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Accountability for Human Rights Abuses
LAWS 41100
- 01
(3)
c/l
This interdisciplinary course explores the different approaches taken by individual countries and the international community to violations of international human rights. It focuses in particular on the challenges raised by the demand for accountability during periods of political transition from authoritarian regimes and civil wars to societies based on democracy and the rule of law. It examines current principles of accountability as well as the various mechanisms for enforcing these principles, including truth and reconciliation commissions, international criminal tribunals, legal actions by third-party countries under the theory of universal jurisdiction, lustration laws that bar perpetrators of human rights abuses from holding public office, and reparations for victims of human rights violations. The course also considers the obstacles to achieving accountability for international human rights violations, including domestic political instability, national amnesty laws, institutional weaknesses, and geopolitical concerns. The course will be conducted in a seminar format and so requires student preparation, attendance and active participation. All readings assigned for a topic should be completed prior to the first class meeting on that topic. Attendance at four films is mandatory, but they will be screened at a time that accommodates students' schedules. Grading will be based on the quality of participation and leadership of class discussion (20 percent) and two written assignments. The first paper is due Friday, November 6 (40 percent) and the final paper is due Friday, December 11 (40 percent).
Autumn 2009
Helene Silverberg
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Administrative Detention under National Security, Immigration, and Other Legal Frameworks
LAWS TBD
- 01
(2)
The last ten years have seen an explosion in the number of people incarcerated outside of the criminal justice system under United States law. We will examine the legal structure underlying this development by focusing on two of its prominent features - detention within the immigration law system and detention on national security grounds, both domestically and abroad. We will end with a close look at the various proposals for how to deal with people detained at Guantanamo Bay and other extra-territorial detention centers. This seminar will meet intensively over a two-week period. Grades will be based on a paper of less than twenty pages and class participation.
Spring 2010
Ahilan Arulanantham
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Administrative Law
LAWS 46101
- 01
(3)
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The student's grade is based on a final examination.
Autumn 2009
Jacob Gersen
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Administrative Law
LAWS 46101
- 01
(3)
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The student's grade is based on a final examination.
Winter 2010
Jonathan Masur
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Admiralty Law
LAWS 71001
- 01
(3)
This course will cover the development and scope of this part of the jurisdiction of the federal courts, the role of the Supreme Court in the common law development of the substantive law of the admiralty, and several of the main elements of substantive maritime law: maritime torts, industrial accidents, collisions, salvage, and limitation of liability. The student's grade is based on class participation and a final examination.
Autumn 2009
Randall D. Schmidt
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Advanced Antitrust
LAWS 91402
- 01
(3)
+, b
Selected topics, with emphasis on high-tech industries, comparative antitrust law, economic policy, and institutional, remedial, and procedural aspects of antitrust law, both U.S. and foreign. The antitrust course is a prerequisite. Enrollment is limited to 25, and the grade for the seminar is based on a paper. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10; WP for JD '11 and JD '12).
Winter 2010
Andrew M. Rosenfield
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Advanced Contracts: Sales, a Practice Oriented Approach
LAWS 48601
- 01
(3)
s
This course provides a practical approach to understanding the law of sales embodied in Article 2 of the Uniform Commercial Code. The course is designed to be a bridge between law school and practice. As a consequence, there is no exam. Rather, students write short papers for almost every class, culminating in the preparation of a commercial sales agreement. The course involves intensive class participation, a moot court argument, client advising, negotiating an agreement with a classmate, and learning the advanced legal research techniques needed to develop the factual record in a case.
Winter 2010
Lisa Bernstein
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Advanced Corporations: Mergers and Acquisitions
LAWS 42311
- 01
(3)
+, s
We will study the planning of corporate mergers, acquisitions, and reorganizations, examining the application and integration of state corporate law, federal securities law, accounting principles, tax law, labor law, products liability law, environmental law, ERISA, and antitrust law. The goal is to introduce students to practical transaction planning and the art of being a "deal lawyer." We will focus on the problems faced and solved in real-world transactions, considering business and strategic issues as well as legal issues. Grades will be based on class participation, a few simulation exercises, and a standard final exam. Corporation Law is a prerequisite, but may be taken concurrently.
