. Topics explored include: bank formation and geographic expansion; bank powers, such as defining the business of banking, lending limits, loans to insiders and affiliates, real estate, investment securities, interest rates, and capital adequacy; trust department activities; bank holding company activities, including securities and insurance; supervisory enforcement powers; troubled and failed banks; and international banking.

5272 BANKRUPTCY (three credits)
An introduction to federal bankruptcy law under the Bankruptcy Code of 1978. The course focuses on the core of substantive bankruptcy law--provisions of the Bankruptcy Code that apply in all varieties of bankruptcy proceedings. Topics covered include the state debtor-creditor law background, eligibility for federal bankruptcy relief, commencement of bankruptcy proceedings, allowing and estimating claims, defining property of the bankruptcy estate, the trustee's avoiding powers, set-off, the automatic stay, adequate protection and relief from the stay, executory contracts, and priorities. There are no prerequisites, although familiarity with the law of secured transactions (especially Article 9 of the Uniform Commercial Code) is desirable.

5306 BIOETHICS AND LAW (three credits)
An introduction to a variety of issues in biomedical ethics brought about primarily by the innovative techniques and technologies the biomedical sciences have developed, such as artificial procreation (e.g., in vitro fertilization, surrogacy, cloning), genetic screening and engineering, and life support systems (e.g., respirators, medications, artificial nutrition, and hydration). The primary focus of our inquiry will be whether these innovations should be regulated by law, and if so, how. Students who have competed this course will have preference in enrolling for the Right to Die and Genetics seminars in the years during which those seminars are offered.

5451 CHILD WELFARE CLINIC (four credits)
Designed to provide students with a basic understanding of the principles of child development and the need of children to have a permanent family home and to relate this basic understanding to current child welfare laws and policies. Teachers from social work, psychiatry, psychology, and pediatric medicine will participate in the course in order to provide students with the necessary interdisciplinary knowledge. Students will participate in a number of real and mock litigation experiences. The mock litigation exercises will consist of a shelter hearing before a juvenile court, a jury trial in a termination of parental rights case, a negotiation simulation, and a client interviewing and counseling simulation. There will also be numerous in-class exercises concerning the basic rules of evidence most often encountered in child abuse and neglect trials. The real litigation experiences will consist of representing parents and children who are the subjects of child abuse and neglect proceedings. Some travel within Allegheny County will be necessary. Students will work in teams of two in preparing real cases for actual court hearings, including all opening statements, direct examination questions, cross examination questions, and closing arguments. Student teams may also have the opportunity to work on a project concerning government policy in this area of the law, including the drafting and presenting of legislative proposals.

5555 CHILD WELFARE LAW SEMINAR (two credits)
An in-depth exploration of specific issues of child welfare law in light of recent public policy debates. Topics may include open adoption, kinship foster care, permanency planning for children, termination of parental rights, standards for state intervention in families, the development and funding of community-based family support services, and the use of alternative dispute resolution mechanisms in child welfare cases.

5506 CHURCH AND STATE SEMINAR (two credits)
An examination of the problems of, and the conflict between, the Free Exercise and the Establishment Clauses of the First Amendment from both a historical and modern perspective.

5286 CIVIL RIGHTS LITIGATION (two credits)
An examination of statutes and court decisions that authorize remedies for constitutional violations. The course will focus primarily on the most frequently invoked of these statutes, Section 1983 of the Civil Rights Acts. The course will also cover Sections 1981 and 1982 of the Civil Rights Acts, as well as the judicially created Bivens doctrine. The defenses and immunities available to individual defendants sued for civil rights violations, including immunities that protect members of the legislative, judicial, and executive branches will be discussed, as well as the sovereign immunity defense available to state governments, together with local government liability for constitutional violations. Prerequisite: Constitutional Law.

5333 CIVIL RIGHTS PRACTICE (two credits)
A study of Section 1983 Civil Rights litigation through a series of factual problems and short writing assignments. Topics to be covered include rights that are established and protected by Section 1983; action or inaction that subjects municipal entities to liability; immunity defenses; Eleventh Amendment and states' rights issues to determine when state entities may be proper defendants; standards for awarding attorneys' fees; "under color of law"; and Bivens actions, that is, actions directly against the federal government for violations of federal civil rights.

5980 CLINICAL PRACTICUM IN LAW AND MEDICAL ETHICS (three credits)
An opportunity for students to observe and reflect critically upon the way in which legal and ethical issues present themselves in the clinical setting. Students will "round" in specified clinical services with residents, interns, and attending physicians to help identify the social, economic, religious, and cultural factors that influence decisionmaking. They will become familiar with the professional and authority structure of the clinical setting, and the social/professional experience of the clinical setting, including its mores and demands on emotional and physical stamina. Students will participate in ethics consultations that occur during the period of the practicum and in twice-weekly seminars in medical sociology and major topics in medical ethics.

5278 COMMERCIAL PAPER (three credits)
An examination of payment systems with a primary focus on checks, but considerable emphasis on modern payment systems, including credit cards and electronic funds transfer. The course surveys the law of negotiable instruments, primarily as it applies to check collection and loss allocation (Articles 3 and 4 of the Uniform Commercial Code); the proposed revisions to Articles 3 and 4; regulations of the Federal Reserve Board pertaining to check collection; various federal laws dealing with credit cards and electronic funds transfers; and UCC Article 4A.

5304 COMMERCIAL TRANSACTIONS IN GOODS (three credits)
An exploration of statutes governing agreements to transfer an interest in goods. Topics covered include aspects of Article 2 of the Uniform Commercial Code (Sales) not covered in the first-year Contracts course; the United Nations Convention on Contracts for the International Sale of Goods; and Article 2A of the Uniform Commercial Code, governing leases of goods. The course also surveys the application of UCC Articles 2 and 2A to products liability issues and explores a federal consumer protection statute (the Magnuson-Moss Warranty Act) applicable to transactions in goods.

5296 COMMUNITY DEVELOPMENT LAW (three credits)
An exploration of the lawyer's role in community development and an examination of the legal, organizing, and policy aspects of assisting community organizations that are engaged in a variety of activities. These activities include housing development and finance, family support service development, and business acquisitions. Substantive legal matters primarily in corporation law, tax, and corporate finance, with attention to other legal and non-legal disciplines, will be addressed. This course is a prerequisite for the Economic Development Clinic.

5269 COMPARATIVE CONSTITUTIONAL LAW (two credits)
A study of various types of constitutional systems utilized by different countries, focusing on two broad questions: what do we learn about the basis of U.S. law and the role of law in general by studying the law of other countries, and to what extent do other nations' legal systems adequately deal with the economic, social, and political problems they face? Such topics as judicial review in different societies, the rights of the accused in the criminal law process, the notion of equality and freedom of speech in different societies, and alternative models of adjudicating disputes will be covered. The civil law countries of Continental Europe and various Third World countries in Africa, Latin America, and Asia, will also be dealt with.

5467 COMPARATIVE LAW: ASIAN LAWS (two credits)
An exploration of Asian laws, in particular, current Chinese laws. Beginning with an overview of the Chinese legal system, the class will then explore examples of Chinese foreign investment laws--including laws dealing with political risk, dispute resolution, and intellectual property. While the course will emphasize laws of interest to foreign investors, students will have an opportunity to explore other types of laws, such as human rights laws or criminal laws, and the laws of other Asian countries. The course also will discuss the relationship between Asian laws, international treaties, and American laws.

5202 COMPLEX CIVIL LITIGATION (two credits)
An examination of procedural issues raised in complex civil cases, including the nature of complex litigation and the adequacy of the traditional adversary system in handling it; joinder issues, including class actions; duplicative or related litigations; discovery in the "large" case; judicial control and management of complex litigation; and complicated problems of claim and issue preclusion.

5315 COMPUTERS AND LAW (three credits)
An introduction to computer technology and to the special problems it poses in a variety of legal areas, including protecting intellectual property rights in software, computer contracting, tort liability in connection with computer systems, antitrust and bankruptcy issues associated with technology licensing, computer crime, and the threat to privacy posed by large-scale databases. In addition to treating a selection of important recent cases involving computer technology, the course will focus on the systemic problems of adapting the substantive law in this volatile area of technological and economic change. The course will address some special challenges posed by advances in artificial intelligence (e.g., contract and tort liability associated with expert systems and protecting intellectual property interests in "intelligent" software).

