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.