Key to course details:

a	extends over more than one quarter
b	satisfies part of the writing requirement if substantial written work is completed
e	first-year elective
1L	first year required course
c/l	cross listed. a Law School course offered to other divisions for divisional course credit, or another division's course that counts as a Law School course
+	subject to prerequisites, co-requisites, exclusions, or professor permission. Refer to Course Descriptions.
n/o	not offered this term
tba	tentatively scheduled, may be offered at a different time and in a different format.
(#)	The number of Law School credit hours earned for successful completion of the course. The number of credit hours awarded in the given quarter for a course that extends over more than one quarter.

Administrative Law
LAWS 46101 - 01 (3)
This course examines the constitutional and statutory framework surrounding the operation and governance of administrative agencies. The first part of the course focuses on constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. In particular, it examines whether and to what extent the arrangements that mark the modern administrative state are consistent with the structural objectives that underlie our constitutional system of separated powers and checks and balances. The second part of the course considers the Administrative Procedure Act (APA). In particular, it examines both the safeguards and pathologies that have emerged after more than a half-century of experience with the APA's prescribed framework for rule-making, adjudication, and judicial review. The student's grade is based on a final examination.
Autumn 2007 Jonathan Mitchell

Administrative Law
LAWS 46101 - 01 (3)
This course examines the constitutional and statutory framework surrounding the operation and governance of administrative agencies. The first part of the course focuses on constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. In particular, it examines whether and to what extent the arrangements that mark the modern administrative state are consistent with the structural objectives that underlie our constitutional system of separated powers and checks and balances. The second part of the course considers the Administrative Procedure Act (APA). In particular, it examines both the safeguards and pathologies that have emerged after more than a half-century of experience with the APA's prescribed framework for rule-making, adjudication, and judicial review. The student's grade is based on class participation and a proctored final examination.
Winter 2008 Cass Sunstein

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 2007 Randall Schmidt

Advanced Administrative Law and Institutional Design
LAWS 46102 - 01 (2 to 3) +
This seminar explores how public and private actors design and implement institutions and decisional strategies to solve intractable problems of fact and policy. The seminar will focus on advanced topics in administrative law, including theories of judicial deference, public choice, and political accountability; it will also touch upon issues of institutional design and analysis within the criminal law and in private law contexts such as incomplete contracting and tort compensation systems. The goal of the seminar will be to understand and critique administrative law and administrative decision-making from both internal and external perspectives, with particular emphasis on the light that private law principles may shed on public law institutions. Students should have already taken a basic course in administrative law or be familiar with general administrative law principles and doctrines. The grade will be based on short analysis papers and class participation.
Winter 2008 Jonathan Masur

Advanced Contracts: Sales in Practice
LAWS 48601 - 01 (3)
This course, which is designed for both LLM students who have taken contracts or commercial law in their home country and JD students interested in a more in-depth understanding of sales transactions, examines Article 2 of the Uniform Commercial Code, the law that governs the sale of goods. After a brief overview of the quasi-historical and jurisprudential roots of the Code, we will go through the Code's rather complex rules, while exploring the modes of statutory analysis employed by courts interpreting the Code and reflecting on the best ways to draft and structure commercial agreements to avoid potential pitfalls. The course also takes up selected topics in negotiation and dispute resolution, (arbitration, mediation, wisemen provisions and other types of verification intermediaries), as these topics apply to entering into, performing, and resolving the disagreements that arise during the course of a sales contract. Readings will include a mix of cases, practical commentary, academic articles, and on occasion, articles from the popular press. Students will be graded on the basis of short assignments and class participation.
Spring 2008 Lisa Bernstein

Advanced Corporations: Mergers and Acquisitions
LAWS 42311 - 01 (3) +
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 2008 M. Todd Henderson

Advanced Issues in Criminal Procedure
LAWS 60802 - 01 (3) b
This seminar addresses various legal issues related to the criminal process, and it frequently analyzes them through the lens of the complex federal criminal case. The issues include questions relating to electronic monitoring and investigative techniques, grand jury charging practice and rules, discovery, joinder and severance, evidentiary matters, suppression motions, sentencing, and prosecutorial and judicial discretion. The setting of the complex criminal prosecution is chosen because the importance of the aforementioned issues is often magnified in that context. The course will explore the various legal and policy issues implicated by each subject area. The student's grade is based on a final major paper that may be written to fulfill one of the substantial writing requirements. Registration is limited to 15 students.
Winter 2008 Mark Filip

Advanced Legal Research
LAWS 79802 - 01 (1)
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 a series of practice areas (federal administrative, corporate and securities, tax, transactional, federal procedure, intellectual property) focusing on the substantive resources and practical research skills for each. Students will select their desired areas of focus in fulfilling the course requirements. 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 (ideally the student’s intended) area of practice. To receive credit for this course, students must complete two of the four research assignments (30% of grade), submit a research paper on a topic approved by the instructor (60% of grade), and attend and participate in all course meetings (10%). If a student completes more than two research assignments, the two highest scores will count towards the final grade. 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 research paper should be approximately ten pages and is due at the end of the quarter’s exam period. The course will be limited to twenty students with priority to third years.
Winter 2008 Sheri Lewis

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. Students who elect to write a major research paper may receive substantial writing credit if the paper is certified by the instructor as having met additional applicable criteria. Enrollment is limited to twenty-two students.
Winter 2008 Chad Doellinger
Winter 2008 David Hilliard
Winter 2008 Uli Widmaier

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 2008 Dennis Hutchinson

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 2008 Alison LaCroix

Analytical Methods in Law
LAWS 79001 - 01 (3)
Familiarity with quantitative reasoning and statistics is increasingly an important part of a lawyer s job. This course will prepare students to apply quantitative tools from economics and statistics to problems of legal importance. Topics covered include decision analysis, game theory, linear regression, common statistical distributions. Applications include litigation, negotiation, environmental law, criminal law, antitrust, damage calculation, and other legal fields. In addition to a main textbook, course material is drawn from legal cases, scientific studies, and journal and newspaper articles. The goal of the course is for students to develop their quantitative intuition through practical application, including the use of computer tools such as Excel. No specific mathematical background is required. A student's grade will be based on class participation, three short assignments, and a proctored examination.
Spring 2008 David Abrams

Antitrust and Intellectual Property: Readings
LAWS 94702 - 01 (3)
This seminar will look at a mixture of old and new materials on the intersection of antitrust and intellectual property, focusing on copyright and patent. Possible topics include webcasting, compulsory licensing, cable, and open access. Students write reaction papers to the readings. The student's grade is based on participation and the reaction papers. The reaction papers do not fulfill one of the substantial writing requirements.
Spring 2008 Randal Picker

Antitrust Law
LAWS 42801 - 01 (3)
This course provides an introduction to the law of antitrust. The course focuses first 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 then 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, 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 class participation and a final examination.
Autumn 2007 Randal Picker

Antitrust Law
LAWS 42801 - 01 (3)
This course provides an introduction to the law of antitrust. The course focuses first 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 then 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, 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.
Spring 2008 Richard Epstein

Appellate Advocacy Clinic
LAWS 60013 - 01 (3) a, +
Directed by Professor Mikva, the Appellate Advocacy Clinic will be available to four (4) third-year students. Each of the students will be responsible for briefing and arguing a criminal appeal to the United States Court of Appeals for the Seventh Circuit in Chicago. Professors Mikva and Harcourt will work with students in the preparation of briefs and mooting them for oral arguments. Each of the students will receive a license under Illinois Supreme Court Rule 711 for these purposes, and Professor Mikva will serve as the attorney of record. The principal brief will be due in early December, and the reply brief and oral argument will be scheduled for the Winter quarter. All of the appeals stem from trials that have taken place in the U.S. District Court for the Northern District of Illinois. Participants will be selected based upon an interview with Professor Mikva. Applicants must have completed a course in Evidence and at least one course in Criminal Procedure. Students who are selected will be undertaking a major responsibility for which they should be prepared to devote substantial time.
Autumn 2007 Abner Mikva
Autumn 2007 Jason Huber

Appellate Advocacy Clinic
LAWS 60013 - 01 (1) a, +
Directed by Professor Mikva, the Appellate Advocacy Clinic will be available to four (4) third-year students. Each of the students will be responsible for briefing and arguing a criminal appeal to the United States Court of Appeals for the Seventh Circuit in Chicago. Professors Mikva and Harcourt will work with students in the preparation of briefs and mooting them for oral arguments. Each of the students will receive a license under Illinois Supreme Court Rule 711 for these purposes, and Professor Mikva will serve as the attorney of record. The principal brief will be due in early December, and the reply brief and oral argument will be scheduled for the Winter quarter. All of the appeals stem from trials that have taken place in the U.S. District Court for the Northern District of Illinois. Participants will be selected based upon an interview with Professor Mikva. Applicants must have completed a course in Evidence and at least one course in Criminal Procedure. Students who are selected will be undertaking a major responsibility for which they should be prepared to devote substantial time.
Winter 2008 Abner Mikva
Winter 2008 Jason Huber

Appellate Advocacy Clinic
LAWS 60013 - 01 (2) a, +
Directed by Professor Mikva, the Appellate Advocacy Clinic will be available to four (4) third-year students. Each of the students will be responsible for briefing and arguing a criminal appeal to the United States Court of Appeals for the Seventh Circuit in Chicago. Professors Mikva and Harcourt will work with students in the preparation of briefs and mooting them for oral arguments. Each of the students will receive a license under Illinois Supreme Court Rule 711 for these purposes, and Professor Mikva will serve as the attorney of record. The principal brief will be due in early December, and the reply brief and oral argument will be scheduled for the Winter quarter. All of the appeals stem from trials that have taken place in the U.S. District Court for the Northern District of Illinois. Participants will be selected based upon an interview with Professor Mikva. Applicants must have completed a course in Evidence and at least one course in Criminal Procedure. Students who are selected will be undertaking a major responsibility for which they should be prepared to devote substantial time.
Spring 2008 Abner Mikva
Spring 2008 Jason Huber

Art Law
LAWS 79301 - 01 (3)
This seminar examines legal issues in the visual arts including artist s rights and copyright, government regulation of the art market, valuation problems related to authentication and artist estates, disputes over the ownership of art, illicit international trade of art, government funding of museums and artists, and First Amendment issues as they relate to museums and artists. The basis of the grade will be class participation and three short papers.
Autumn 2007 William Landes
Autumn 2007 Anthony Hirschel