5213 CONFLICT OF LAWS (three credits)
An examination of the various methodologies utilized by the state courts in determining what rule of decision to apply in cases where the parties, the conduct, and/or the transaction involved relate to more than one state along with the federal constitutional limitations that restrict the courts in their choice of a rule of decision in these cases. The recognition and enforcement of judgments in the federal system and the effects of the Full Faith and Credit Clause and its statutory implementation in this area will also be studied.

5101 CONSTITUTIONAL LAW (five credits)
A selective introduction to American constitutional law, particularly argument to and from judges. Topics covered include the work of the judges as interpreters of the Constitution; the relations among the three branches of the federal government; the relations of the states to the federal government; the uneven judicial elaboration since the Civil War of national principles of due process, liberty, and equality; right to freedom of speech; and an introduction to the constitutional litigation process.

5536 CONSTITUTIONAL LAW: CURRENT ISSUES SEMINAR (two credits)
An examination of a variety of current issues in constitutional law and the role of the Supreme Court in resolving them. Topics covered may include questions under the First Amendment, the due process and equal protection clauses, and the preemption doctrines, as well as some issues of criminal law and procedure. Some consideration will be given to decisionmaking processes within the Supreme Court and to the evolution of constitutional doctrines in the lower courts. Prerequisite: Constitutional Law.

5301 CONSTITUTIONAL LAW: FIRST AMENDMENT (three credits)
A detailed examination of First Amendment doctrines and their application in a wide variety of contexts. Topics will include: political speech; rights of government employees; obscenity; libel; commercial speech; regulation of the electoral process; limitations on the "time, place, and manner" of expression; symbolic speech; and rights of association. Some comparisons will be made between First Amendment doctrines and other areas of constitutional law. The course will also examine and analyze the role of lawyers in the development of First Amendment law. Prerequisite: Constitutional Law.

5238 CONSTITUTIONAL LAW: GENDER, POVERTY, AND RACE (three credits)
A study of how the constitutional issues related to gender, poverty, and race are tied together by the common thread of difference and discrimination. Important cases in which marginalized persons have turned to the Constitution and Court as a source of shelter and power will be discussed, in order to develop a clearer and deeper sense of the essential nature of our Constitution. Students should emerge with both a clearer sense of the continuing significance of these themes in our constitutional law and a clearer understanding of the basic nature of constitutional choice.

5456 CORPORATE COUNSEL CLINIC (three credits)
Designed to provide students with practical insights into the work performed by legal counsel for large (sales in excess of $200 million per year), publicly owned corporations. Two-student teams will serve as legal counsel for manufacturing firms managed by second-year MBA students at Carnegie Mellon University's Graduate School of Industrial Administration. These firms compete in a sophisticated computer-simulated marketplace. Student attorneys will provide legal advice to their corporate clients on a wide range of legal issues, including banking, securities, labor, antitrust, contracts, environment, employment, and health care and benefits issues. Student attorneys will have the opportunity to participate in bank loan negotiations, the preparation of required forms for filing with the Securities and Exchange Commission, labor contract negotiations, presentations to the firm's Board of Directors, the preparation of required forms for environmental regulatory agencies, and the drafting of firm policies on various employment practices. Practicing attorneys who currently serve as legal counsel to corporate clients will lead a number of class sessions and will assist students in serving their corporate clients. In addition, students will participate in a series of lawyering skills exercises that will stress various alternative dispute resolution techniques. Preference given to third-year students.

5214 CORPORATE FINANCE (two credits)
An examination of materials generally not dealt with in Corporations and Securities Regulation. Areas to be covered include: the valuation of enterprises and securities, including elements of valuation; capital structure and leverage; dividends and dividend policy; retained earnings; repurchase of outstanding shares; mergers and acquisitions; disclosure; and investment information and advice. Enrollment preference given to students who have successfully competed Corporations.

5413 CORPORATE REORGANIZATIONS (three credits)
A study of a detailed fact situation as a vehicle to examine corporate tax, securities, and other legal and financial issues that should be considered in structuring business acquisitions. The factual problem will involve various types of reorganizations, including corporate combination by merger, stock, or asset acquisition; leveraged buyouts; and other going-private transactions. It will consider both friendly and hostile transactions. General awareness and understanding of basic principles in the recommended subject areas will be presumed, which will allow for the exploration of more advanced and complex issues in the practical contexts in which they typically arise.

5552 CORPORATE RESPONSIBILITY AND FIDUCIARY OBLIGATIONS SEMINAR (two credits)
An in-depth study of certain select issues dealing with the relationships between the corporation or other institutions and its fiduciaries, shareholders, other possible constituencies (community, employees, creditors), and society at large. While not a prerequisite, Corporations is recommended prior to enrollment in this course.

5215 CORPORATE/SHAREHOLDER TAXATION (three credits)
A course focusing on Subchapter C of the Internal Revenue Code as it bears upon the corporate and shareholder levels. Topics of study include: prerequisites to tax-free incorporation of an enterprise, including the special problems that arise when a going concern incorporates; periodic distributions and constructive dividends; stock dividends; "Section 306 Stock"; recapitalizations; stock redemptions, including those from estates and through related corporations; partial liquidations; divisional (spin-off, split-off, and split-up) distributions; complete liquidations and liquidating a controlled subsidiary; acquisitive reorganizations; and brief coverage of legislative tax-avoidance safeguards relating to collapsible corporations, personal holding companies, and unreasonable corporate accumulations of earnings. Prerequisite: Federal Income Taxation.

5104 CORPORATIONS (four credits)
Basic corporate law coverage includes formation, control and management, directors' and shareholders' duties, financing, dividends and share transactions, amendments of articles of incorporation, dissolution, and derivative suits. Limited coverage of federal securities laws involved. The close corporation is examined in detail.

5571 CRIMINAL DEFENSE AND PROSECUTORIAL ETHICS SEMINAR (two credits)
Attempts to mesh the realities of criminal trial practice with the formal constraints of professional ethics, the Sixth Amendment, and the prohibitions of criminal obstruction of justice statutes. Topics may include problems relating to: prosecutorial subpoenas of defense counsel; law office searches; federal attorney's fee forfeiture and reporting statutes; confidentiality of client information; representation of guilty clients; obligations relating to physical evidence; proper and improper argument; the relationship between malpractice, ineffective assistance of counsel, and ethical obligations; simultaneous and successive conflicts of interest; representation of incompetent clients; ethical constraints on plea bargaining; contacts with judges, jurors, and witnesses; trial publicity; obligation to accept appointments; restrictions on withdrawal; and fee constraints in criminal cases. Prerequisite: Legal Profession.

5569 CRIMINAL LAW AND CRIMINAL PROCEDURE SEMINAR (two credits)
Students will engage in an intensive research and writing effort in an area of criminal law or criminal procedure. Each student, after consultation with the instructor, will choose his or her own research topic. Students will be required to make a presentation of their research at a seminar meeting. While one student is making the presentation, others will be expected to engage in discussion aimed at assisting the presenter in his or her research.

5402 CRIMINAL PROCEDURE II (three credits)
Designed to give students especially interested in the criminal area an opportunity to develop appellate advocacy skills while being exposed to relatively sophisticated concepts of criminal procedure. Each student will be required to write at least one brief and will have an opportunity to present an oral argument. Students will also have an opportunity to serve as mock appellate judges. Problems used in the course will relate to various topics, including search and seizure, pre-trial publicity, speedy trial, double jeopardy, and habeas corpus.

5553 CURRENT ISSUES IN CRIMINAL LAW AND PROCEDURE SEMINAR (two credits)
An exploration of current issues relating to jury trial, capital punishment, and confessions. Students will be permitted to write their seminar paper on a topic related either to one of these subjects or to another subject that is of current importance in criminal law or procedure.

5443 DISPUTE RESOLUTION (two credits)
An introduction to theories, policies, and laws on the dispute resolution process. Alternatives to the litigation model, including arbitration and mediation will be considered, as well as how the culture, backgrounds, and priorities of the participants shape the dispute resolution process and pose particular problems. The course takes an interdisciplinary approach, discussing both legal issues and social science research. Students who have taken, are currently taking, or anticipate taking the Health Law Drafting and Alternative Dispute Resolution Skills should not take this course.

