H. L. Pohlman Fall 2006

Ext. 1249 Office Hours: MWF 9:30-10:30

Denny 301 e-mail:

Reading List and Requirements

Law Policy/Policy Management 301

Gateway Course: Fridays: 12-30-3:30

Denny 317

I. Course Description:

This course explores the public-service roles of lawyers and other professionals working in law-related areas of policy and management. Primary emphasis is given to the rights and duties attached to such professional roles and to the ethical dilemmas that arise in fulfilling these responsibilities. Alumni and other visitors will participate in the course, sharing with students their substantive professional experiences, including the moral quandaries they have had to resolve in the practice of their profession.

II. Course Requirements:

- Attendance, Promptness, Deportment,

and Participation 25%

-- First Test 25%

-- Second Test 25%

-- a 5-page paper 25%

III. Required Texts:

Jonathan Haar. A Civil Action. (Random House)

Text on National Security Policy (yet to be determined)

Readings from the Internet

Handouts (distributed in class or available for purchase at the bookstore)

IV. Readings and Topics:

Jonathan Haar’s A Civil Action:

There are a number of internet sites on the Woburn case. You will be able to access these sites through the following links. Please explore these sites.

Harvard Site: http://cyber.law.harvard.edu/acivilaction/ (not all the links to this site are operative)

Envir. Pro. Agency: http://www.epa.gov/NE/superfund/sites/wellsgh/over.html

Florida State Law School: http://www.law.fsu.edu/library/courseresources/beatrice/index.html

Movie Site: http://www.acivilaction.com/

W. R. Grace: http://www.civil-action.com/

Dan Kennedy: http://home.earthlink.net/~dkennedy56/woburn.html

Sept. 1: - Introduction to the Course
- Role of a Plaintiff Attorney in Civil Litigation:
Roy Hoagland, Esq. (’77), Vice-President, Environmental
Protection & Restoration, Chesapeake Bay Foundation

Readings for Mr. Hoagland:

1) Massachusetts Rules of Professional Conduct:

http://www.mass.gov/obcbbo/rpcnet.htm

Read:

Preamble

Client-Attorney Relationships: Rule 1.1, 1.2, 1.3, 1.4, and 1.5

Advocate: Rule 3.1, 3.4, 3.5, and 3.6

2)General Laws of Massachusetts:

http://www.state.ma.us/legis/laws/mgl/gl-21-toc.htm

Read: Chapter 21: Sections 26, 27, 40, 42, 44, and 46

3) Second Amended Complaint filed in Woburn Case, dated 3/7/83:

http://www.law.fsu.edu/library/courseresources/beatrice/030783.pdf

Sept. 8: The role of a defense attorney and judge in civil litigation:

Robert Corbin, Esq. (’70), German Gallagher & Murtagh,

Philadelphia, PA

The Honorable Richard Levie (’66),

Readings for Mr. Corbin:

Pennsylvania Code of Professional Conduct:

1) Client/Lawyer: http://www.pacode.com/secure/data/204/chapter81/s1.1.html

2) Diligence: http://www.pacode.com/secure/data/204/chapter81/s1.13.html

3) Organization as Client: http://www.pacode.com/secure/data/204/chapter81/s1.13.html

4) Meritorious Claims: http://www.pacode.com/secure/data/204/chapter81/s3.1.html

5) Candor: http://www.pacode.com/secure/data/204/chapter81/s3.3.html

6) Fairness to Opposing Counsel: http://www.pacode.com/secure/data/204/chapter81/s3.4.html

7) Communication with Person Represented by Counsel:

http://www.pacode.com/secure/data/204/chapter81/s4.2.html

Readings for Judge Levie:

1) Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 US 579 (1993)

2) Frye v. United States, 293 F. 1013 (DC Cir. 1923)

(these judicial decisions can be found through Lexis/Nexis)

3) Go to the website below, sign in, download this article (for free) and please read

sections 1-3 (pp. 1-10):

http://newton.nap.edu/catalog/11696.html

4) Go to the Federal Judicial Center website and read the Kassirer/Cecil article.

http://www.fjc.gov/library/fjc_catalog.nsf

go to “browse by subject”

go to Evidence

download Jerome P. Kassirer & Joe S. Cecil, “Inconsistency in

Evidentiary Standards for Medical Testimony: Disorder in the

Courts” (6 pages):

http://www.fjc.gov/library/fjc_catalog.nsf/autoframepage!openform&url=/library/fjc_catalog.nsf/Publication!openform&parentunid=2F8C7E8342DC80CF85256CA3006995AE

Sept. 15: The Role of NGOs and the federal Environmental Protection Agency

James M. McElfish, Jr. Esq. (’76), Senior Attorney; Director,

Sustainable Land Use, Environmental Law Institute

Michael Northridge, Esq. (’81), Environmental Protection Agency

Readings for Mr. McElfish:

?

Readings for Mr. Northridge:

Sept. 22: Mediation and Arbitration:

David Williams, Esq. (’70), Human Resources Director, Jones Day

David E.Sandel, Esq. (’70), White and Williams

Readings for Mr. Williams:

?

Readings for Mr. Sandel

?

Sept. 29: The role a state environmental agency

Justina Wasicek, Esq., former Senior Counsel, PA. Department of

Environmental Protection, Office of General Counsel

Readings for Ms. Wasicek:

?

Readings for ?

?

Oct. 6: Public Health Issues and Responsibilities:

Dr. Michael Weiner, MD (’68), Metzger Conway Fellow; Director

of the Herbert Irving Child & Adolescent Oncology Center,

Morgan Stanley Children’s Hospital of New-York

Presbyterian; Professor of Pediatrics, Columbia University

College of Physicians and Surgeons; Founder of the Hope

& Heroes Children’s Cancer Fund

Brian Kamoie, Esq. (’93), U.S. Dept. of Health & Human Services

Readings for Dr. Weiner:

?

Readings for Mr. Kamoie:

?

Oct. 13: First Test

Carlisle’s Water Management System: Tour and Lecture

David Runkle, Laboratory Supervisor, Carlisle Water Treatment

Plant

Oct. 20: Dickinson College and the Kaufman Building

Oct. 27: Dickinson College and the Kaufman Building

Nov. 3: Paper Due on Environmental Law, Policy, and Management: In this

paper, you should integrate relevant readings, lectures, and discussions of

the first half of the course and apply them to an environmental problem or issue that was not directly addressed in the course. Paper is due by 5 pm.

The role of Think Tanks in National Security Policy Formation

Nov. 3: -Introduction:

(Possible visit to National War College)

Nov. 10: (Possible bus trip to Washington, D.C.)

Nov. 17: (Possible bus trip to Washington, D.C.)

Dec. 1: (Possible bus trip to Washington, D.C.)

Dec. 8: Second Test:

Paper due on National Security Law, Policy, and Management: In this paper, you should integrate relevant readings, lectures, and discussions of the second half of the course and apply them to a national security problem or issue that was not directly addressed in the course. Paper is due by 5 pm.