Art Law: Litigating Title Disputes
LAWS 79302 - 01 (3)
World War II saw an unprecedented displacement of art. In the decades since there has been a steady flow of litigation over title to works of art. The resolution of these disputes, which typically pit a good-faith purchaser against descendants of the theft victim, is rarely simple. Most such cases present questions of choice of law, jurisdiction, and statutes of limitations. This seminar will address title disputes and the litigation choices involved. It will be as much a course in litigation strategy as in substantive art law. The course will focus on a series of seminal cases, and the materials examined will include pleadings, discovery material, motion papers, as well as judicial opinions. The course will attempt to impart an understanding not only of how the law has evolved, but of how strategic choices made by lawyers influenced that evolution. The course will consider two different types of title claims: (1) claims brought by individual theft victims or their descendants; (2) so-called cultural property claims, where the theft victims are sovereign governments. A student's grade will be based on a major paper. Anyone having questions about the course is welcome to consult David Zarfes.
Spring 2008 Jeremy Epstein

Bankruptcy and Reorganization: The Federal Bankruptcy Code
LAWS 73601 - 01 (3)
This course studies the Federal Bankruptcy Code, including both the law of individual bankruptcy and the law of corporate reorganization. Topics include the rights of creditors in bankruptcy, the individual's right to discharge, the relationship between bankruptcy law and state law, the treatment of executory contracts, bankruptcy planning, the restructuring of corporations in Chapter 11, and the procedure for confirming plans of reorganization. The student's grade will be based on a proctored final exam.
Autumn 2007 Anup Malani
Spring 2008 Edward Morrison

Behavioral Law and Economics: Selected Topics
LAWS 51702 - 01 (3) b
This seminar will explore a set of "frontiers" issues at the intersection of law and human behavior. These issues include happiness (including new empirical work on what really makes people happy); fairness; outrage; extremism; risk (including climate change and terrorism); cultural differences; discrimination (including unconscious attitudes); and judicial behavior. The Chicago Judges Project, and its immense data set about federal judicial votes, will be part of the discussion. Some discussion will be devoted to the uses and limits of paternalism. Grades will be based on a series of papers, which will earn substantial writing credit.
Spring 2008 Cass Sunstein

Business of Entrepreneurship for Lawyers
LAWS 61702 - 01 (2 to 3)
This seminar will focus on the legal and non-legal tactical details of entrepreneurial endeavors. The legal specifics of corporate formation, tax, contracts, etc, are well covered by a variety of other courses at the Law School. Students who are interested in either starting companies or working with startup founders as their legal counsel will solidify their foundations in this course. There will be no textbook – course materials will include Powerpoint slides, readings from various entrepreneur and venture capital blogs, sample business plans, and other sources. Grades will be based on a 60 minute oral business plan presentation with Q&A (with accompanying slide deck and appendices) or on a 3-hour in class written exam at the student’s option. Enrollment will be limited to 20.
Spring 2008 John Rodkin

Business Planning
LAWS 62802 - 01 (2 to 3) +
This seminar develops and applies the student's knowledge of taxation and corporate and securities law in the solution of a series of transactional problems involving typical steps in business formation and rearrangement. The problems include the formation of a closely held company; the transition to public ownership of the corporation; executive compensation arrangements; the purchase and sale of a business; and mergers, tender offers, and other types of combination transactions. Small-group discussions and lectures are employed. The student must have taken (or be taking concurrently) Corporation Law and Taxation of Corporations I or receive instructor approval. The student's grade is based on a final examination; students may earn an additional credit by writing a paper on a topic approved by the instructors.
Winter 2008 Keith Crow
Winter 2008 Keith Villmow

Buyouts
LAWS 42602 - 01 (3) b
In this seminar we will examine going private transactions in which publicly held companies are acquired by private equity firms with the participation of the company's management or by controlling shareholders. This is an especially timely topic because management buyouts have become far more prevalent than they were in the past and controlling shareholder buyouts continue to be controversial. Both types of transactions raise conflict of interest issues because some of the company's directors or officers, who are ordinarily charged with obtaining as much as possible for public shareholders in a sale transaction, are instead attempting to buy the company for as little as possible. We will examine the methods that Delaware law has provided for dealing with these conflicts of interest, whether those methods are likely to be effective and whether other methods would be more effective. We will also look at a variety of other issues raised by buyouts, including why they occur, whether they are likely to be beneficial to shareholders in spite of the existence of conflicts of interest, the consequences to society of these transactions and whether there are antitrust issues raised by the manner in which private equity firms bid on these transactions. Finally, we will examine the role of the lawyers who are involved in buyouts. There will be one 20-page paper. Grades will be based on the paper and class participation. This class may be taken for substantial writing credit with instructor approval and the completion of a longer paper. The class size will be limited to 30.
Winter 2008 Scott Davis

Children and the Law
LAWS 45101 - 01 (3)
This course will examine how the law treats children and childhood in civil and criminal legal disputes. It will consider the status, rights and obligations of children when they appear either as actors or subjects in various social and public institutions (e.g., courts, schools, prisons, families and the workplace). We will explore these issues while considering the fundamental debate of juvenile law: how the legal system should strike the balance between protecting children, respecting parental rights and recognizing children as autonomous and fully accountable persons. There will be a take-home exam and 1-2 short reaction papers.
Autumn 2007 Margareth Etienne

Cicero's De Finibus and Hellenistic Ethics
LAWS 52401 - 01 (3) c/l, +
Cicero's dialogue De Finibus (On Ends) is his attempt to sort out the major arguments for and against the ethical theories characteristic of Epicureanism, Stoicism, and the "New Academy." It thus provides us with some of our best information about the views of these schools, as well as with critical arguments of great interest. We will read extracts from the dialogue in Latin, focusing on Epicureanism (Books I and II) and Stoicism (Books III and IV), and we will study the entire work in translation, along with relevant primary sources for the views of the schools (the surviving letters of Epicurus, central texts of Greek and Roman Stoicism). The course will thus aim to provide a solid introduction to the major ethical theories of the Hellenistic period. The course is open to all who have had five quarters of Latin, or equivalent preparation. Translation will always take place during the first hour, and students without Latin are invited to take the course for an R or audit, arriving after that time and doing all the readings in translation. In some cases Independent Study numbers may be arranged for students who want to do some of the course requirements (paper and exam essays) without Latin.
Winter 2008 Martha Nussbaum

Civil Litigation: Theory and Policy
LAWS 50402 - 01 (2)
In this seminar, students will analyze and debate the major policy issues in modern civil procedure, such as the theoretical bases of jurisdiction, the evolving role of judges, discovery and discovery abuses, settlement dynamics, and Alternative Dispute Resolution. Students will write 2-3 weekly short papers analyzing the class readings, and will be responsible for leading class discussion for the weeks in which they write their short papers. Grading will be based on the quality of the weekly papers, as well as on class attendance and participation.
Spring 2008 Jamelle Sharpe

Civil Procedure I
LAWS 30211 - 02 (3) 1L
Civil Procedure is offered in two parts. Part I meets in the Autumn Quarter and addresses the mechanics of civil litigation, with special reference to pleading, discovery, and trial, including the respective roles of judge and jury. Part II is offered in the Spring Quarter and focuses on the study of the power of particular courts to decide cases (subject matter jurisdiction); jurisdiction of the courts over the person or things before them; the scope and effect of judgments; principles of finality of judgments; and the rules governing joinder of claims and parties. The student s grade is based on an examination given at the end of each quarter.
Autumn 2007 Adam Samaha
Autumn 2007 Emily Buss

Civil Procedure II
LAWS 30221 - 02 (3) 1L
Civil Procedure is offered in two parts. Part I meets in the Autumn Quarter and addresses the mechanics of civil litigation, with special reference to pleading, discovery, and trial, including the respective roles of judge and jury. Part II is offered in the Spring Quarter and focuses on the study of the power of particular courts to decide cases (subject-matter jurisdiction); jurisdiction of the courts over the person or things before them; the scope and effect of judgments; principles of finality of judgments; and the rules governing joinder of claims and parties. The student s grade is based on an examination given at the end of each quarter.
Spring 2008 Jonathan Mitchell
Spring 2008 Diane Wood

Civil Rights Clinic: Police Accountability
LAWS 90913 - 01 (var) a, +
The Police Accountability Project (PAP) is a start-up project that began in Fall 2000. The Project's goals are to enhance police accountability and improve police services in Chicago through a combination of litigation and non-litigation strategies. Through the lens of live-client work, students study the nature of police accountability and misconduct in Chicago and the primary challenges to improving police services. Together, we examine how and where litigation fits into broader efforts to improve police accountability and ultimately our criminal justice system. PAP provides legal representation to indigent victims of police abuse in federal civil rights cases, administrative proceedings, and a limited amount of state criminal litigation. The Project takes on cases that would not ordinarily be brought by the private bar, focusing on those that have potential to raise public consciousness and to facilitate reform. Students work on all aspects of PAP's litigation, from early case investigation and the filing of a complaint through all pretrial, trial, and appellate advocacy. In addition to its litigation activities, PAP has developed a number of programs and reform-oriented strategies in partnership with a diverse array of community, legal, and law enforcement groups. For example, PAP has formed a partnership with public housing residents in Stateway Gardens, a public housing community just a 10-minute drive away from the Law School, to address police accountability, service, and community relations issues. As with PAP's litigation activities, students are fully integrated into PAP's public education, policy reform, and community work. Students are also expected to develop and update PAP's project manual. Second-year students wishing to enroll in the Project are required [strongly encouraged] to take Evidence and Criminal Procedure I early in their second year. Constitutional Law III is also recommended. Third-year students are required to complete, prior to their third year, Evidence, Criminal Procedure I, either Pretrial Advocacy or Major Civil Litigation, and either the Intensive Trial Practice Workshop or Trial Advocacy. Enrollment in PAP is limited and preference will be given to students who have taken the Intensive Trial Practice Workshop and Pretrial Advocacy.
Autumn 2007 Craig Futterman
Autumn 2007 Jason Huber
Winter 2008 Craig Futterman
Winter 2008 Jason Huber
Spring 2008 Craig Futterman
Spring 2008 Jason Huber