Spring 2010
M. Todd Henderson
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Advanced Legal Research
LAWS 79802
- 01
(1 to 2)
s
The purpose of this course is to enhance students' knowledge of legal sources and to develop their ability to research the law. The course will cover the basic categories of legal research in depth and with a focus on practical skills and efficiency, including statutes, administrative law, legislative history, cases, and secondary sources. This course also will address a series of practice areas such as corporate and securities, tax, transactional, federal procedure, and intellectual property, focusing on the substantive resources and practical research skills for each. Upon successful completion of the course, students will expand their understanding of research resources in a variety of areas, will improve their skills in using legal research tools, and will develop extensive research knowledge in at least one area from their work on a final research paper. To receive credit for this course, students must complete several research assignments (30 percent of grade), submit a research paper on a topic approved by the instructor (60 percent of grade), and attend and participate in course meetings (10 percent). Students may earn either one or two credits for this course depending upon the number of research assignments completed, their class participation/attendance, and the length of their final paper. In the research paper, the student should extensively and comprehensively address sources for researching the topic, discuss successful and less useful techniques, and recommend research strategies. The course will be limited to twenty students with priority to third years.
Winter 2010
Sheri H. Lewis
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Advanced Legal Writing
LAWS 79901
- 01
(2)
s
This course will prepare law students for the working world by honing writing skills for briefs, memoranda, motions and contracts. We will discuss and practice the major principles of legal writing in plain English -- no jargon, no legalese, no anachronistic fluff. In addition to fine-tuning basic and more advanced writing skills, students will learn how to use their writing to win arguments, persuade clients and sharpen their own thinking. The class will function largely as a workshop where we analyze the impact of various writing styles. Regular attendance is essential. Through exercises and group critiques, students will learn to write more succinctly and effectively. Better writers make better lawyers.
Winter 2010
Elizabeth Duquette
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Advanced Legal Writing
LAWS 79901
- 01
(2)
s
This course will prepare law students for the working world by honing writing skills for briefs, memoranda, motions and contracts. We will discuss and practice the major principles of legal writing in plain English -- no jargon, no legalese, no anachronistic fluff. In addition to fine-tuning basic and more advanced writing skills, students will learn how to use their writing to win arguments, persuade clients and sharpen their own thinking. The class will function largely as a workshop where we analyze the impact of various writing styles. Regular attendance is essential. Through exercises and group critiques, students will learn to write more succinctly and effectively. Better writers make better lawyers.
Autumn 2009
Elizabeth Duquette
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Advanced Property: The Takings Clause
LAWS 95212
- 01
(3)
This seminar will examine current issues surrounding the Fifth Amendment's Takings Clause by examining leading scholarly writings on the subject. Grades will be based on class participation and a series of short research papers or one major paper.
Autumn 2009
Christopher Serkin
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Advanced Trademarks and Unfair Competition
LAWS 69902
- 01
(2 to 3)
+, b
This seminar addresses current issues and developments such as the constitutional foundations and limitations of trademark protection; domain names and cybersquatting; the geographic scope of trademark rights; empirical proofs and elusive harms; dilution, property rights, and misappropriation; the proliferation of subdoctrines; configuration, functionality, and secondary meaning; parody and commercial speech; and the right of publicity. Trademarks and Unfair Competition is a prerequisite for the seminar. A student's grade is based on class participation and either a series of thought papers for two credits, or a series of short papers totaling at least 25 pages or a major research paper, both for three credits. Enrollment is limited to twenty-two students. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10 with instructor approval and submission of a major research papar; WP for JD '11 and JD '12).
Winter 2009
Chad J. Doellinger, David Hilliard, Uli Widmaier
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Agency and Partnership Law
LAWS TBD
- 01
(2)
Like the law of contracts, agency law principles are basic to an understanding of our legal system and are applied in many other areas of the law. This course will examine the law of agency and the law of partnerships, agency principles being a cornerstone of partnership law. We will emphasize business and commercial contexts, and will also consider some commonly used variants of general partnerships such as limited partnerships and limited liability companies. The grade in the course will be based on classroom participation and a written final examination.
