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Course Details

Complex Litigation (Scirica/Duncan)

Spring 2024   LAW 743-001  

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Faculty
Anthony Scirica

Senior Fellow

ascirica@law.upenn.edu
Matthew Duncan

Legal Practice Skills Visiting Senior Lecturer

mhduncan@law.upenn.edu
Additional Information

Skills Training
Oral Presentations

Grading
100% Exam,
Other (Class participation will be considered according to the Law School's rules for adjusting anonymous exam grades.)

Exam
Essay,
In Class,
Open-Book

Satisfies Senior Writing Requirement

No

Location

Class meets in person.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, email me and I can send you an email with instructions for accessing the recording for the class session(s) you missed.

Meeting Times/Location
MW 9:00AM - 10:20AM
Silverman Hall 280

Category
Upper-Level

Credits
3.0

The primary focus of this course is on class actions and non-class aggregated claims and parties. It has two basic purposes. First, it is intended to expose students to topics of importance to the study of procedure that are not covered in most basic courses. Second, even as to matters covered in the first year, this course is intended to introduce additional (or at least non-traditional) perspectives, including: the values that inform or should inform a procedural system, the rhetoric of procedure and procedure as an instrument of power (whether in the hands of litigants or lawmakers). This course seeks to achieve both of its purposes through the study of procedural problems in complex litigation. The topics covered (including e.g., joinder of parties, class actions, non class aggregation, judicial control of litigation, claim and issue preclusion) are considered largely, and sometimes exclusively, in the context of litigation that is complex because it involves multiple parties and/or multiple claims or because it involves lawsuits dispersed among the federal and state courts. This course will be taught in a seminar/participatory format. Class participation will be considered in grading. The exam will be open-book, essay.

Course Concentrations

Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Professional Responsibility and Ethics Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.


Textbooks

"Complex Litigation" by Marcus, Sherman, Erichson & Bradt
Edition: 7th
Publisher: West Academic
ISBN: 9781647081515
Required