Class Action Controversies
LAWS 93602 - 01 (2 to 3)
This seminar will address the legal principles that govern class action litigation in federal and state courts. The seminar will discuss the requirements of Rule 23, current issues and recent court decisions, legislative modifications to class action practice, constitutional principles applicable to class actions, and the legal, practical, and ethical issues that arise in class actions. Students will be evaluated based on class participation and their final option. Students have the option of submitting a seminar paper or taking an examination at the conclusion of the quarter. Students wishing to receive a third credit will need to submit additional written work.
Winter 2008 Michael Brody

Commercial Real Estate Transactions
LAWS 44801 - 01 (3)
This course examines the legal and business aspects of commercial real estate transactions, including purchase and sale contracts, choice of entity and tax considerations, condition of title and title insurance, survey, warranties, construction lending and construction contracts, and basic financing structures. The student's grade is based on a final examination.
Spring 2008 Jeff Leslie

Comparative Constitutional Design
LAWS 50102 - 01 (3) b
Recent attempts at constitutional reconstruction in Iraq and Afghanistan have called new attention to the problems of institutional design of constitutional systems. In this course we will examine the design and implementation of national constitutions. We will begin by reviewing the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth. These will include judicial review, presidentialism vs. parliamentarism, federalism, and the relationship of the national legal system to international law. The course concludes with an analysis of the factors that make constitutions endure. The basis for grading will be a series of short reaction papers and a mid-length research paper, totaling 25 pages.
Spring 2008 Tom Ginsburg

Comparative Perspectives on Contract Law
LAWS 94002 - 01 (2)
This seminar will explore the theoretical foundations of contract law by drawing on the approaches of different legal systems. The primary sources of comparison will be the Anglo-American common law tradition, the European civil law tradition, and theoretical writings from both systems. Topics will include contract formation, formal and substantive requirements for contract enforcement, and remedies. The seminar also will include a brief examination of the emerging impact of international organizations on contract law. Grades will be based on class participation and a series of short reaction papers.
Spring 2008 Robin Effron

Competition Policy in the European Community
LAWS 75402 - 01 (3)
This seminar provides an introduction to the law and practice of competition policy in the European Community. It will focus particularly on the economic reasoning underlying competition law in the European Community and differences with the United States. The course first focuses on the objectives of EC competition policy including its German foundations. It will then cover the major areas of EC competition law including cartels and the exemptions for cooperative behavior under Article 81 EC Treaty; abuse of dominance including essential facilities, tying, bundled rebates, and exclusive dealing under Article 82 EC Treaty; and mergers. It will also examine state aid policy under the EC treaty including the rationale for prohibiting state subsidies of industry and the application of state aid by the European Commission and EC Courts. The course will introduce students to the major EC cases, to a few important cases decided under national law, and to recent efforts to reform European competition law to make it more economics- and effects-based. Grade will be based roughly on a paper (25-30 pages).
Spring 2008 David Evans

Complex Corporate Litigation Management
LAWS 52512 - 01 (2 to 3) b
High stakes, high visibility corporate litigation creates the need for high quality legal reasoning. It also demands a large team of people with diverse skills and knowledge about such things as team management, economics and the marketplace, good public policy choices, the media and public response, the courts, a jury, the opposition, and the client, just to begin the enumeration. This seminar involves several case studies of litigated disputes involving hundreds of millions of dollars that galvanized the media. The case studies will include a California initiative to roll back auto insurance rates 20%, a corporate governance case involving billions in dividend payments, a class action with allegations of corporate "redlining," and a private attorney general lawsuit in the aftermath of a major natural catastrophe. Students will develop and apply their knowledge to examine critically litigation strategy decisions by all parties at the pre-trial, trial, appellate, and settlement phases of each litigation. Guest conversationalists may include a senior litigator, an expert witness, a company executive, a journalist, or a member of the judiciary. Students' grades are based on class participation and students' choice of either a paper or end of quarter examination. This class may be taken for substantial writing credit with prior instructor approval.
Winter 2008 Judith Mintel

Concluding Complex Business Transactions
LAWS 91522 - 01 (3)
This seminar will examine the role of the attorney in advancing client interests, balancing business risks and, in all other relevant respects, adding value in a variety of business contexts across a range of industries (e.g., finance, retail, energy, healthcare, and IT). Students will be presented with broad business objectives and parameters, and charged with structuring, negotiating, and concluding deals that best meet client needs while taking into consideration the constraints informed by differing positions of negotiation leverage. Through exposure to diverse transactions, students will encounter and learn to deftly handle recurring and customary practice challenges and pitfalls. In-class negotiations and written assignments (of the sort typically required in legal practice) will form an essential element of the seminar and of the student's grade (approximately 70 percent); performance on a take-home examination will form the balance of the student's grade (approximately 30 percent).
Autumn 2007 David Zarfes
Winter 2008 David Zarfes
Spring 2008 David Zarfes

Conflicts of Law
LAWS 41501 - 01 (3)
An inquiry into the adjudication of cases connected with more than one state, country, or other sovereign authority, principally through consideration of choice of law and the effect of prior adjudications. A student's grade will be based on a proctored final examination.
Winter 2008 Joseph Isenbergh

Constitutional Decision Making
LAWS 50202 - 01 (3) b
Students enrolled in this seminar work as "courts" consisting of five "Justices" each. During each of the first eight weeks of the quarter, the "courts" are assigned several hypothetical cases raising issues under either the Equal Protection Clause or the First Amendment's guarantee of freedom of speech and press. Each "court" must select in advance whether it will focus on equal protection or the First Amendment. All cases must be decided with opinions (concurring and dissenting opinions are, of course, permitted). The decisions may be premised on the "legislative history" of the amendment (materials on that history will be provided) and on any doctrines or precedents created by the "Justices" themselves. The "Justices" may not rely, however, on any actual decisions of the United States Supreme Court. The seminar is designed to give students some insight into the problems a justice confronts in collaborating with colleagues, interpreting an ambiguous constitutional provision, and then living with the doctrines and precedents he or she creates. Constitutional Law is not a prerequisite for participation in this seminar. Enrollment will be limited to three courts. Since the members of each court must work together closely under rigid time constraints, it is preferable for students to form their own complete courts. This course may be taken for fulfillment of the Substantial Writing Requirement.
Spring 2008 Geoffrey Stone

Constitutional Law I: Governmental Structure
LAWS 40101 - 01 (3)
This course analyzes the structure of American government, as defined through the text of the Constitution and its interpretation. The major subjects covered are the allocation of powers among the legislative, executive, and judicial branches; the function of judicial review; and the role of the states and the federal government in the federal structure. The student's grade is based on class participation and a final examination.
Autumn 2007 Alison LaCroix
Spring 2008 Gerald Rosenberg

Constitutional Law II: Freedom of Speech
LAWS 40201 - 01 (3) +
A study of the doctrine and theory of the constitutional law of freedom of speech. The subjects for discussion include advocacy of unlawful conduct, defamation, invasion of privacy, commercial speech, obscenity and pornography, offensive speech, symbolic expression, restrictions on the speech of government employees, restrictions on speech in schools and colleges, the relevance of free speech principles to museums and libraries, protest in public places, regulation of campaign expenditures and communications, freedom of the press as a distinct principle, and regulation of the electronic media. The student's grade is based on a final examination and class participation. Students who have completed Constitutional Law IV are ineligible to enroll in this course.
Winter 2008 Geoffrey Stone

Constitutional Law III: Equal Protection and Substantive Due Process
LAWS 40301 - 01 (3)
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are the constitutional law governing discrimination on the basis of race, gender, and other characteristics, and the recognition of individual rights not explicitly enumerated in the Constitution. Throughout, students consider certain foundational questions, including the role of courts in a democracy and the question of how the Constitution should be interpreted. The student's grade is based on a proctored final examination. The course may be limited in enrollment.
Winter 2008 David Strauss

Constitutional Law IV: Speech and Religion
LAWS 40401 - 01 (3) +
This course covers various aspects of the first amendment, with particular emphasis on freedom of speech and press, religious liberty, and religious establishments. It is recommended that students first take Constitutional Law I. Students who have completed Constitutional Law II are ineligible to enroll in this course. The student's grade is based on a take-home final examination.
Spring 2008 Adam Samaha

Constitutional Traditions in European Legal History
LAWS 91602 - 01 (2 to 3)
This seminar focuses on important constitutional concepts in European Legal History and also their impact on American constitutional history. The seminar examines the emergence, rise and also the historical change of constitutional foundations like the idea of fundamental rights, the rule of law, elections and majority rule, the idea of representation, the legitimacy of taxation or the concept of statehood. The seminar will be based on the reading of textual sources. Students are permitted to write a paper, but a final examination will also be offered as an option; class participation will also be factored into the grade.
Spring 2008 Andreas Thier

Contracts
LAWS 30511 - 01 (3) 1L
This course, offered over two sequential quarters, addresses the enforceability and interpretation of contractual arrangements, sanctions for their breach, and justifications or excuses for nonperformance. Special attention will be paid to the role of nonlegal sanctions in commercial relationships. The student's grade is based on a single final examination.
Winter 2008 Douglas Baird
Winter 2008 Julie Roin
Spring 2008 Eric Posner
Spring 2008 Douglas Baird

Copyright
LAWS 45801 - 01 (3) e
This course explores the major areas of copyright law, with special emphasis on how modern technology might challenge traditional copyright principles. Topics include copyright duration, subject matter, and ownership; the rights and limitations of copyright holders, including the fair use doctrine; remedies for copyright infringement; and federal preemption of state law. The student's grade is based on a final examination.
Spring 2008 Randal Picker

Corporate Environmental Behavior
LAWS 51802 - 01 (1)
This course will use corporate responses to climate change to examine the legal, economic, and social influences on firm environmental behavior. Environmental regulations impose more than $100 billion in costs per year on the economy. In addition, much private regulation of firm environmental behavior occurs in the shadow of public environmental laws. The course will draw on theoretical and empirical literature to explore the incentives for firms to comply with environmental laws, to participate in voluntary programs, to adopt environmental management systems, and to address environmental issues in corporate transactions. The implications for environmental law and policy will be explored. The course will include lecture and class discussion, along with mock negotiations in small group settings. The final grade will be based on class participation and performance on a written examination.
Autumn 2007 Michael Vandenbergh