5308 EDUCATIONAL POLICY AND THE LAW (three credits)
A study of important questions of law relating to educational policy facing our nation today. There will be extensive constitutional analysis of the appropriate balance to be drawn among the sometimes divergent needs of the state, the family, and the child. Issues to be addressed include the relationship between schooling and the state, the nature and scope of students' and teachers' substantive and procedural rights, and the many meanings of equal educational opportunity. Special emphasis will be given to the topics of desegregation, the treatment of students with disabilities, women and minorities, school finance, and religion and schooling. The course will not treat the law as an isolated entity but instead stress the interplay of law and policy, legal decisions, and educational practice.

5401 ELDER LAW CLINIC (seven credits)
A trial practice clinic designed to enhance students' counseling, pretrial negotiation, and litigation skills. Through various written exercises, students will learn to draft pleadings, motions, and other legal documents, including powers of attorney and living wills. Students participate in interview and negotiation simulations to prepare for actual client representation. The mock litigation exercises consist of a mock emergency guardianship hearing and a mock jury trial. In conjunction with these exercises, students will learn how to work with expert witnesses and will practice direct and cross examination of both lay and expert witnesses. Students will also learn how to apply the basic rules of evidence at trial by raising objections, laying the foundation for expert testimony, and proffering exhibits.

5347 ELDERLY AND THE LAW (three credits)
Reflects two perspectives: the individual aging client and the issues of an aging society. We will address the following questions: Do the elderly provide a distinct framework of legal issues? Should the law be age-neutral, or are there normative justifications for special rights for the elderly? Should the elderly have "rights" or merely be granted political benefits that may wax or wane? What should be the central values or goals of the law in regard to the elderly? How should we balance competing values such as autonomy and protection? What constitutes justice between generations? Topics to be covered include age discrimination, pensions, income maintenance, social insurance, health care decision making, health care finance, taxation, abuse, guardianship, and ethical considerations.

5514 ELDERLY AND THE LAW SEMINAR (two credits)
An examination of selected legal issues that confront older individuals. Subjects to be covered may include paying for health care (Medicaid and Medicare), paying for long-term care (nursing homes), providing income security (Social Security and employer-provided pensions), and protection from abuse and neglect. Enrollment preference given to students who have successfully completed Elderly and the Law.

5330 EMPLOYEE BENEFITS (three credits)
An exploration of the major statutory schemes that form the body of employee benefits law, such as workers' compensation, Social Security disability insurance, and the federal pension and benefits law (ERISA). Students will learn how to construe complex statutes, evaluate the practical successes of each statute in achieving the goals it identifies, and explore the legal problems engendered by dual sets of applicable law (federal and state) for some remedial schemes. No background in labor or employment law is expected.

5216 EMPLOYMENT DISCRIMINATION (three credits)
A study of Title VII of the Civil Rights Act of 1964. The class will focus on the major employment discrimination cases in the area of race, gender, national origin, and religion. Special attention will be given to the amendments to Title VII contained in the 1991 Civil Rights Act. The course will not cover the Age Discrimination Act or the Americans with Disabilities Act.

5290 EMPLOYMENT LAW (three credits)
An examination of the range of laws that affect non-unionized employees and an in-depth study of the recent erosion of the employment-at-will doctrine, which traditionally allowed an employer to discharge a worker for "good cause, bad cause, or no cause at all." Issues relating to employee compensation (e.g., equal pay and comparable worth) and to workers' health safety, will be studied. A significant portion of the course will be devoted to legal questions involving the workplace environment, including harassment and employee privacy. To the extent possible, there will be little overlap between this course and Employment Discrimination, the course that examines federal anti-discrimination statutes prohibiting discrimination based on race, color, national origin, sex, religion, age, or disability. Students with an interest in the labor and employment field are encouraged to take either or both offerings.

5528 ENGLISH LEGAL HISTORY SEMINAR (two credits)
An exploration of the history of English common law from its 12th-century beginnings in the reigns of Henry II and Richard the Lion-Hearted to its intellectual culmination in the writings of late 19th-century Oxford academics. The focus of the course will be strongly interdisciplinary; course materials and topics will encourage students to think about English legal history in political, religious, social, economic, psychological, and scientific--as well as strictly legal--terms. Some tentative topics are: The Problem of Proof: Ordeals, Oath-Helpers, and the Jury in the Early Middle Ages; Men Rea and the Medieval Discovery of the Self; The Origins of the Legal Profession; The Place of Women in Medieval English Law; Law and Religion in the Reformation; the English Law of Witchcraft; Law in Shakespeare's Plays; Print Culture and Intellectual Revolution in 17th Century Legal Thought; Crime and Class in the 18th Century; Lord Mansfield and the Law of Commerce; the Law of Nuisance in the Industrial Revolution; Oxford Law School; and the Making of the Textbook Tradition.

5252 ENTERPRISE LIABILITY AND ALTERNATIVE COMPENSATION SYSTEMS (three credits)
An examination of the developing principles of products liability law with some comparisons to product safety regulation in a framework built upon the doctrines as developed by the courts. In addition to the substantive theories of recovery (negligence, misrepresentation, warranty, and strict liability), the course will explore the procedural, evidentiary, and remedial issues presented by products liability cases. The course will then take up alternative compensation systems (such as no-fault automobile insurance) that are creatures of the legislative process in contradistinction to products liability law that has been developed largely by courts as part of the common law. Since these alternative compensation systems rely relatively heavily upon insurance schemes, insurance law and the insurance industry will be considered. This line of analysis will culminate in consideration of the feasibility of scrapping our current tort system in favor of an alternative compensation system that provides universal compensation for accident losses along the lines of the New Zealand system.

5332 ENVIRONMENTAL ECONOMICS AND LAW (three credits)
An exploration of the relationship of economics to legal regulation of industrial and other activities that impact on the quality of the environment. Issues to be covered include the impact of well-defined property rights on environmental protection, the "classic" property rights failures in the environmental area, and the definition of "economic efficiency" in contrast to "equity" and its relationship to resource allocation. Various mechanisms proposed to correct property rights failures and inefficiencies, including tradeable "rights" to pollute and government ownership, restricted use, and priced access to resources will also be examined. Also covered will be economic concepts, measurements, and techniques employed in environmental statutes and government oversight of regulation generally, such as cost/benefit analysis (including valuation of human life and discounting of future costs and benefits of regulation), ecosystem and natural resource damage assessment, and environmental "adders" proposed for use in public utility regulation. Some of the important issues raised by concerns for "environmental equity," to which economics can suggest some useful approaches, will also be discussed. Some background in environmental studies is preferred though not required.

5340 ENVIRONMENTAL LAW I: GOVERNMENT REGULATION OF THE PRIVATE SECTOR (three credits)
An overview of governmental regulation of private activity under the common law; the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act; and the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund). Often students will focus attention on the materials in the context of specific problems that raise issues of not only environmental policy but of interpretation of statutes and administrative regulations, negotiation strategies, and professional responsibility (among other matters). Environmental Law I will be the only basic environmental law course offered during the 1995-96 academic year.

5341 ENVIRONMENTAL LAW II: LAWYERING IN THE CONTEXT OF A COMPLEX REGULATORY REGIME--THE CLEAN AIR ACT (three credits)
An in-depth study of the Clean Air Act to give students a sense of the "whole" statute and how the various parts work together. And to allow the prospective environmental attorney to feel completely at home in working with statutory materials, regulations, agency policy statements, cases, scientific and economic materials, and other sources frequently used in the area. This class will concentrate to a large degree on the portions of the Act that deal with the attainment and maintenance of the so-called national ambient air quality standards, the prevention of significant deterioration of air quality, new source siting and permitting, and hazardous air pollutants. Environmental Law I and Administrative Law are not prerequisites to this course, though knowledge of those subjects will be helpful.

5259 ESTATE AND GIFT TAX STRATEGIES (three credits)
A study of the Federal transfer taxes imposed on gift and estate conveyances by the unified system in Chapters 11 and 12 of the Internal Revenue Code, with due regard for the valuation provisions of Chapter 14. Consideration is also given to the tax on generation-skipping transfers under Chapter 13. Related matters include the ¤ 1(I) "kiddie tax" and Subchapter J rules concerning income taxation of estates and trusts. Specific attention is paid to planning lessons that can be derived from a study of the relevant Code sections as interpreted in regulations, revenue rulings, and judicial opinions. Major topics include: gift taxation, including the definition of "consideration," the annual exclusion, and gifts to minors (under Uniform Act or in trust); and the "gross estate" concept, including interests in property owned by the decedent, incomplete transfers, in which the decedent retained or held at death an interest in or power over either the property transferred or income produced by that property, interests in joint property, policies of life insurance, survivorship annuities and other benefits arising out of the decedent's former employment, and powers of appointment. Deductions of expenses, debts, taxes, charitable bequests, and particularly the marital deduction, are also studied.

