Course Catalog

This is a course about legal regulation of the employment relationship. It surveys relevant common law doctrines and selected federal statutes affecting this relationship, but does not cover union formation or collective bargaining. Among the topics to be covered are the law of wrongful discharge in both the public and private sector; employee speech and First Amendment issues; discrimination on the basis of race, sex, age, disability, and other protected traits; workplace harassment; covenants not to compete and other contractual limitations on employees, including arbitration agreements.

• Type: Upper Class

This course is an introduction to U.S. energy law. The first portion of the course introduces the nation's sources of energy: coal, oil, biofuels, natural gas, hydropower, nuclear, wind, solar, geothermal energy, and energy efficiency. In doing so, it explores the physical, market, and legal structures within which these energy sources are extracted, transported, and converted into energy. The second portion of the course turns to the two major sectors of our energy economy -- electricity and transportation -- and the full range of federal and state regulation of each sector. The third portion of the course explores case studies of hot topics in energy law and policy that highlight the complex transitions taking place in the energy system. These topics may include electric grid modernization, electric vehicles, the role of energy innovation in addressing climate change, and the continued role of nuclear energy. In addition to traditional textbook reading and class discussion, the course may include industry, government, and nonprofit guest speaker presentations.

• Type: Upper Class

This course provides an introduction to the laws and regulations we use to address environmental harms. It focuses on the major pollution control statutes, particularly the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Recovery Act, and Toxic Substances Control Act. We will also examine the role of the courts in interpreting these statutes as well as the underlying scientific, economic, and policy rationales for environmental protection. Recurring themes will include the balance of federal and state authority, the influence of interest groups (both industry and environmental organizations) on environmental policy, and the disparate impact of pollution on vulnerable populations. The course will also cover recent developments in administrative and constitutional law that have significant implications for environmental regulation, such as the major questions and non-delegation doctrines.

• Type: Upper Class

The Clinic, which was founded in 1983, teaches students to be effective advocates for the National Wildlife Federation, other environmental justice and conservation organizations, and local governments. The course has both a clinical and a classroom component. For clinical work, students participate in administrative and civil litigation, comment on proposed rules and permits, submit public records requests, and draft legislation. Topics include environmental justice, climate change, natural resources & wildlife management, pollution control, and utility regulation. In the classroom, the focus is on representing organizations, practicing in an administrative law framework, effective client counseling, improving research skills (including through the use of AI), and obtaining public records. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. Credits count toward New York's pro bono requirement. There are no prerequisites or corequisites, but having taken courses that cover administrative or environmental law would certainly be helpful.

• Type: Clinic

The Clinic, which was founded in 1983, teaches students to be effective advocates for the National Wildlife Federation, other environmental justice and conservation organizations, and local governments. The course has both a clinical and a classroom component. For clinical work, students participate in administrative and civil litigation, comment on proposed rules and permits, submit public records requests, and draft legislation. Topics include environmental justice, climate change, natural resources & wildlife management, pollution control, and utility regulation. In the classroom, the focus is on representing organizations, practicing in an administrative law framework, effective client counseling, improving research skills (including through the use of AI), and obtaining public records. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. Credits count toward New York's pro bono requirement. There are no prerequisites or corequisites, but having taken courses that cover administrative or environmental law would certainly be helpful.

• Type: Clinic

National antitrust policy under the Sherman, Federal Trade Commission, and Clayton Acts. Restraints of trade and monopoly problems including agreements among competitors (such as price-fixing, trade associations, and joint ventures), vertical relationships (such as resale price maintenance and exclusive territories), single firm exclusionary conduct (such as predatory pricing and predatory product innovation), and merger policy. Students do not need to have any prior economic training, but should be prepared to learn some basic industrial organizational theory and microeconomics. Current debates in the field at the level of both theory and policy will be explored.

• Type: Upper Class

This course serves as an introduction to: (1) the major areas of law governing the health care sector malpractice, licensing, credentialing, problems of patient rights, and professional prerogatives; (2) the organization of the health care sector and how major institutions within it function (hospitals, licensing and accrediting bodies, professional associations, health maintenance organizations, etc.); and (3) the tension between legal, scientific, and clinical styles of thinking, all of which come to bear on subjects such as malpractice liability, right to die, and admissions to hospital staff privileges.

• Type: Upper Class

This course is a comprehensive introduction to the international legal framework for the regulation of international trade in goods and services. This course will include: an introduction to the economics and politics of trade; an examination of the World Trade Organization (WTO) and its dispute settlement machinery, the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services GATS); the Agreement on Sanitary and Phytosanitary Measures, and related instruments; and discussions of trade-related aspects of intellectual property rights, conflicts between trade policy and other concerns (such as human rights, environment and development), and the recent proliferation of bilaterial and regional trade agreements.

• Type: Upper Class

In the modern regulatory state, the rules that most profoundly shape private conduct come not from the common law but, instead, from legislatures and agencies. This class will explore the lawmaking function of these institutions and the virtues and vices of administrative governance. Among other things, the class will cover: the nature of the legislative process; statutory interpretation; the justifications for regulatory intervention; regulatory tools and strategies; the allocation of authority between legislatures and agencies; the varied forms of agency decision-making; and judicial review of agency decisions. In offering a survey of public law, the course will introduce students to the essentials of both statutory interpretation and administrative law.

• Type: Upper Class

Technology has fundamentally transformed how litigation is conducted, and the pace of change is accelerating. This course will teach students what they must know to succeed in the new world of technology enabled litigation. We will cover how lawyers deploy sophisticated technology and services to: manage big data and harvest key information; handle specialty matters involving white collar crime, civil liability investigations, cyber incident responses, and federal challenges to mergers and acquisitions; and meet professional obligations and avoid sanctions from courts and regulators. Recent enforcement guidance and initiatives from the DOJ, SEC and FTC have raised the stakes of missteps substantially for counsel and clients in these areas. We will have technical and operational experts conduct simulation exercises in key areas, in which students will participate, to provide real-world, practical knowledge that can be applied when students enter litigation practice.

• Type: Upper Class

This course will provide an introduction to basic concepts of patent law, focusing on legal issues that arise in the course of obtaining and enforcing patents. The course is designed to be suitable for students planning to enter a general practice as well as those planning to specialize in intellectual property. A technical background is not a prerequisite, but students will be required to read and discuss cases involving technical facts.

• Type: Upper Class

This course covers the regulation of securities offerings and trading under the Securities Act of 1933 and the Securities Exchange Act of 1934. It examines offerings and the registration process under the Securities Act, along with reporting requirements under the Exchange Act. The course will also cover fraud, insider trading and civil liabilities under both Acts.

• Type: Upper Class

Since Bitcoin arrived on the scene in 2009, innovators have created thousands of cryptocurrencies -- digital representations of tokens that reside on blockchains. Many view them as the future of money. But what is "money"? In this seminar, we will first explore the economic theory of money and the legal infrastructure that is required for its stability and proliferation. We will also examine the financial history of money to understand what happens when money is poorly designed: financial crises. These building blocks will allow us to assess digital assets like cryptocurrencies, stablecoins, and central bank digital currencies. We will focus on their implications for financial stability, monetary sovereignty, and national security, analyze proposed responses by Congress and financial regulatory agencies, and survey the evolving international landscape.

• Type: Seminar