Corporate Finance
LAWS 42501 - 01 (3) +
This course examines basic corporate financial matters, including valuation of securities and projects, portfolio theory, returns to risk bearing, the theory of efficient capital markets, the use and valuation of options and derivatives, and corporate capital structure. The course primarily focuses on the financial aspects of these matters rather than on any specific laws governing particular transactions, and the textbook is a basic business school corporate finance textbook. A student's grade is based on a proctored final examination. Students with substantial prior exposure to these issues (such as students with an MBA, joint MBA/JD, and undergraduate finance majors) are ineligible for the course.
Autumn 2007 David Weisbach

Corporate Finance, Behavioral Finance and Investments
LAWS 42601 - 01 (3)
This is an introductory course covering the basic economics of investments and corporate finance. It begins with usual fundamental topics in courses of this type such as the valuation of debt and equity securities, portfolio theory, the modern understanding of risk and the returns to risk bearing, the theory of efficient capital markets and its critics and a very brief and simple introduction to the valuation of options and derivatives. The course will pay particular attention to the new behavioral implications on these topics with attention to such innovations as prospect theory and other challenges and extensions to traditional finance theory. It then proceeds to provide an overview of the basic legal and financial principles of corporate finance including topics in capital structure. The course primarily focuses on the financial and economic aspects of these matters rather than on any specific laws governing particular transactions. The materials include Brealey and Meyers which is the basic textbook used in introductory courses of this type supplemented by readings covering the core behavioral finance insights. A student's grade is based on a final examination. Students with substantial prior exposure to these issues (such as students with an MBA, joint MBA/JD, and undergraduate finance majors) are ineligible for the course but may petition to take the course as a seminar with the usual paper writing commitment. This introductory course is intended to address the needs of law students without substantial experience in economics and mathematics and there is no requirement that students have background or competency with calculus or statistics.
Spring 2008 Andrew Rosenfield

Corporation Law
LAWS 42301 - 01 (3)
This course offers an introduction to the economic theory and basic legal principles governing the relationship among managers, investors, and creditors in business enterprises of all sizes. Grades will be based on class participation and a final examination.
Autumn 2007 M. Todd Henderson

Corporation Law
LAWS 42301 - 02 (4)
This course is an introduction to the law governing the modern business corporation. It focuses on both large and small firms and pays particular attention to mergers and acquisitions as well as the allocation of control among managers, boards of directors, and investors. The student's grade will be based on a proctored final examination.
Autumn 2007 Joseph Isenbergh

Courts, Judges, and Voting
LAWS 51202 - 01 (2 to 3)
This seminar examines courts and judges, and the votes that judges cast. Among the topics to be explored are: the question of exactly on what issues judges are to cast votes; how to aggregate the votes of numerous judges to determine precedent; norms governing the casting of votes, and the proper universe of factors that a judge may consider in determining how to cast a vote; the importance of ideology; the importance of panel effects; the role and importance of quorum rules and majority rule; and the propriety and desirability of deference to lower court judges and to judges and courts of other judicial systems. Final grades will be based upon a series of short reaction papers and class participation; students wishing to earn 3 credits must write an additional 10-12 page research paper.
Autumn 2007 Jonathan Nash

Criminal and Juvenile Justice Project
LAWS 67213 - 01 (var) a
The current focus of the Project is to provide quality legal representation to children accused of crime and delinquency. In that context, the Project seeks to expand the concept of legal representation to include the social, psychological, medical, and educational needs of our clients, including (but not limited to) developing alternatives to incarceration. The Project's other pedagogical goals involve developing pre-trial, trial and other lawyering skills; encouraging students to pursue public service careers and to make public interest work a part of their private practice; teaching students to apply and critically examine legal theory; and improving the system of justice and its relationship to the poor and to persons of color through litigation, legislative advocacy, and public education, including the development of policies and strategies for effective crime and violence prevention. The Project meets regularly for group case conferences and to discuss ethical issues, recent legal developments, and policy. Individual student-teacher conferences are frequent. Second-year students new to the Project are teamed with returning third-year students to foster collaboration and to ensure continuity in representation. The Clinic social worker and social work students are actively involved in many of the cases and activities. Students may be expected to interview clients and witnesses; inspect crime scenes; conduct fact investigations; participate in relevant community, professional and bar association activities; and prepare motions, briefs, memoranda, and other pleadings. Third-year students may also be expected to appear in court at status hearings, argue contested motions, present legal issues, negotiate with opposing counsel, and, depending on the case and the client-student-faculty assessment, participate in the representation of the client at trial. All students are encouraged to work collaboratively, creatively, and across disciplines in both direct representation and policy initiatives. Second-year students wishing to enroll in the Project are strongly encouraged to enroll in Evidence early in their second year. Other strongly recommended courses include Criminal Procedure, Juvenile Justice, and Legal Profession. Third-year students are required to complete, prior to their third year, Pretrial Advocacy and either the Intensive Trial Practice Workshop or Trial Advocacy. The credit awarded to this seminar is governed by the new rules for credit for clinical work: academic credit varies and will be awarded according to the Law School's general criteria for clinical courses as described in these Announcements and by the approval of the clinical staff. Enrollment in the Project is limited, and preference will be given to students who have taken the Intensive Trial Practice Workshop and Pretrial Advocacy.
Autumn 2007 Herschella Conyers
Autumn 2007 Randolph Stone
Winter 2008 Herschella Conyers
Winter 2008 Randolph Stone
Spring 2008 Herschella Conyers
Spring 2008 Randolph Stone

Criminal Justice and Cyber Law
LAWS 68302 - 01 (3) b
This seminar addresses the law of cyberspace with heavy emphasis on criminal law and criminal procedure as it relates to computers and the Internet. Procedural aspects focus on understanding and integrating the different laws and the Fourth Amendment as they relate to gathering information for litigation. Substantive law aspects will focus on cyberstalking, child pornography, defamation, and privacy. The seminar requires one major paper and an Internet ego-surfing assignment. Enrollment is limited to 20. This seminar may be taken for fulfillment of the Substantial Writing Requirement.
Spring 2008 Abigail Abraham

Criminal Law
LAWS 30311 - 02 (3) 1L
This course, offered over two sequential quarters, addresses the doctrines of criminal liability and the moral and social problems of crime. The definitions of crimes and defenses are considered in light of the purposes of punishment and the role of the criminal justice system, including police and correctional agencies. The student's grade is based on class participation and a single final examination.
Autumn 2007 Jonathan Masur
Autumn 2007 Richard McAdams
Winter 2008 Margareth Etienne
Winter 2008 Richard McAdams

Criminal Procedure I: The Investigative Process
LAWS 47201 - 01 (3)
The course focuses on the constitutional law that governs searches, seizures, and confessions. The course considers in detail the evolution of the exclusionary rule and the development and administration of the probable cause and warrant requirements. It also examines stop and frisk, administrative searches, searches incident to arrest, vehicle searches, consent searches, and the admissibility of confessions. The student's grade is based on a final examination.
Autumn 2007 Susan Bandes

Current Controversies in Corporate and Securities Law
LAWS 52202 - 01 (3) b
This seminar deals with the most important developments in U.S. (and to some extent global) corporate and securities practice during the preceding year. The course and discussions provide analysis of the legal, political, and economic implications of these Developments. Each student submits one paper and gives an oral presentation and analysis of another student's paper.
Winter 2008 Richard Shepro

Decisionmaking: Principles and Foundations
LAWS 75101 - 01 (3) e, c/l
Individuals, particularly those in leadership positions, are often called upon to make decisions on behalf of others. Such decisions are made in both the public and private spheres and can have enormous influence both on individual lives and on public policy. Lawyers are often called on either to make important decisions themselves or to give counsel to people who make them. The way in which individuals are judged often turns on a handful of decisions they make over the course of their lives, and the way they make these decisions has been the focus of thinkers from Thucydides and Aristotle to Bentham and Kant. It has also been a recurring theme in literature and much of modern economics. The course offers a rigorous study of how philosophers and others have examined these questions, and the tools they have used, including those from behavioral economics and game theory. Included will be discussion of moral dilemmas and of some of the more common pathologies of decision-making: akrasia, self-deception, blind obedience to authority. A student's grade is based on a take-home exam or a major paper.
Spring 2008 Douglas Baird
Spring 2008 Martha Nussbaum

Divorce Practice
LAWS 93202 - 01 (3) b
This seminar provides an exposure to the dynamic process of representing clients in a dissolution of marriage case. Completion of Family Law is recommended. The seminar will familiarize you with the complexities that arise when a family is divided and wife and husband are dissolving their marriage. Topics are covered in the sequence of an evolving case from the perspective of a practicing lawyer and include initial client interviews and retention, determination of jurisdiction, interstate and international parental kidnapping, domestic violence, temporary and permanent child custody and visitation, temporary and permanent maintenance for spouse and support for children, awards of attorneys' fees and costs, exploration of property rights and factors for determining a division, the valuation process and problems in dividing certain types of property, pre- and post-marital agreements; pretrial discovery, preparation for trial, common evidentiary issues, federal tax aspects of marital dissolution, and effects of bankruptcy. Fifty percent of the student's grade is based on class participation, and fifty percent is based on the drafting of court pleadings and legal memoranda. Completion of this seminar counts for fulfillment of a substantial writing requirement.
Autumn 2007 Donald Schiller

East Asian Law
LAWS 80901 - 01 (3) b
This course will cover the East Asian legal tradition, primarily but not exclusively focusing on China and Japan. East Asia is well-known for its remarkable economic development in recent decades, but has also been the home of a long tradition of thinking about law in a way that differs from the assumptions of Western liberal democracy. The course begins by exploring this tradition, and then traces the history of legal institutions in the region, focusing on the encounter with Western legal systems beginning in the 19th century. We will then analyze the major institutions of criminal, civil and administrative law in postwar East Asia and their recent transformations. The focus of this course is not on particular areas of doctrine, but on the ideas and institutions that make East Asia distinctive. Grading will be on the basis of a take-home exam or research paper at the students discretion.
Spring 2008 Tom Ginsburg