5403 ESTATE PLANNING (three credits)
A planning and drafting course that deals with the effect of federal income and transfer taxes upon the disposition of wealth during life and at death. Through planning problems and drafting exercises, the class will develop skills in the use of wills, trusts, life insurance policies, instruments making charitable dispositions, and other instruments that control the transfer of wealth. Drafting exercises will involve a set of model documents. Post-mortem planning techniques and limited aspects of estate administration will also be covered. Prerequisites: Estates and Trusts, Federal Income Taxation, and Estate and Gift Taxation Strategies.

5102 ESTATES AND TRUSTS (four credits)
A survey of the substantive law of wills and intestacy with some emphasis on Pennsylvania law; trusts, including constructive, resulting, charitable, and spendthrift trusts; revocation and termination of trusts; pourovers; future interests, including the classification and operation of future interests, powers of appointment, class gifts, express and implied conditions of survivorship, perpetuities, and unlawful accumulations. An introductory discussion of federal estate and gift taxation and state inheritance taxation may be included.

5103 EVIDENCE (three credits)
Introduction to law of evidence. Topics covered include: real proof, testimonial proof, the hearsay rule, circumstantial evidence, presumptions, and privileges. The Federal Rules of Evidence will be discussed extensively. Practical problems will be presented and solved in class as a means of giving the student an understanding of the manner in which evidentiary theory affects the course of trial.

5967 EXTERNSHIP (two credits)
An introduction to the working skills of an attorney or judicial clerk. Students are assigned to public legal agencies with a high volume of legal work or as clerks for federal, state, and county judges. The type of work required of interns varies according to the assignment, but responsibilities may include legal research, drafting memoranda and legal documents, investigating cases, interviewing clients and witnesses, and negotiating on behalf of clients. Third-year students, if certified, may appear on behalf of clients in court. Students may take a total of six credits of externship work (including summer externships) during the second and third years.

5219 FAMILY LAW (three credits)
A study of the relationship of the law to the family. Topics include: the legal definition of marriage, of family; the rights, powers, duties, and obligations among family members; the extent and means of state involvement in the family's conduct of its own affairs; dissolution of the family and the continuing obligations among family members thereafter; problems of jurisdiction and choice of law.

5526 FAMILY LAW SEMINAR (two credits)
An in-depth study of certain select issues in the field of family. Topics may include the general interplay between the law and family life, that is, the extent to which the law reflects and/or shapes personal behavior; the use of alternative dispute resolution mechanisms to resolve family law conflicts; constitutional law issues that affect the family; the response of the law to the increasing number of non-traditional families; the substantive laws governing marriage and divorce; the drafting and enforcement of antenuptial and marital contracts; and the legal issues that affect children in the family. Prerequisite: Family Law.

5105 FEDERAL INCOME TAXATION (four credits)
An examination of selected sections of the Internal Revenue Code in an attempt to unravel the means and methods by which such revenue raising is accomplished. The course will emphasize statutory analysis in the context of judicial interpretation, including, in particular, what items constitute gross income; who is the taxpayer; what are proper deductions; when is the income realized; and whether the nature of the income is "ordinary" or "capital." In addition, the course will examine tax accounting; tax treatment of the family; capital gains and losses; recapture problems; basis and depreciation; and income splitting through gifts, assignments, trusts, partnerships, and corporations. All of the above will be examined in light of the interaction of the Congress, the courts, and executive agencies who make, interpret, and administer the Internal Revenue Code.

5222 FEDERAL JURISDICTION (three credits)
An examination of the legal doctrines and institutional arrangements that govern the jurisdiction and powers of the federal courts. A dominant theme is the relationship among jurisdictional rules, choice of law, and the underlying substantive premises of constitutional and statutory law. Representative topics include: Congressional power to curtail jurisdiction, the law applied in civil actions in the district courts, the lawmaking powers of the federal courts, elements of diversity and federal question jurisdiction, limitations on federal court review of state official action, and the prerequisites for Supreme Court review of state court judgments. Attention will be given to litigation strategy as well as to critical analysis of the doctrines and statutes. Prerequisite: Constitutional Law or permission of the instructor.

5374 FEMINIST LEGAL THEORY (three credits)
A survey of the various legal theories proposed by feminists. The assigned reading will primarily consist of a reader in feminist legal theory, as well as a casebook supplement. Some key cases in the area of women's rights, such as Roe v. Wade, will be examined along with the theoretical readings.

5543 FINANCIAL INSTITUTIONS SEMINAR: SELECTED PROBLEMS (two credits)
An exploration of selected current and historical policy questions affecting the operation or regulation of financial institutions primarily through the presentation of student papers. Students will be required to write and present a paper analyzing a mutually agreed topic. Topics may consider banks or other financial institutions (savings and loan associations, credit unions, insurance companies, investment banks, broker-dealers, mutual funds, investment advisors, etc.) and may include traditional banking activities; bank holding companies; bank affiliations with insurance, securities, and other activities; bank antitrust; supervisory enforcement powers; failing and failed banks; and international banking.

5568 FOREIGN AFFAIRS SEMINAR (two credits)
A study of the role of international law and constitutional law in the conduct of U.S. foreign affairs. Topics to be discussed include constitutional war powers, treaty powers, the role of courts in foreign policy disputes, the role of the World Court, international law on the use of force, human rights, refugees, the role of law in combating terrorism and drugs, and developing international law to address the new world situation now that the Cold War is ending.

5469 FRENCH FOR LAWYERS I (two credits)
Designed to develop the conversational, writing, and reading skills in French to permit an American lawyer to communicate effectively with French-speaking clients and to understand references to the French legal system and to the European Union likely to arise in the course of an international law practice in the United States or an American law practice conducted in France. The course will differ from that of a typical college French class in that it will be oriented towards the law in the areas of vocabulary, composition topics, readings, dictations, and in-class conversation.

5416 GERMAN FOR LAWYERS I (two credits)
A German language course in a legal context. Vocabulary, class conversation, and readings will be law related. No prior knowledge of German is required.

5473 GERMAN FOR LAWYERS II (two credits)
A continuation of German for Lawyers I.

5449 HAZARDOUS WASTE (two credits)
A critical review of the federal law regulating hazardous wastes and substances under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The prospective regulatory and permitting process of RCRA as well as the retrospective cleanup program of CERCLA and RCRA will be addressed.

5273 HEALTH LAW (two credits)
An examination of the organization of the health care system, with special attention to changing patterns of delivery of health care services. Topics covered include the legal nature of the doctor-patient relationship, state regulation of the license to practice the healing arts, the legal structure of hospitals, the legal relationship between physicians and hospitals (including hospital staff privileges), the role of the hospital in providing health care, alternative methods of delivering health care (HMOs and PPOs), health planning (certificates of need and health systems agencies), government financing of health care, public and private reimbursement of health care (including DRGs), regulatory schemes aimed at insuring the quality of care, the rise of proprietary health care, and the role of law (especially antitrust law) in fostering competition in the provision of health care.

5448 HEALTH LAW CLINIC (seven credits)
A stimulating and timely examination of the American health care system through a series of lectures and discussions focusing on substantive law, policy, philosophical issues, and medical ethics. Other law professors present lectures in their areas of expertise, along with multidisciplinary faculty members from the schools of medicine, psychology, and social work. Supervising attorneys guide students step by step through the preparation of actual cases involving the denial of health benefits--representing live clients before administrative tribunals and in federal court. Part of this preparation involves videotaped exercises on client interviewing, negotiation, and mock trials. Students assist in networking efforts with other legal advocacy groups and in targeting those cases that have the greatest adverse impact on persons in need of health care services.

5444 HEALTH LAW: DRAFTING AND ADR SKILLS (two credits)
Course allows students to develop a broad range of alternate dispute resolution skills and to refine drafting skills. Students are able to take this course as a follow up to the Interviewing and Counseling Clinic course or as their initial encounter with the Health Law Clinic experience. Students in this course work on both live client cases (in coordination with the Health Law Clinic) and also participate in simulations involving a broad range of ADR methods used in health care disputes. They are assigned to cases in which a form of ADR (e.g., negotiation, arbitration, mediation, mini-trial) will be used to resolve the legal dispute.