Spring 2010
Robert Berger
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American Law and the Rhetoric of Race
LAWS 49801
- 01
(3)
This course presents an episodic study of the ways in which American law has treated legal issues involving race. Two episodes are studied in detail: the criminal law of slavery during the antebellum period and the constitutional attack on state-imposed segregation in the twentieth century. The case method is used, although close attention is paid to litigation strategy as well as to judicial opinions. Grades are based on class participation and a final examination.
Spring 2010
Dennis J. Hutchinson
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American Legal Culture
LAWS 93801
- 01
(3)
c/l
Readings and assignments will allow participants in this seminar to examine the contributions of ethnographic research to the study of law and to consider how such research can be useful in practicing law and shaping social policy. Students will conduct some fieldwork in the Chicago area, presenting the results of their ethnographic research at the end of the quarter.
Winter 2010
Morris Fred
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American Legal History, 1607-1870
LAWS 97601
- 01
(3)
e
This survey course examines major themes and interpretations in the history of American law and legal institutions from the earliest European settlements through the Civil War. Topics include continuity and change between English and American law in the colonial period, the American Revolution and its consequences for state and national law, changing understandings of the U.S. Constitution, the transplantation of the common law, the varied meanings of and debates over federalism, commerce, the law of slavery, and the constitutional and legal consequences of the Civil War. The student's grade will be based on a take-home final examination and class participation.
Spring 2010
Alison LaCroix
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Animal Law
LAWS 46022
- 01
(2)
Is there a place for the consideration of the interests of animals in the law? Throughout the quarter, we will examine the historical and current status of animals in our legal system. Students will examine a diverse cross-section of law devoted to the controversial moral, ethical, and public policy considerations germane to efforts to balance the interests of animals and those of humans. The course is not an animal rights course. Rather, students will be invited to explore whether the law has a place for animals and, if so, where lines ought to be drawn. The course is graded on regular class attendance, participation, and a final exam. Enrollment will be limited to 20 students.
Spring 2010
Pamela D. Alexander
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Anthropology and Law
LAWS 93812
- 01
(3)
b
This seminar for law school and graduate students will provide an introduction to the field of legal anthropology. We will address anthropological theories of the nature of law and disputes, examine related studies of legal structures in non-Western cultures, and consider the uses of anthropology in studying facets of our own legal system. By examining individual legal institutions in the context of their particular cultural settings, we can begin to make cross-cultural comparisons and contrasts. In so doing, we confront the challenge of interpreting and understanding the legal rules and institutions of other cultures while assessing the impact of our own social norms and biases on the analysis. Thus, our analytic and interpretative approach will require us to examine the cultural assumptions that underpin various aspects of our own belief systems and the American legal system. We will also consider cultural resource management laws and related ethical debates in anthropology and museum practices. No prerequisite courses are required, and this course is designed to enable graduate students to analyze legal structures and to enable law students to understand and apply anthropological theories and concepts in similar studies. Requirements for this seminar course include preparation of a research paper, a brief in-class presentation of your developing research ideas, and thoughtful class participation.
Winter 2010
Christopher Fennell
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Antitrust Law
LAWS 42801
- 01
(3)
This course provides an introduction to the law of antitrust. The course focuses on the practices by which competing firms eliminate, or are alleged to eliminate, competition among themselves. The practices considered include formal cartels, price-fixing conspiracies, conscious parallelism, trade association activities, resale price maintenance, and mergers to monopoly and other types of horizontal merger. The course also looks at the practices by which firms, either singly or in combination, exclude actual or potential competitors from their markets, by means of practices such as boycotts, predatory pricing, tying arrangements, vertical integration, and price discrimination under the Robinson-Patman Act. Both price and non-price vertical restrictions are considered. The student's grade is based on a final examination. The syllabus for the course is found at http://picker.uchicago.edu/antitrust/Syllabus.htm.
Autumn 2009
Randal C. Picker