Economic Analysis of the Law
LAWS 73201 - 01 (3) e
This course introduces the concepts of law and economics. Over the last forty years, economics has become an important tool for those who want to understand the effect legal rules have on the way people behave. This course also explores the extent to which the principles of economics can be used to explain the workings of the legal system itself. The topics covered in this course include the Coase theorem, the choice between property and liability rules, the allocative effects of alternative liability rules (e.g., strict liability versus negligence), the determination of damages for breach of contract, and the economics of legal procedure. No prior acquaintance with economics or calculus is assumed; the relevant economic concepts are developed through an examination of particular legal applications. The student's grade is based on a final examination.
Spring 2008 William Landes

Education and Moral Psychology
LAWS 52301 - 01 (3) c/l, +
This seminar will study some classic works in the philosophy of education, asking what account of children they articulate and how their educational proposals are connected both to psychological analysis and to normative ethical and political ideas. Included will be philosophers such as Plato, Aristotle, the Greek and Roman Stoics, Rousseau, Kant, J. S. Mill, Dewey, and Rabindranath Tagore, but also thinkers about childhood and education who were not professional philosophers, such as Friedrich Froebel, Johann Pestalozzi, Maria Montessori, and Donald Winnicott. We will ask about how education is related to important goals of the personal life, such as happiness and autonomy, but also how it is related to important goals of a shared political life, such as mutual respect and compassionate attention to human need. Enrollment limited to 25. Permission of the instructor required, and this should be sought in writing (email) by September 20. A minimum prerequisite is an undergraduate major in philosophy or the equivalent course work in philosophy.
Autumn 2007 Martha Nussbaum

Education Law
LAWS 52201 - 01 (3)
This course surveys Supreme Court decisions and education policy in the United States. The course examines the intersection of law, education and society, studying integration, religion in schools, freedom of expression, special education, search and seizure, sexual harassment, and affirmative action. Students will be graded on a series of short research papers and class participation.
Winter 2008 Michele Goodwin

Electronic Commerce Law
LAWS 61802 - 01 (3) b
This seminar focuses on both the technology involved in electronic commerce and the law surrounding the emerging field. Electronic commerce is growing at an exponential rate. As more of our daily commercial lives are lived through use of computers, decisions must be made: will existing law treat e-commerce no differently than any other kind of commerce, or must new laws emerge to take into account some of the radical new transactions and complications? The seminar will begin with an overview of the history and infrastructure of the Internet, setting the groundwork and providing students with a working knowledge of the terminology and technology they will likely encounter working in this legal field. Additional background discussion will involve the concept of regulation of the Internet, global vs. national perspectives on the law of the Internet, and conceptions of sovereignty. Topics will be dictated by the needs of the moment, but will potentially include electronic contracts, digital signatures, the application of traditional UCC doctrines such as the mailbox rule and the statute of frauds to e-commerce, Internet sales of highly regulated goods (such as alcohol, firearms, pharmaceuticals), the domain name system and its relation to trademark law, trade-related issues such as consumer fraud/protection and product disparagement, sales taxation, Internet and business method patents, digital cash/smart cards, digital checks, electronic securities law, Internet gambling, commercial privacy, and e-commerce in gray and black markets. Time permitting, we may also explore the relationship of international law to e-commerce, the effect of e-commerce concepts on commercial litigation, and export control laws involving cryptography. Topics not covered in the seminar will be suitable for papers. Enrollment is capped at 20. Students may either take the seminar for writing credit, requiring a substantial paper, or may write a shorter paper and make a presentation to the class at the end of the quarter.
Spring 2008 Marsha Ferziger Nagorsky

Elements of the Law
LAWS 30101 - 01 (3) 1L
This course examines certain issues that occur in many different areas of the law and considers the relationship between these issues and comparable questions in other fields of thought, such as moral and political philosophy, economics, and political theory. The subjects for discussion include the nature of, and justification for, reasoning from precedent; the meaning of such notions as consent, coercion, and voluntary choice; the decision whether to impose rules or allow discretion; the problems of interpreting statutes and other authoritative texts; and the objective or subjective nature of moral judgments. The student's grade is based on a proctored final examination.
Autumn 2007 David Strauss
Autumn 2007 Cass Sunstein

Emotion and the Law
LAWS 99401 - 01 (2)
The emerging field of emotion theory lies at the intersection of several disciplines that study human behavior, moral thought, and decision-making, including philosophy, psychology, sociology, political science, anthropology and neuroscience. In the last decade or so, legal scholars have become increasingly interested in emotion theory and the implications of research on emotion in a range of disciplines for legal decision-making and legal institutions. This course will begin by considering the definitional issue: what is meant by the term emotion? It will then turn to recent work in cognitive neuroscience on the role emotion plays in cognition (particularly in social and moral judgment), to the current focus in sociology and psychology on group emotion, emotional contagion, and emotions in institutional contexts, and to the philosophical literature on emotion and reason. Throughout, the focus will be on the significance of these issues for legal institutions. The most salient examples come from criminal law (e.g. the heat of passion defense, anti-sympathy instructions, the role of mercy or vengeance, shaming punishments). However, the perspective of this course is that assumptions about emotion, how it affects human behavior, and how it can be regulated pervade not just criminal but civil law, and that emotion influences the decisions of judges, legislators and other legal actors, as well as lay actors like jurors. The challenge is determining which emotions belong in which legal contexts, and how legal institutions ought to channel or regulate emotion to achieve institutional goals. Readings will come from The Passions of Law (Susan A. Bandes ed. 2000) and from articles by a wide range of scholars. In addition, two guest speakers will address the class on their empirical research on emotion and law. The grade will be based on a series of short reaction papers and class participation.
Spring 2008 Susan Bandes

Empirical Law and Economics
LAWS 73302 - 01 (3)
This seminar evaluates recent empirical work in the field of law and economics. Topics include discrimination, affirmative action, judicial discretion, consumer finance, corporate reorganization, crime, and tort law. Students will develop skill in critiquing the theory motivating empirical inquiry, the data chosen for analysis, and the statistical methodology employed. This skill is useful to budding academics. It is also valuable to aspiring litigators, who are likely to interact with expert witnesses making empirical claims. Grades will be based on class participation, weekly reaction papers (not exceeding 3 pages), a short research paper (not exceeding 15 pages) that proposes an empirical project, and in-class presentation of the research paper. Students may work together (in groups of two or three) on the draft and presentation of the research paper.
Spring 2008 Edward Morrison

Employment Discrimination Law
LAWS 43401 - 01 (3)
This course provides an introduction to U.S. employment discrimination law. The emphasis is on analysis of race and sex discrimination under Title VII of the Civil Rights Act of 1964, but there is some coverage of other statutes and forms of discrimination, including disability discrimination under the Americans with Disabilities Act. Attention is devoted throughout to the relationship between current doctrine and leading theories of the wrong of discrimination and the nature of race, sex, and other forms of social difference. Topics will include both established categories of discrimination disparate treatment, disparate impact, harassment, failure to accommodate and their application to areas of current controversy, such as discrimination based on language or caregiving responsibilities. The student s grade will be based on a take-home final examination and on class participation.
Winter 2008 Noah Zatz

Employment Discrimination Project
LAWS 67113 - 01 (var) a
Randall D. Schmidt and his students operate the Clinic's Employment Discrimination Project. The Project focuses primarily on pre-trial litigation. In individual cases, the Project represents clients in cases before the Illinois Department of Human Rights ("Department" ) and the Illinois Human Rights Commission ("Commission" ) and seeks to obtain relief for clients from race, sex, national origin, and handicap discrimination in the work place. Additionally, in its individual cases and law reform/impact cases, the Project seeks to improve the procedures and remedies available to victims of employment discrimination so that complainants have a fair opportunity to present their claims in a reasonably expeditious way. To accomplish this goal, the Project, in addition to litigation, is also active in the legislative arena and participates with other civil rights groups in efforts to amend and improve the Illinois Human Rights Act. Second-year students in the Project can expect to handle several cases individually and "second chair" other cases along with third-year students. Second-year students will autonomously handle cases that the Department is investigating. In these cases, students interview clients and witnesses, assist in the preparation of written briefs and memoranda explaining why the client was the victim of discrimination, and represent clients at informal hearings before the Department. Second- and third-year students will jointly handle cases in the Commission and at various pre-trial stages. They will be involved in discovery (drafting requests, responding to the employer's discovery, reviewing the information produced in discovery, etc.) and pretrial preparation (i.e., interviewing witnesses, drafting the pretrial memorandum, etc.). Second-year students will be given the opportunity to attend status hearings and hearings on contested motions, along with the third-year student assigned to the case. Moreover, if the case goes to trial, the second-year student will be actively involved in all phases of trial preparation and will attend the trial. Third-year students in the Project are assigned cases that are awaiting trial in the Commission. In these cases, third-year students attend status conferences, argue contested motions, engage in discovery, negotiate with the employer, and prepare the case for trial. If the case goes to trial, the third-year student will be expected to be the lead attorney on the case. The Project also handles, or is otherwise involved in, several appeals each year. Both second- and third-year students work on these appeals researching and drafting appellate briefs. If possible, third-year students present the oral arguments in the appeals. It is suggested, but not required, that all students in the Employment Discrimination Project take the Employment Discrimination course. Third-year students participating in the Employment Discrimination Project are required to take Evidence. Third-year Students are strongly encouraged to take, prior to their third year, Pretrial Advocacy and either the Intensive Trial Practice Workshop or Trial Advocacy. Enrollment in the Employment Discrimination Project is limited and preference will be given to students who take Pretrial Advocacy and the Intensive Trial Practice Workshop. The student's grade is based on class participation. The credit awarded to this seminar is governed by the new rules for credit for clinical work. Academic credit varies and will be awarded according to the Law School's general criteria for clinical courses as described in the Law School Announcements and by the approval of the clinical staff.
Autumn 2007 Randall Schmidt
Winter 2008 Randall Schmidt
Spring 2008 Randall Schmidt