5442 HEALTH LAW: INTERVIEWING AND COUNSELING (two credits)
A course in how to interview and counsel clients. This course is affiliated with the Health Law Clinic; live client experiences are coordinated with that program by the clinic's supervising attorneys. Students also participate in a series of simulations involving interviewing and counseling.

5446 HEALTH LAW: LAW REFORM (four credits)
This year-long clinic course focuses on law reform. Lawyering activities will be directed at identifying, studying, drafting, and presenting to administrative and legislative bodies, proposals for systemic reform in health law-related areas. Students will study these areas in the context of our national delivery of health care. They will discern the need for change; communicate with professionals and advocacy groups on local, state, and national levels; and incorporate their findings into their own law reform efforts.

5450 HOSPITAL LEGAL ISSUES (two credits)
A study of organizational relationships within and among hospitals and other health care entities and of those entities with physicians and other providers. Considerable attention is given to hospital corporate law issues, including review of a set of corporate bylaws; medical staff appointment, reappointment, clinical privileges, and disciplinary issues, including comprehensive analysis of a set of medical staff bylaws; health services contracting, including review of contracts dealing with physician-hospital relationships and managed care arrangements; and basic principles of antitrust law affecting hospitals. The substantive course objective is to provide an in-depth understanding of the complexity of the relationships mentioned above, with emphasis on the relevant legal rules and their effects on the content of the documents that govern the relationships.

5357 IMMIGRATION LAW (two credits)
An examination of the constitutional, statutory, and regulatory system for the admission, exclusion, expulsion, and naturalization of aliens. While not a prerequisite, completion of Administrative Law is an advantage in the course's procedural aspects. Taught from the practitioner's perspective, the course will address the particular challenges in the effective representation of non-citizen clients. Employment-related visas will be analyzed in greater depth than family immigration categories.

5502 INJURY LAW SEMINAR (two credits)
An examination of the historical, moral, and economic values that inform liability rules in tort law. The ideological roots of tort law will be explored through a representative sampling of the major scholarly writing over the past century on the development and rationale of the U.S. tort system. It will focus first upon the justification for fault liability, then upon efforts to move away from fault toward non-fault systems from the standpoint of both economic efficiency and corrective justice or reciprocity, and finally upon efforts to move beyond our current tort system altogether through social insurance plans providing universal compensation for accident losses. There will also be an examination of how different ideals, beliefs, and attitudes figure into the formulation and development of specific tort rules.

5324 INSURANCE (two credits)
A study of the nature and function of insurance, insurance contract formation and meaning, and insurance regulation. Some specific attention will be paid to particular types of insurance, including fire and first-party insurance, life insurance, liability insurance, and automobile insurance. Additional issues to be considered include coordinating multiple coverages and the secondary market. Some special emphasis will be placed upon toxic tort and environmental coverage cases.

5260 INTELLECTUAL PROPERTY (three credits)
An exploration of the various types of legal protection available for commercially valuable ideas. Some are protected by trademark law; others by patent or copyright law; and still others by common law trade secret, misappropriation, or right of publicity law. Some commercially valuable ideas are not protectible by law. The question of why the scope of protection and remedies for misappropriation vary from form to form will be considered, as well as why the law, which normally abhors monopolies, is willing to allow certain types of monopolies for commercially valuable ideas and regards these temporary monopolies as consistent with free enterprise pro-competition policies.

5565 INTELLECTUAL PROPERTY SEMINAR (two credits)
A seminar to consider the developing law relating to protection of computer software and genetically engineered life forms, as well as the Semiconductor Chip Protection Act and the Plant Variety Protection Act as stages in the evolution of intellectual property law. Prerequisite: Intellectual Property.

5225 INTERNATIONAL BUSINESS TRANSACTIONS (three credits)
An analysis of basic international business transactions and the effects of U.S. law, specific foreign law, and treaties on the conduct of the parties involved. The course covers issues of commercial law, dispute resolution, tax considerations, and antitrust law. Prior or concurrent enrollment in Federal Income Taxation is recommended. Although a basic understanding of each of the other areas of the law in the domestic context is helpful, there are no other course prerequisites. Students are expected to develop an understanding of the U.S. laws applicable to private international transactions and an awareness of the risks inherent in doing business in or with other countries and their nationals.

5226 INTERNATIONAL LAW (three credits)
A study of the law governing relationships between different nations, including the activities of various international organizations. One focus will be on the core subjects of international law, including the sources of international norms, the interpretation of treaties, the role of United States courts in deciding issues involving foreign states, the law regulating international use of force, and international human rights. The course will also cover several specific problems such as the use of force between nations, nationalization of U.S. industry by foreign governments, human rights, and terrorism in order to gain an appreciation of how the international legal process works in practice.

5525 INTERNATIONAL TRADE SEMINAR (two credits)
A study of the ability of governments to encourage and restrict international trade by their nationals, with primary emphasis upon international agreements restricting the extent to which certain trade barriers may be imposed (primarily the General Agreement on Tariffs and Trade [GATT]). United States international economic policy will be considered with emphasis on its interrelationship with the GATT. The course will cover both the ability of governments to control international trade and the framework within which private commercial organizations must carry on international trade. A principle focus will be on the process of dispute resolution in international trade and the rights of private parties to participate in that process.

5558 JURISDICTION, JUDGMENTS, AND THE FAMILY SEMINAR (two credits)
An exploration of the intersections between family law, jurisdiction, and judgments. In a number of different settings, the courts have created special exceptions from standard jurisdictional rules for family law cases. For example, although personal jurisdiction is typically gauged by the minimum contacts test, that test does not apply in divorce cases. Likewise, although federal jurisdiction typically exists in suits between citizens of different states that satisfy the amount requirement, diversity jurisdiction is unavailable in "domestic relations" cases between citizens of different states. The courts have also created a variety of exceptions from standard rules regarding the interstate preclusive effect of judgments for judgments rendered in family law cases. The seminar will explore a number of these family law exceptions and attempt to understand why family law cases are treated differently and whether the exceptions should be retained.

5434 JURISPRUDENCE (three credits)
This course on the study of legal reasoning will cover different jurisprudential approaches to law. For example, the recent debates over the Supreme Court nominations of Judge Bork and Justice Thomas were to a significant degree jurisprudential disputes about the proper nature of judicial reasoning. The implications of the various jurisprudential approaches on how we assess the character of law (including the rule of law) will be explored, and there will be an evaluation of the impact of these approaches on how judges decide actual cases. The course begins with a brief examination of the foundations of Western legal thought in Plato and Aristotle and then turns to the two dominant legal traditions of natural law and positivism. Subsequently, the course focuses on the major newer schools of jurisprudence, which include law and economics, law and literature, legal pragmatism, critical legal studies, feminist jurisprudence, originalism, critical race theory, textualism, liberalism, and civic republicanism. No background in philosophy or jurisprudence is presupposed.

5532 JURISPRUDENCE SEMINAR: SELECTED TOPICS (two credits)
An exploration of selected topics in current jurisprudence on a rotating basis. The seminar may consider how legal authority and norms are established. Should authority be granted to the author of a legal text (e.g., the Constitutional framers), to the concepts embodied in the text (e.g., equality), to the interpreters of the text (e.g., the judiciary), or to some combination of these factors? After initial examination of some of the traditional ways this problem has been addressed, the class will investigate proposals advanced by two of the most important contemporary jurisprudential schools: feminist theory and republicanism. Prior enrollment in the Jurisprudence course is helpful but not mandatory.

5233 JUVENILE LAW (two credits)
An examination of the efforts that have been pursued in an attempt to find an institutional means of dealing with the antisocial behavior of children. The official methods of the juvenile court in dealing with criminal and non-criminal conduct of children is considered, with particular emphasis on the constitutional limitations of the state's power. The course will also consider the extent that state involvement in the family is justifiable when based upon abuse, neglect, or dependency.

5483 LABOR ARBITRATION (two credits)
A study of federal substantive law concerning labor arbitration, the enforceability of the duty to arbitrate labor disputes, the role of labor arbitration in the United States, and the substantive law of arbitration as it relates to specific areas commonly encountered by employers and unions in administering collective bargaining agreements, e.g., management rights, subcontracting, seniority, employee benefits, discharge and discipline, procedure, evidence, and burden of proof. This course would be of value to both the serious student of labor law who is interested in a career in labor and employment relations, as well as the practitioner who will occasionally be called upon to handle such matters, particularly in-house corporate counsel. Course prerequisite: Labor Law I.