Entrepreneurship and the Law
LAWS 61902 - 01 (2)
This seminar introduces students to the lawyer s role in representing entrepreneurs. The seminar focuses specifically on micro-enterprises, but generally applies to larger businesses as well. The initial part of the course explores economics and theory of entrepreneurship, as well as the constitutional and regulatory contexts in the U.S. The seminar then surveys fundamental legal questions that affect entrepreneurship. Topics covered include choice of entity, intellectual property, employment, and business strategy. Throughout the course, students will analyze strategies for counseling entrepreneurial clients and reflect on actual business documents such as limited liability company operating agreements, leases, or non-competition agreements. This seminar is a prerequisite for participation in the Institute for Justice Clinic on Entrepreneurship by 2Ls and a co-requisite for participation by 3Ls. Students' grades will be based on active participation, short papers, and other writing assignments.
Autumn 2007 Elizabeth Milnikel
Autumn 2007 Emily Satterthwaite

Environmental Law
LAWS 46001 - 01 (3)
This course provides an introduction to the role of legal institutions in resolving environmental resource conflicts and dealing with the health and ecological risks generated by industrialization. The resolution of environmental problems through private litigation, federal regulation, economic incentive systems, and judicial review of administrative decisions is examined. Final grades will be based upon performance on a final examination and on class participation.
Autumn 2007 Jonathan Nash

Environmental Law
LAWS 46001 - 01 (3)
This course provides an introduction to the role of legal institutions in resolving environmental resource conflicts and dealing with the health and ecological risks generated by industrialization. The resolution of environmental problems through private litigation, federal regulation, economic incentive systems, and judicial review of administrative decisions is examined. A student's grade will be based on a final examination.
Spring 2008 Cass Sunstein

European Legal History
LAWS 91901 - 01 (3)
This survey course examines major tendencies and most important events in European Legal History. The course begins with the codification of Roman Law by emperor Justinian and the emergence of Germanic law during the migration period and moves forward to the 20th century. The course covers subjects as the emergence of jurisprudence in the middle ages and the structures of the ius commune, the reception of Roman Law, the spread of humanistic jurisprudence, the rise of natural law, the codification movement and the totalitarian challenges to law in the first half of the 20th century. Students grade will be based on a take home examination and class participation.
Spring 2008 Andreas Thier

European Union Law I: Constitutional & Institutional Framework
LAWS 75201 - 01 (2)
This seminar will cover the basic constitutional structure of the European Union. We will first study the framework of the EU to understand how the various institutions interact. Next we will examine how the EU s legal system works within the community of Europe, with particular emphasis on the issues of sovereignty and supremacy. What legislative powers does the EU have? What are the member states obligations to the EU? Do member states have recourse against the EU and each other? Lastly, we will consider the global role of the EU, including its relations with the ICJ, WTO and NAFTA. The seminar will end with a proctored final examination.
Winter 2008 Elizabeth Duquette

European Union Law II: Current Legal and Political Problems
LAWS 75301 - 01 (3) +
In this seminar, we will discuss current legal and political problems of the European Union. We will study the role international law plays in the EU s legal system, the evolution of its human rights law, and the impact of the EU s common foreign and security policy. As the EU enlarges, it faces new political and legal challenges, which provide opportunity for discussion and forward-looking analysis. We will examine the perceived need to change the constitutional structure of the EU and consider the political impact a new constitution might have on the member states. The student's grade will be based on a series of short research papers and class participation. European Union Law I, or its equivalent, is a prerequisite for this seminar.
Spring 2008 Elizabeth Duquette

Evidence
LAWS 41601 - 01 (3)
This course examines the law governing proof of disputed propositions of fact in criminal and civil trials, including relevance, character evidence, the hearsay "rule" and other rules of exclusion, and examination and privileges of witnesses. The student's grade is based on a proctored exam.
Winter 2008 Emily Buss
Spring 2008 Geoffrey Stone

Evolution of Legal Doctrines
LAWS 65302 - 01 (3) b
Legal doctrines have life cycles. They are born and mature. Many doctrines fade and die. There is a form of natural selection among doctrines, with several candidates offering to serve the same function in different ways. This seminar looks at the maturation and replacement of doctrines, posing the question why some die and others survive. Scope is eclectic: the doctrines range from separate but equal under the equal protection clause to the original package doctrine under the commerce clause, from the appointment of counsel under the Sixth Amendment to the understanding of the Rules of Decision Act (that is, why Swift gave way to Erie). The premise of the seminar is that those who fail to learn from the past are condemned to repeat it. This seminar may be taken for fulfillment of the Substantial Writing Requirement.
Autumn 2007 Frank Easterbrook

Exoneration Project
LAWS 67413 - 01 (1) a
The Law School, the Clinical Programs, the law firm of Loevy & Loevy, and the Truth and Justice Project are pleased to announce the start of a new clinical program: The Exoneration Project. The Exoneration Project will begin in January 2008 and will provide representation to clients who are asserting their actual innocence in state and federal court. Students in the Project will be involved in all aspects of the case from initial case selection through investigation and litigation. This new clinical project is open to all 2L’s and 3L’s who are not currently in and have not been in any other clinical project. It is expected that the project will take 8-10 students in January. A preference will be given to 3L’s who have not been in a clinical program and who are on the waiting lists of the various clinics. A special lottery will be conducted for all interested students. Students selected for this project will receive credit for the work they do in accordance with the credit rules for all other clinical programs.
Winter 2008 Russell Ainsworth
Winter 2008 Gayle Horn
Winter 2008 Jon Loevy
Winter 2008 Tara Thompson
Spring 2008 Tara Thompson
Spring 2008 Jon Loevy
Spring 2008 Gayle Horn
Spring 2008 Russell Ainsworth

Family Law: Selected Topics
LAWS 45002 - 01 (3)
This seminar will focus on the law surrounding intimate relationships between adults. In particular, we will focus on the institution of marriage and its changing scope and social meaning, the financial consequences of ending these relationships, and the division between parents of the care and support of children. Grades will be based on class participation and on several short papers written during the quarter.
Winter 2008 Emily Buss

Federal Criminal Law
LAWS 46501 - 01 (3)
This course examines the substance and structure of federal criminal law. It focuses on four topics: (1) federal jurisdiction over crime; (2) crimes that enlarge the scope of federal criminal law such as the Hobbs Act and mail fraud; (3) crimes that target organizations such as RICO; and (4) other federal offenses, such as bribery of public officials and drug trafficking. If time permits, an important aspect of sanctions in the federal system, asset forfeiture, will be discussed. The student's grade will be based on a final examination.
Winter 2008 Thomas Miles

Federal Criminal Practice
LAWS 47502 - 01 (3)
This course, taught by two Assistant United States Attorneys in Chicago, will expand students’ knowledge of the scope and application of federal criminal law, and will challenge students to think and act as practicing prosecutors and defense attorneys. The course will review five major areas of federal criminal law: (1) the role and scope of the federal criminal system; (2) narcotics and money laundering prosecutions; (3) the use of informants; (4) public corruption and mail fraud; and, (5) racketeering. Students will gain a working knowledge of the relevant case law on these topics, and will also review real cases prosecuted in federal court in the Northern District of Illinois. This course is unique in that it will incorporate a practical component into the last four of these subject areas. First, after we lecture one week on federal narcotics laws, students will spend the following week writing and arguing a motion to suppress based upon a narcotics fact pattern we provide. (We will divide the course evenly between prosecutors and defense attorneys.) Second, after we teach the public corruption/mail fraud topic, students will be required to submit and then argue a motion to dismiss an indictment. Third, in connection with the racketeering unit, students will give a short closing argument. Fourth, after discussing the use of cooperators and informants, students will either direct or cross examine a typical cooperating witness. Students will submit for grading all four written exercises (i.e., motion to suppress, witness examination outline, motion to dismiss and closing argument outline), and will present or argue two of these assignments. These four written and two oral exercises will provide most of the basis for their grade. Because of the practical component, class size will be strictly limited to 12 students.  The four writings, up to ten pages each, will form the basis for 50% of each student’s grade. The practical exercises will form the basis for 20% of each student’s grade. Lastly, to foster discussion on every topic covered, class participation will comprise 30% of each student’s grade.
Autumn 2007 Lisa Noller
Autumn 2007 Daniel Rubinstein

Federal Habeas Corpus
LAWS 58502 - 01 (2 to 3)
We will cover the history of the Great Writ and the evolution of the scope of federal habeas corpus review and relief; the Suspension Clause; habeas review in capital cases including stays of execution; alternatives to habeas review; state post-conviction proceedings; and jurisdictional issues in both the trial and appellate courts. There will be an emphasis on habeas review under the Antiterrorism and Effective Death Penalty Act, which will be particularly helpful for students taking federal judicial clerkships. Grades are based on a proctored final examination. For students taking the 3 credit option a short paper is required.
Spring 2008 Jonathan Mitchell

Federal Jurisdiction
LAWS 41101 - 01 (3)
The role of the federal courts in the federal system. Topics will include federal question jurisdiction, litigation against federal and state governments and their officials, abstention and related doctrines, direct and collateral review of state-court decisions, standing and other justiciability doctrines, and congressional control of the jurisdiction of the federal courts. Constitutional Law I is recommended, but not required. The student's grade is based on a proctored final examination.
Winter 2008 Susan Bandes

Federal Jurisdiction
LAWS 41101 - 01 (3)
The role of the federal courts in the federal system. Topics will include federal question and admiralty jurisdiction, litigation against federal and state governments and their officials, abstention and related doctrines, direct and collateral review of state-court decisions, standing and other justiciability doctrines, and congressional control of the jurisdiction of the federal courts. Constitutional Law I is recommended, but not required. The student's grade is based on class participation and a final examination.
Spring 2008 Adam Mortara

Federal Regulation of Securities
LAWS 42401 - 01 (3) +
This course covers the basic economic and legal principles of public equity markets. We will look at the public offering (IPO) and private placement process in some detail, paying special attention to the key securities statutes and the complex rules issued by the Securities and Exchange Commission. We will also examine the basic principles of trading, including tender offers, private securities actions, and damages. The economics of finance and capital markets is employed to assist the analysis. Corporation Law is a prerequisite, although it may be taken concurrently. Grades will be based on class participation and a standard final examination.
Winter 2008 M. Todd Henderson

Federal Sentencing: Balancing Judicial/Prosecutorial Discretion
LAWS 47602 - 01 (3)
The Supreme Court has dramatically changed the federal sentencing landscape in recent years, making federal sentencing the least settled and most dynamic area of federal criminal jurisprudence. This seminar examines the recent federal sentencing revolution in the context of the history of federal sentencing. We will study the Federal Sentencing Guidelines and recent Supreme Court cases that struggle to define the Guidelines' proper role in sentencing, including two cases that will be argued before the Supreme Court this term. A central focus of the seminar will be the ongoing struggle to balance judicial discretion and prosecutorial discretion, and the fundamental tension this creates between the executive branch and the judiciary. The seminar will also focus on the quest to reduce disparities in sentencing, and on whether this quest conflicts with the goal of individualized sentencing. Seminar materials are varied and include Supreme Court and lower court cases, the Federal Sentencing Guidelines, law review articles, Sentencing Commission studies and reports, and Department of Justice internal directives. Various guest speakers will visit class, including a number of federal district court judges. Students will be expected to complete several practice-oriented research and writing assignments based on actual federal cases, including sentencing submissions written from both the defense and prosecution perspective. Students will also be asked to write a proposed opinion in one of the upcoming sentencing cases that will be argued before the Supreme Court this term. This course will require a total of 20-30 pages of writing. Students will be graded based on their written submissions and class participation.
Autumn 2007 Alison Siegler

Federalism and Globalization: Insurance Regulation of Modern Financial Services
LAWS 92002 - 01 (2 to 3) b
This seminar, taught by the former Illinois insurance commissioner, will study the state of insurance regulation today, will be organized around the question of whether Congress should create a federal insurance regulatory scheme, and will involve theoretical and practical discussions of federalism, politics, and markets. Although insurance is interstate commerce, the McCarran-Ferguson Act of 1945 delegates its regulation to the states, making it the only major industry without federal administrative oversight. With the passage of the Gramm-Leach-Bliley (Financial Services Modernization) Act of 1999 and the formation of the House Financial Services Committee, Congress is taking an integrated approach to the financial services marketplace and evaluating whether state regulation of insurance is consistent with the regulatory goals of market efficiency and consumer protection. Readings will include statutes, legislative history, case law, and expository writing on the subject. Grades will be based short weekly papers (2 credits), with the option of doing a long research paper or adding a short research paper to the weekly papers (for three credits). The substantial writing requirement may be satisfied. Attendance is required and particularly helpful participation may be a factor in the final grade.
Winter 2008 Nathaniel Shapo

Feminist Jurisprudence
LAWS 70501 - 01 (3) b
This course considers ways in which law and legal theory may affect the realization of the equality of the sexes and the rights of women. The readings include a broad range of scholarly writings. The grade is based on class participation and a final examination or major paper.
Autumn 2007 Mary Anne Case

Financial Accounting for Lawyers
LAWS 79101 - 01 (2)
This mini-course provides an introduction to the analysis and communication of economic events through the accounting process. Students learn skills necessary to become informed users of financial statements. The majority of the course focuses on the functions of financial reporting, the elements of the financial reports, procedures, conventions, and terminology. The primary focus of this course will be on the main elements of a company s annual report: Balance Sheet, Income Statement, Statement of Cash Flow, Statement of Shareholder s Equity, and the related footnotes to these statements. Students will also learn basic financial statement analysis techniques, with an emphasis on determining the quality of earnings. Basic principles of valuation will be covered, including the time value of money, the discounted dividends and residual income models, and ratio analysis. Time permitting, the course will conclude with an investigation of the application of accounting fundamentals in the legal setting as well as the legal responsibilities of the accountants, lawyers, audit committees, and the Board of Directors. The student s grade is based on class participation, homework assignments, and a take-home final examination. The class will be graded on a pass/fail basis. Students may not take this class and Legal Elements of Accounting (79102).
Spring 2008 Kathleen Fitzgerald

Food and Drug Law
LAWS 94501 - 01 (3) b
This course explores federal regulation of products subject to the jurisdiction of the Food and Drug Administration (FDA). These products include food, human prescription and nonprescription drugs, animal feed and drugs, biologics and blood products, medical devices, and cosmetics. The course examines the public policy choices underlying the substantive law, FDA enforcement power, and agency practice and procedure. The course covers such contemporary issues as expediting approval of AIDS and cancer drugs, importing drugs from abroad, compassionate use of experimental products, requiring adequate consumer and professional labeling for FDA-regulated products, and the relationship among international, federal, and state regulatory requirements. A prior course in Administrative Law is desirable but not a prerequisite. A student s grade will be based on a major paper, which may be used to fulfill a substantial writing requirement.
Spring 2008 Anup Malani

Foreign Relations Law
LAWS 97801 - 01 (3)
This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as ongoing controversies regarding individual rights during wartime, the post-September 11 war on terrorism and the war in Iraq. The grades will be based on a proctored final examination.
Winter 2008 Jide Nzelibe

Genetic Property and the Law
LAWS 66202 - 01 (3)
This course examines the common law evolution of property concepts in the body and the corresponding policy implications. This course surveys the law and public policy applicable to legal delegations and definitions of the human body and its constituent parts. The course canvases tort law to understand the jurisprudence of body part ascriptions and debates whether any normative frameworks can be understood from that jurisprudence. The course analyzes the biotechnological developments that rely on human genetic material, including stem cell studies, cryopreservation of reproductive materials, reproductive surrogacy, organ sales, and the acquisition, reprocessing and redistribution of human tissues. Questions that will guide the course include studying who owns the body and how such determinations can/should be made; whether and what legal remedies should exist for the misappropriation of body parts; whether and under what circumstances the state might be (or should be) the presumptive beneficiary of bodies upon their death; and under what circumstances and why the body is considered sacred. This class will examine whether remedies should exist for the nonconsensual appropriation of genetic material, and whether those materials should be treated as property, a product, or a mere possession. Students will be graded on class participation, discussion papers, and final paper.
Autumn 2007 Michele Goodwin

Globalization
LAWS 73902 - 01 (3) b
This seminar explores the phenomenon of globalization from the point of view of ordinary people in the developing world, particularly in Africa. Most of the recent studies of globalization have been written by or about bankers, lawyers, or bureaucrats. They focused on broad trends like capital flows in and out of developing economies, the role of the IMF and the World Bank in promoting market reforms, or the promotion of Western-style democracy. The focus has been on the macroeconomic or broad political effects of globalization, and the point of view is typically that of people and governments in the West. These studies are important, but they leave out the impact of globalization on the day-to-day lives of real people, particularly people in Africa. We will begin by looking at the most common accounts of globalization. Once we have worked through the traditional arguments in favor of globalization, we will broaden the inquiry in an attempt to determine what an accurate account would look like. We will focus on ordinary people in the developing world and start to ask how to determine what globalization feels like or looks like to them. Before moving to specific examples, we must consider the extent to which (and even whether it is possible at all) for students in the West to know or understand what globalization feels like to people in the developing world. What sources of information are appropriate, necessary, or sufficient? How much information is necessary? How localized should the inquiry be? We will then move on to examine a series of specific topics. Our goal will be to use these specific examples to explore the component parts of globalization and its impact on local people. A student s grade will be based on a major paper and class participation.
Autumn 2007 Patrick Keenan

Greenberg Seminar: New Books on Foreign Relations
LAWS 95912 - 01 (1) a
In this seminar, we will read and discuss contemporary books on foreign relations. We will choose books as we go along, mainly on the basis of topicality. The first book is The Israel Lobby and U.S. Foreign Policy, by John J. Mearsheimer and Stephen M. Walt. Limited to 12 students.
Autumn 2007 Tom Ginsburg
Autumn 2007 Eric Posner

Greenberg Seminar: Reading for the Election
LAWS 95942 - 01 (1) a
This Greenberg Seminar will focus on books or other expressions of ideas that are of special interest as the Presidential Election comes into sight. For example, we will talk about a controversial book dealing with ignorant voters and "The Myth of the Rational Voter," and another, "The Political Brain," on playing with emotions in politics. Other evenings (for Greenberg Seminars always meet in the professors' living room) might be spent with currently circulating theories that are less directly related to the coming election, but we will try to tie ourselves to that ongoing event. We will meet five times over the course of the Fall and Winter. Books to be provided. Please do not register for this Seminar if you cannot make meetings on October 11 & 25, November 8, January 10 & 31 and February 21.
Autumn 2007 Saul Levmore
Autumn 2007 Julie Roin

Greenberg Seminar: Risk
LAWS 95932 - 01 (1) a
Life is a series of risky bets, from the obviously momentous (buying a house, choosing an occupation) to the seemingly mundane (driving to work, deciding what to eat for dinner). New market mechanisms offer novel ways to buy, sell, share, and assess ordinary and extraordinary risks. We'll use academic and nonacademic readings, including fiction, to gain perspective on risk and assess the merits and limits of these ideas.
Autumn 2007 Lee Fennell
Autumn 2007 M. Todd Henderson

Greenberg Seminar: Shakespeare and the Law
LAWS 95922 - 01 (1) a
We will read and discuss a group of plays of Shakespeare that have legal connections, including Measure for Measure, Hamlet, King Lear, Antony and Cleopatra, Julius Caesar, Merchant of Venice, and others to be determined by the group. We will meet twice in each of the three quarters, alternating between Posner's home and Nussbaum's. Our last meeting will be an informal play reading, with casting done by students (though the professors are willing to act!). We therefore encourage applicants who have experience in theatre, and they should indicate this background when applying. Interested students need to contact the instructors (martha_nussbaum@law.uchicago.edu and Richard_Posner@ca7.uscourts.gov) by September 4 with a short statement explaining why they want to take the class.
Autumn 2007 Martha Nussbaum
Autumn 2007 Richard Posner

Health Law
LAWS 46201 - 01 (3) b, e
This course surveys the law and policy applicable to health care financing and delivery in the U.S. Topics include industry structure, malpractice liability, health insurance regulation, Medicare, Medicaid, taxation of healthcare spending, antitrust regulation, the drug approval process, pharmaceutical product liability, and protection of patient information. A student s grade will be based on a major paper, which may be used to fulfill a substantial writing requirement.
Spring 2008 Anup Malani

Health Law and Policy
LAWS 78801 - 01 (3)
This course explores the policies that underlie regulation of the provision of health care in the United States. We will begin with an examination of the principal government programs for financing the delivery of health care in America - Medicare and Medicaid. This first part of the course will focus on how these programs seek to resolve the tension between controlling costs, promoting quality, and assuring access. Focus will then move to a consideration of policy issues relating to managed care organizations, including the functioning of these organizations and the impact of ERISA on their actions. Next, we will study issues relating to the behavior of physicians, hospitals, and other health care institutions. Included will be a focus on the impact of the antitrust, labor, and tax laws on these entities. The student may choose to take a proctored final examination or to submit a paper. The grade will be based on the examination or paper, as well as class participation.
Winter 2008 Jack Bierig