5230 LABOR LAW II (two credits)
An advanced course for the student interested in pursuing a course of study beyond the basic private sector labor law course. This course will involve an in-depth analysis of both law and policy with respect to the collective bargaining process and remedies for bargaining violations, obligations and rights of parties and employees during work stoppages, hot cargo agreements and other union-restrictive agreements and their legality under federal labor and antitrust law, union security, the enforcement of collective bargaining agreements, including review of arbitration awards, and the union's duty of fair representation, the relationship of the union to its members, and federal preemption of state action. Prerequisite: Labor Law I.

5292 LAND TRANSFER AND FINANCE (three credits)
An examination of current real estate ownership and transfer mechanisms and strategies. Particular emphasis will be placed upon financing the acquisition and development of land, including traditional common law instruments--fee and leasehold mortgages and installment contracts--new governmentally sponsored financing vehicles, governmental intervention in mortgage foreclosure, and priorities among creditors during the acquisition, construction, and operational stages. It will examine various ownership regimes, including condominiums and co-operatives.

5338 LAND USE PLANNING (two credits)
An introduction to the basic concepts of zoning and subdivision law. The assigned text will be selectively used to discuss leading cases and to introduce each new topic as it is presented to the class. In addition, there will be frequent handouts so that the student becomes acquainted with the Pennsylvania approach to various topics. The outline may require adjustment depending on the number of students enrolled. The course begins with a discussion of land use controls prior to public regulation, e.g., use of covenants running with the land and use of the nuisance doctrine as a means of land use control. The constitutional and statutory bases for traditional public zoning controls are considered. Conventional zoning techniques are then presented followed by more modern approaches such as planned developments, floating zones, and compulsory termination of the non-conforming use. Growth management and its legal implications will also be viewed in some depth because of the importance of this subject in current land use programs.

5232 LAW AND DEVELOPMENT IN LATIN AMERICA (two credits)
An introduction to the legal systems and legal tradition of Latin America through an examination of selected contemporary legal problems related to political, economic, and social development. The course begins with a review of the historical sources of the Civil Law and its reception in Latin America. Particular attention is paid to judicial protection of human rights, problems of extraconstitutional changes of government, legal aspects of rural and urban land reform, and juridical responses to chronic inflation. The approach throughout the course is intended to suggest comparisons between the civil law and the common law, between traditional legal concepts and emerging concepts designed to facilitate development, and between and among the legal systems of the major Latin American countries.

5310 LAW AND ECONOMICS (three credits)
An examination of the extent to which economic principles and reasoning may be applied to the study of legal issues. Several areas of law will be discussed, including property, torts, contracts, criminal law, criminal and civil procedure, and constitutional law. No prior knowledge of economics is required; indeed, it will be assumed that students have had no previous course work in economics.

5311 LAW AND ETHICS OF LAWYERING (three credits)
An examination of the illusion that is the usual vantage point of the law student and the lawyer: one outside the system of law. Lawyers and law students live within a world of law that demands our attention and response--a world of law that shapes our identities and relationships, threatens our disobedience with sanctions, and expresses some sense of the collective morality through which we can test our personal morality and commitment. This course examines the content of the law that governs the conduct of lawyers, including, for example, agency law, criminal law (what constitutes aiding and abetting a client's fraud?), tort law (duties to clients and to third parties), civil procedure (the demands of Rule 11), and the codes of professional responsibility. It examines the world that law creates and in which it operates: the criminal justice system, a corporate boardroom, law firms, and the law school. This course satisfies the legal profession requirement.

5234 LAW AND PSYCHIATRY (two credits)
An overview of the field of psychiatry with an emphasis on the stages of human development. How psychiatry serves the ends of law, e.g., mental health law, criminal law, etc., is emphasized. Problems relating to drug addiction, alcoholism, juvenile delinquency, violence, and related topics are also reviewed.

5358 LAW AND THE PRESIDENCY (three credits)
A survey of the role of law in shaping the exercise of presidential power. Special emphasis will be given to separation of powers principles as they affect the institutional relationship between Congress and the President. Specific topics include the President's roles as chief administrator, executor of the laws, foreign and national security policy maker, and commander-in-chief. Although there is no formal prerequisite, Administrative Law would provide students a helpful background.

5550 LAW, BIOLOGY, AND HUMAN BEHAVIOR SEMINAR (two credits)
An examination of modern theories of evolutionary biology that attempt to explain human behavior. The evolutionary doctrines of inclusive fitness and genetic replication have profound implications for assessing our behavior and culture and, thus, the goals, purposes, and limits of the law. Topics to be covered include evolutionary biology, inclusive fitness, neuroscience and evolutionary theory, human behavior and crime, reproductive strategies in cultural context, and biology and economics theory.

5337 THE LAW OF DISABILITY DISCRIMINATION (three credits)
A study of the legal protections for individuals with disabilities who face discrimination in the areas of public and private employment, programs and activities offered by public entities, and access to public accommodations. The main focus of the course will be the Americans with Disabilities Act, although there will be reference to Section 504 of the Rehabilitation Act and the Fair Housing Act Amendments.

5285 LAW OF PUBLIC EMPLOYMENT (three credits)
An examination of the substantive law governing public employment relations and the reasons for its distinctiveness. The body of law governing public employment may be divided into three basic groups: issues addressed by a range of specific statutes (e.g., civil service law, whistleblower protection); laws governing unionized public employees (e.g., significant limitations placed on the right to strike); and application of constitutional law to public sector employment (e.g., free speech, privacy rights against drug testing, property rights in the job). This course also provides the opportunity to examine in a concrete arena the applicability of constitutional law, substantive and procedural administrative law, and questions in statutory interpretation.

5419 LAW OFFICE MANAGEMENT (two credits)
A practical orientation to setting up and operating a law office. Topics covered include: formation of law firm, design of office layout, purchase of furniture and equipment, selection of library, interviews of personnel, development of billing procedures, interviewing of clients, and other related topics.

5424 LAWYERING PROCESS I: INTERVIEWING AND COUNSELING (two credits)
A clinically structured course designed to provide students with theoretical understanding of and significant practical experience in the fundamental skills of client interviewing and counseling. Various approaches to the process will be examined in lectures, discussion, and readings from selected texts and materials. Instructional videotaped segments showing lawyers interviewing and counseling clients at various stages of the process will permit the students to observe the performance of such skills (sometimes exemplary, sometimes problematic) by the professional. Students will participate in weekly in-class simulations (student as lawyer/client/critiquer) and videotaped simulations. Students will prepare selected short written critiques of such simulations and a more detailed "memorandum to partner" providing assessment and recommendation for future action on the basis of a videotaped counseling session they will have conducted.

5428 LAWYERING PROCESS II: NEGOTIATION (two credits)
A clinically structured course designed to provide students with theoretical understanding of and significant practical experience in the fundamental skills of legal negotiation. Several distinctive negotiation approaches/models are examined and important issues impacting all negotiations are explored in detail through lectures, discussions, and readings from texts and materials. Instructional videotaped programs showing lawyers engaged in negotiation will highlight the different approaches and demonstrate the widely divergent degrees of effectiveness reflected by professionals. In terms of student skills practice, three types of exercise will be utilized: in-class negotiation, out-of-class negotiation, and videotaped negotiation.

5429 LAWYERING PROCESS III: CLINIC (two credits)
A clinical course that provides skills training and the opportunity to engage in a wide variety of lawyering activities (interviewing, counseling, negotiation, drafting of documents and pleadings, representation of clients before court and administrative agencies) in a controlled, supervised, instructional field-based program setting. Following initial orientation at the office, students will observe and thereafter participate in direct delivery of legal services to program clients. Cases assigned will primarily involve family law issues (divorce, protection from abuse, custody, dependency, etc.). Students will be closely supervised by an experienced staff attorney under the direction of the course instructor. Selected student work may be videotaped for later review and critique by supervisor and instructor. Clinical time at the field-based office will be supplemented with a weekly case review session at the law school. Scheduling of clinical hours will be adjusted to accommodate the student's schedule. Transportation costs for travel to/from the office will be reimbursed. Students are strongly encouraged to enroll in Lawyering Process I or II, either prior to or with the instructor concurrent with their enrollment in the clinic.

5415 LAWYERING SKILLS: TRANSACTIONS (two credits)
A course in which students perform particular lawyering exercises in the context of various transactions. The exercises may include, for example: writing a memo advising a client on various strategies to resolve a contract dispute; reviewing and summarizing a lengthy and complex draft asset purchase agreement; drafting a letter of intent for the acquisition of a business; or creating a legal structure that solves a difficult problem that arises in the midst of a transaction. The class experience will simulate the conditions of excellent lawyering. Most of the teacher/student contact will be in the form of individual conferences. The students will be held to the standards one would expect in any excellent law firm. Each student who commits to this course should emerge with a clear sense of the essential connection between the fundamental skills of reading, writing, and thinking and the nitty-gritty tasks of lawyering, and a stronger set of those fundamental skills.

5248 LEGAL PROFESSION (two credits)
An examination of the context of lawyering and the responsibilities of lawyers. By delving into the history and sociology of the legal profession, the import of the legal education process, the nature of our occupational tasks and pressures, the concomitant obligations of lawyers (and the risks inherent in failing to meet those obligations), and applicable ethics codes, students should develop a clearer sense of what it is they are about to do, what they can, should or must do for their clients, what they cannot and should not do for their clients, and what they want to demand of themselves as professionals.

5237 LEGISLATION (three credits)
A study of the historical emergence of legislation as the chief instrument of change in the law, comparison of judicial and legislative methods, legislative organization (including constitutional issues relating thereto), legislative procedure, the interaction of the legislature and the executive, general constitutional limitations on the subject matter of legislation (e.g., local and special vs. general laws), and restrictions on lobbying. The principle focus of attention, however, will be the process of statutory interpretation, which today is a hotly disputed topic. Both the Supreme Court and academic commentators have contributed to an increasing diversity of views, the main components of which will be examined.

5561 LITERATURE AND LAW SEMINAR
An investigation of the degree to which the law represents and interprets fundamental societal values and norms as expressed in selected literary works. We shall read an eclectic sample of American 19th- and 20th-century novels and short stories in a search for the expression of fundamental cultural values, norms, and prohibitions to determine how they find expression or rejection in the law. Particular attention will be paid to whether the principles of property, contract, tort, and criminal law promote or contradict the values found in the literary sources. By so doing, students gain a richer understanding of how law is the embodiment of fundamental human needs and desires. Readings may include: Ernest Hemingway, The Doctor and the Doctor's Wife; Herman Melville, Billy Budd; Thomas Bell, Out of this Furnace; Theodore Dreiser, Sister Carrie; Ann Beattie, Love Always; Jane Smiley, A Thousand Acres; Russell Banks, The Sweet Hereafter; Owen Wister, The Virginian; Richard Wright, Native Son; and William Maxwell, So Long, See You Tomorrow.

5344 LOCAL GOVERNMENT LAW (two credits)
A study of the function of local government as it relates to the citizens, to other municipal entities, and to higher forms of government. It will provide the student with an understanding of the source of local government power and therefore its limitations. It will also examine the requirements for the successful exercise of the power (the distribution of power within the local government).

5345 MINING LAW: PRIVATE DEVELOPMENT OF PRIVATELY OWNED MINERALS AND OTHER NATURAL RESOURCES (two credits)
An examination of the property, regulatory, and business aspects of mineral development on private land. Ways in which legal relationships and the limitations that common and statutory law impose on individual freedom to order those relationships will also be covered. While the course focuses on hard minerals, particularly coal mining, the same principles govern the development of oil and gas, timber, water, and other natural resources. In all cases, the essential questions are the same: What does one own when one "owns" an interest in minerals? How can one accommodate the demands of both the owners of the surface and of the minerals to use the same space?

5580 NEW REPRODUCTIVE PRACTICES SEMINAR (two credits)
This seminar will consider the potential implications of the "new biology" for the parties directly affected--e.g., the individuals who wish to avail themselves of such new possibilities, the children born of these practices, and the professionals involved in providing the services (physicians, attorneys, psychologists, etc.). Advances in reproductive and genetic science to be considered include in vitro fertilization, the freezing of gametes and embryos, sex selection, surrogate motherhood, artificial insemination, genetic screening, and genetic manipulation. The seminar will also examine changing social attitudes towards reproduction and the implications of these changes for societal values; for the concepts of family, parenthood, procreation, and sexuality; for society's genetic future; and for the role of courts and legislatures in shaping law and policy.

5355 NON-PROFIT TAX EXEMPT ORGANIZATIONS (two credits)
A survey of the state and federal laws governing non-profit tax exempt organizations. The course will examine the formation of non-profit corporations under the Pennsylvania Non-profit Corporation Law of 1988, including discussion of corporate management and fundamental change issues. In addition, the course will analyze the process of gaining recognition of exemption under the Internal Revenue Code and the criteria under state law for designation as an exempt organization. The course will discuss principles of private inurement, unrelated business income, and charitable giving. The course will involve statutory and regulatory analysis, selected case law, and case studies of actual non-profits.

5241 PARTNERSHIP TAXATION (two credits)
A transactional inquiry into the provisions of Subchapter K of the Internal Revenue Code. Transactions to be analyzed include the formation, operation, and liquidation of entities taxable as partnerships for federal income tax purposes. Additionally, the tax consequences of owning and disposing of partnership interests will be examined. Prerequisite: Federal Income Taxation.

5242 PATENT LAW PRACTICE (two credits)
A course designed for students with a special interest in patent law, and for those students preparing to take the Patent Bar Examination. Students are taught claim drafting, rules of practice and procedure followed by the United States Patent and Trademark Office, how to draft patent applications, and how to do patentability searches.

5240 PENNSYLVANIA PRACTICE (three credits)
An examination of the Pennsylvania Rules of Civil Procedure and the Rules of Civil Procedure for District Justices. The course is intended to develop the student's understanding of the rules of procedure that govern civil litigation in the state courts of Pennsylvania; the manner in which claims and defenses are raised; the forms utilized to raise these claims and defenses; and petition, motion, and discovery practice. The course will focus on the procedural tactics and strategies that are used to advance a client's position.

5527 PRIVACY SEMINAR (two credits)
A study of the development of modern "substantive due process" or "privacy doctrine." The reading will include about a dozen substantive due process cases on topics such as reproductive rights, gay rights, the non-traditional family, and right to die, as well as commentary on these cases.

5452 PUBLIC HEALTH LAW (two credits)
An introduction to public health law. Topics to be discussed include sources of law for health objectives, constitutional limits on governmental power, health facilities licensure, certificate of need, health personnel licensure, liability of individuals and institutions for negligence, consent, defamation, privacy and confidentiality, termination of care, abortion, sterilization, donation of organs, and transplantation. The substantive course objective is to acquaint the students with a broad range of issues that arise in the operation of institutions and organizations and the functioning of health personnel in the delivery of personal health services. The course is offered in the Graduate School of Public Health. There are no prerequisites for enrollment. Students may not enroll in both the Health Law course offered at the law school and this course.

5519 RACE, CULTURE, AND CONFLICT SEMINAR (two credits)
An exploration of the role that race, ethnicity, and culture play in the dispute resolution process, including alternative dispute resolution processes. Discussion will begin with an exploration of how the law and other disciplines define "race," "ethnicity," and "culture." Other issues will also be considered, including how dispute resolution processes in different ethnic American communities differ from each other and from the dispute resolution system envisioned under our legal system; whether these communities define "conflict" differently, prize variant values and goals, and gravitate toward unique dispute resolution techniques and reasoning; and how a better understanding of these various dispute resolution models can assist in disputes that arise within and between these groups. It is anticipated that each student will study a particular community or subgroup's approach to conflict and dispute resolution. Both legal and interdisciplinary research will be utilized.

5460 REAL ESTATE IMPLICATIONS OF ENVIRONMENTAL LAW (two credits)
A study of the developing law requiring a due diligence review before acquiring or selling a piece of property. The process is required under the 1986 amendments to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA or Superfund) as well as case law in many jurisdictions. In addition, there are new state statutes (e.g., New Jersey, Connecticut, and Illinois) that require certain property to be declared clean or cleaned up before transfer or upon the termination of a business operation. A similar proposal is currently pending in the Pennsylvania legislature. Other aspects to be addressed in the class include state superlien statutes that give a preferential status to environmental cleanup costs, as well as the implications of asbestos, radon, and formaldehyde in property transactions. The regulation of wetlands and its implications on development would also be addressed.