Higher Education and the Law
LAWS 52102 - 01 (3) b
The university has long maintained that its history and role as a creator of knowledge and refuge for society's critics require that the government and the courts extend a special respect to the academy's need to govern itself. This seminar discusses how the courts have dealt with this argument in areas such as academic freedom; student admissions and discipline; faculty tenure, dismissal, and unionization; and teaching and research restrictions. Discussions focus on the competing interests of society and the university and the role of the courts in balancing these interests. This seminar may be taken for fulfillment of the Substantial Writing Requirement. The student's grade is based on class participation and a substantial paper.
Winter 2008 Arthur Sussman

Historic Preservation Law
LAWS 61302 - 01 (2) +
As we near the 50th anniversary of the Law School's notable Eero Saarinen building, it is appropriate to present a seminar on historic preservation law. We will study the rationale for preserving historic resources; the tension between private property rights under the constitution and the public benefit of preservation; the standards for designating landmarks; federal, state and local laws regulating landmarks; tax and other financial incentives to encourage preservation of historic buildings; and governmental regulation of historic church buildings. Prior courses in land use or real estate are helpful. Your grade will be based upon your discussion of the assigned weekly readings and a research paper. Limited to 15 students.
Spring 2008 Richard Friedman

History of American Federalism: Origins to the Civil War
LAWS 97602 - 01 (3) b
This seminar examines the history of American federalism, both as a constitutional value and as a product of intellectual history, from its early modern European antecedents to current-day political and constitutional debates. The central idea of American federalism has long been the proposition that a group of states could unite to create a government structure based on a central (federal) authority, to which authority the states surrender certain of their own powers, and which authority wields a measure of power over individual citizens. Yet this federal idea has not been stable throughout the history of the Republic. On the contrary, controversy over the meaning of federalism has stood at the center of many of the nation s greatest conflicts, from the Constitutional Convention to the War of 1812 to the Civil War. What was the origin of federalism s central idea of divided sovereignty? How has the meaning of federalism changed throughout American history? What, if any, aspects of the idea have remained constant? This seminar will discuss historical questions of causation and influence, as well as the structure and workings of the American legal system. Emphasis will be on selected moments of tension in the development of the federal idea. The course will require extensive reading and discussion of primary source materials on the history of federalism. The student's grade will be based on a series of short papers and class participation, with the option of writing an additional, research-based paper that satisfies the Substantial Writing Requirement.
Spring 2008 Alison LaCroix

History of American Legal Thought in the Twentieth Century
LAWS 97501 - 01 (3)
This course will examine American legal thought since approximately 1870, with a focus on situating legal-intellectual developments in historical context. The aim of the course will be to understand changes in legal thought in the governmental and judicial arenas, as well as in the academy and their relationship to broader political, intellectual, social, and economic changes. Topics to be discussed will include the rise of formalism and classical legal thought; the progressive and legal process schools of thought; legal realism; the critical legal studies movement; and more recent interpretive approaches. Readings will include primary works as well as secondary sources and commentary. The final grade will be based on a take-home examination.
Winter 2008 Alison LaCroix

Human Rights I: Philosophical Foundations of Human Rights
LAWS 41200 - 01 (3) c/l
This course deals with the philosophical foundations of human rights. The foundations bear on basic conceptual and normative issues. We examine the various meanings and components of human rights and the subjects, objects, and respondents of human rights. We ask questions such as the following: Who has the rights? What they are rights to? Who has the correlative duties? Can we legitimately hold the members of other societies to the standards of our culture? What methods of argument and implementation are available in this area? The practical implications of these theoretical issues are also explored.
Spring 2008 Harry Brighouse

Human Rights II: History and Theory
LAWS 41301 - 01 (3) c/l
This course is concerned with the theory and the historical evolution of the modern human rights regime. It discusses the emergence of a modern "human rights" culture as a product of the formation and expansion of the system of nation-states and the concurrent rise of value-driven social mobilizations. It juxtaposes these Western origins with competing non-Western systems of thought and practices on rights. The course proceeds to discuss human rights in two prevailing modalities. First, it explores rights as protection of the body and personhood and the modern, Western notion of individualism entailed therein. Second, it inquires into rights as they affect groups (such as ethnicities, and potentially, transnational corporations) or states.
Winter 2008 William Novak

Human Rights in Mexico
LAWS 62411 - 01 (3) c/l, +
This interdisciplinary course is intended to give the student a foundation in understanding human rights as both concept and reality in contemporary Mexico. The course will begin with the colonial and post-Independence and post-Revolutionary roots of concepts which form the foundation for understanding human rights in contemporary Mexico. The course will also examine several modern social movements which frame their demands as human rights. The course will use three case studies which are emblematic of a range of important human rights issues: the Tlatelolco massacre of students in 1968 (political killings, impunity, and accountability); the political unrest in Oaxaca (indigenous rights, the right to education), and the murders of women in Ciudad Juarez (women's rights and labor rights). Students must have a good comprehension of spoken Spanish (for guest speakers) and be able to read news reports and case studies in Spanish. Students must have taken at least one course in Latin American or Mexican history or politics (at any point in their academic career), or a Human Rights course. The class is open to undergraduate, graduate, and professional students and will be limited to 30 students. There will be a take-home mid-term exam at the end of week 4 on the historical material. Students will be responsible for an oral presentation and paper of 10 - 15 pages on a topic selected with the approval of the instructor.
Winter 2008 Susan Gzesh

Human Rights: Alien and Citizen
LAWS 62401 - 01 (3) c/l
The basic notion of international human rights is that rights are inherent in the identity of human beings, regardless of their citizenship, nationality, or immigration status. This course will address how international human rights doctrines, conventions, and mechanisms can be used to understand the situation of the "alien" (or foreigner) who has left his or her country of origin to work, seek safe haven, or simply reside in another country. How native or resident populations and governments respond to new arrivals has varied tremendously in the past and present. In some situations, humanitarian impulses or political interests have dictated a warm welcome and full acceptance into the national community. In other cases, alien populations have become targets of suspicion and repression. In some extreme cases, states have "denationalized" resident populations who previously enjoyed national citizenship. We will use an interdisciplinary approach to address such questions as (1) Why do human beings migrate? What might human rights as a measuring instrument tell us about conditions that promote refugee flows and other forms of forced migration? (2) What is the meaning of citizenship? How is it acquired or lost? What rights may societies and nation-states grant only to citizens, but withhold from others? (3) Are human rights truly universal? Are rights necessarily dependent on citizenship? (4) How do differences in rights between citizens and aliens become more important during national security crises? (5) What are the principal categories used by nation states to classify foreign visitors and residents? How do these categorizations affect the rights of foreigners? (6) How do international human rights doctrines limit actions by states with respect to certain categories of foreigners such as refugees, asylum applicants, and migratory workers? (7) Given the non-voting status of foreign populations in almost all countries, how are the rights of aliens represented in societies of settlement? How do home country governments regard their expatriate communities? The student's grade is based on attendance, participation, and a major paper.
Spring 2008 Susan Gzesh

Immigrant Children's Advocacy Project
LAWS 65013 - 01 (var) a
The Immigrant Children s Advocacy Project works to promote the best interests of unaccompanied immigrant children in the United States. Last year, 7,787 undocumented children - traveling by themselves, without parents - were apprehended and detained by immigration authorities as they tried to enter the United States, primarily from Central America, Mexico, China and India. The children have been transported by hired smugglers or have made the journey on their own. Most are fleeing extreme poverty, political or religious persecution, child labor and abusive family situations. The Project provides unaccompanied immigrant children with guardians ad litem (Child Advocates) whose objective it is to help figure out what brought the children to the United States and advocate on their behalf while they are subject to immigration court removal proceedings. The Project also develops policy recommendations concerning unaccompanied children nationally, informed by serving as guardian ad litem for individual children. Students will be assigned to serve as Child Advocate for individual children in federal custody as well as children living with sponsors in the Chicago area. Students will be expected to meet with the children at least once a week at the shelter on the North side of Chicago; identify the children s eligibility for relief from removal, including asylum and special visas for victims of trafficking, abuse and abandonment; accompany the children to Immigration Court, Cook County Juvenile Court, meetings with United States government officials, and meetings with consular officials from the children s country of origin; conduct legal research to support children s claim for relief from removal in cooperation with attorneys representing the children in Immigration Court, before the Board of Immigration Appeals and the Seventh Circuit; identify and represent the children s best interests; conduct factual research regarding children s presence in the United States, including reasons for departure from country of origin, journey, and time in the United States preceding apprehension, if any; research conditions in the children s countries of origin (e.g., political and economic conditions); develop written recommendations regarding children s best interests; write advocacy briefs on behalf of individual children, incorporating international human rights principles and country-specific legal and factual research; and advocate on the children s behalf with the Office of Refugee Resettlement, Department of Homeland Security and Executive Office for Immigration Review in whatever context is necessary. Students are required to have moderate language skills in Spanish, Mandarin, Hindi or Gujarati. Students will also be required to undergo a DCFS background check (which includes: Sex Offender Clearance, CANTS Clearance, Illinois State Police and FBI Clearance as well as fingerprinting) and medical clearance (tuberculosis screening). See the general rules for all clinical courses for further details governing enrollment and the award of credit.
Autumn 2007 Maria Woltjen
Winter 2008 Maria Woltjen
Spring 2008 Maria Woltjen

Immigration Law and the Rights of Non-citizens
LAWS 50001 - 01 (3)
This course provides a basic introduction to U.S. immigration law and policy, with a particular focus on how immigration law relates to broader concerns in the structure of our constitutional system. Topics include the sources and scope of the federal government's constitutional authority to regulate immigration, the structure of the immigrant admission and deportation system, the status and conditions of undocumented immigrants, and the ongoing debates about immigration reform. The student's grade will be based on a take-home final examination and class participation.
Spring 2008 Adam Cox

Independent Research
LAWS 49901 - 051 (3)
Second- and third-year students may earn course credit by independent research under the supervision of a member of the fac