5244 REMEDIES (three credits)
A combination of the traditional courses of Damages, Equity, and Restitution. Remedies lies at the intersection of substance and procedure, telling not why or how but what one might recover. Equity includes the nature of the chancellor's discretion, latches, unclean hands, estoppel, hardship, contempt (civil and criminal), injunctions and binding unnamed third parties, recision, reformation, cancellation, relief for mistake, and experimental decrees. Restitution covers the right of recovery based on unjust enrichment and the remedies to enforce it, such as quasi contract, constructive trust, equitable, and subrogation. Damages, excluding those for personal injuries, are examined as alternatives in a variety of situations, including damage to real property, breach of contract, possession of chattels, and fraud.

5578 RIGHT TO DIE SEMINAR (two credits)
A seminar focusing on the concept of a legal "right to die," or more properly, to decline life-sustaining treatment. Topics covered will include decision making for competent patients, for incompetent patients, and for children and handicapped newborns; living wills and other forms of advance directives; and the need for judicial supervision, especially in the choice of surrogate decision makers for incompetent patients. Preference in enrollment will be given to students who have taken Bioethics and Law.

5261 SCIENTIFIC EVIDENCE (two credits)
A course focusing on the presentation and critique of scientific information in the context of legal decision making. The various subjects to be examined include trace evidence, hypnosis, forensic toxicology, linguistics, ballistics, pathology, forensic serology, questioned documents, polygraph testing, voice identification, psychology, chemistry, and fingerprint identification. No prior background in science is necessary.

5245 SECURED TRANSACTIONS (two credits)
An examination of Article 9 of the Uniform Commercial Code and related sections in Articles 1, 2, and 8. The course will deal with the creation, perfection, priority, and enforceability of security interests in personal property and fixtures. Priority questions examined will include priority between and among Article 9 security interests, as well as priority between Article 9 security interests and various other interests, such as federal tax liens. Some time will be spent on the treatment of secured parties in bankruptcy proceedings and particular bankruptcy issues such as preferences and fraudulent conveyances.

5291 SECURITIES LITIGATION (three credits)
An exploration of selected substantive, procedural, and tactical securities law issues from a litigation perspective. First, the course will examine issues arising under the federal securities laws, including insider trading, the "group" concept, and the definition of a "tender offer." Secondly, the course will consider state law issues, including the nature of the fiduciary duty owed by corporate officers and directors to the corporation and its shareholders and the interplay between this duty and numerous defensive tactics employed by corporate management to fend off hostile bids for control. Thirdly, the course will address selected procedural issues often raised in securities litigation, including implied rights of action and standing. Finally, the course will explore litigation strategy decisions. Prerequisites: Corporations and Securities Regulation or permission of instructor.

5246 SECURITIES REGULATION (three credits)
A study of the regulatory techniques created under the Securities Act of 1933, the Securities Exchange Act of 1934, and state "Blue Sky" laws as applicable to public distributions of securities and after-market trading. Consideration will be given to the securities registration process and the common bases for exemption from registration; duties imposed upon issuers, insiders, and others in relation to certain types of corporate and securities transactions; statutory express and implied civil liabilities; and the scope of "fraud" concepts.

5563 SEX, SEXUALITY, AND THE LAW SEMINAR (two credits)
A study of the variety of ways that the law regulates sexuality. The readings will include both cases and theoretical material on topics such as marriage, adoption, employment, health care, pornography, and prostitution. The theoretical readings will include a variety of perspectives ranging from feminist jurisprudence to law and economics.

5475 SPANISH FOR LAWYERS I (two credits)
A Spanish language course in a legal context, designed to acquaint students with the rudiments of the Spanish language and with Spanish legal vocabulary sufficient to permit an American attorney to communicate effectively with Spanish-speaking clients. Vocabulary, readings, class discussions, and written work will be in a legal context. No prior study of Spanish is required.

5476 SPANISH FOR LAWYERS II (two credits)
A continuation of Spanish for Lawyers I. Students either should have completed Spanish for Lawyers I or have had a minimum of one semester of prior study.

5486 STEREOTYPES, PREJUDICE, AND THE RULE OF LAW (three credits)
An investigation of the role of stereotypes and prejudice in the civil and criminal justice systems of the United States. Although racial stereotypes and prejudices will be the primary focus, the investigations will extend to other bases of discrimination as well. Topics to be covered include: the nature of the moral norm implicit in the reasonable person test; the acceptability of using statistical generalizations in adjudication; the conflict between instrumental and non-instrumental thinking about legal liability; the relevance of social cognition to legal decision making; the legal implications of recent research on epistemology; and the ideological ends served by prevailing legal norms. Emphasizing cases and principles from criminal law, torts, contracts, enterprise liability, and evidence, the course will work toward a theory of common law adjudication that recognizes the centrality of socio-economic factors in legal decision making but also acknowledges the possibility of achieving justice for socially marginalized groups within our evolving legal system.

5512 TAX POLICY SEMINAR (two credits)
A critical examination of selected provisions or areas of the Internal Revenue Code. Evolution of the Code as a wealth redistributing mechanism, a source of economic incentives, and a self-enforcing, revenue-raising statute are considered during the course.

5271 TORT LAW AND THE MEDICAL PROFESSIONAL (three credits)
An examination of the role of tort law in compensating patients who have suffered injury as a result of intentional or negligent conduct by a physician, or as a result of a procedure being performed without the patient's informed consent. Specific topics to be addressed include the substantive problems involved in establishing a standard of care against which medical "error" may be meas-ured; the role of medical "experts" and the limitations imposed upon expert and non-expert medical testimony; the extent of a physician's obligation to treat and whether there may be some defined instances (and if so, what instances) where a physician may have a "right" to refuse to treat; and whether negligence or strict liability is the more appropriate legal regime in cases where a patient suffers injury as a result of being treated with a defective product. The course will also inquire into the effectiveness of the present tort system in providing compensation for injured patients and will consider the advantages and disadvantages of non-tort alternatives, such as no-fault compensation schemes.

5480 TRANSNATIONAL LITIGATION (two credits)
An examination of the complexities added to the normal processes of civil litigation when one of the parties is outside the United States. Once somewhat unusual, these problems rapidly are becoming part of the "standard fare" for many litigating lawyers. This is especially true for those handling product liability, contract, and other commercial cases. Students will have the opportunity to review such concepts as personal and subject matter jurisdiction, service of process, discovery, and the form and enforcement of judgments, and to consider the application of those concepts in this new context. The discussion will include comparisons of litigation to alternative methods of dispute resolution, especially arbitration. Specific attention will be given to the Hague Convention on Service of Process, the Hague Evidence Convention, and the European Convention on Jurisdiction and Judgments in Civil and Commercial Matters. Students will conduct simulated negotiations relating to possible participation by the United States in a convention relating to jurisdiction and the recognition and enforcement of judgments.

5407 TRIAL ADVOCACY (two credits)
A course devoted to the art of presentation and persuasion in the courtroom. Students will be engaged in preparation for, and performance of, all basic phases of a typical trial including opening statements, direct examination, cross examination, closing argument, etc. Emphasis will be on actual performance of mock problems in a true courtroom setting, as well as instructor's critique of those performances. Prerequisite: Evidence.

5218 WHITE COLLAR CRIMES (three credits)
An examination of the major federal statutes under which white collar crimes are prosecuted, including conspiracy, mail and wire fraud, RICO, criminal tax violations, bank fraud, currency transaction reporting requirements (including money laundering), perjury, and false statements. Attention will also be given to immunity, grand jury, and penalties including restitution and forfeitures.

5322 WOMEN AND THE LAW (three credits)
An exploration of how the law affects the interests and needs of women in a variety of contexts. Topics to be examined include the constitutional conception of sexual equality, the statutory protections against sex discrimination in employment and education, and how the law regulates women's relationships to their partners and children within the family. Sexual violence and exploitation, including rape, sexual harassment, prostitution, and pornography will be studied. An emphasis will be placed on understanding the intersection of gender subordination and discrimination based on race and sexual orientation. The primary focus of the course will be on legal doctrine, although there will be an introduction to the variety of theoretical approaches within contemporary feminist theory. The course is designed for students--both men and women--who have no prior background in sex discrimination law or feminist theory.