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Environmental Law
LAWS 46001
- 01
(3)
The course offers an introduction to the legal regulation of environmental quality. The course covers the principal environmental statutes, particularly the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Liability Act (the Superfund statute), the Endangered Species Act, and the National Environmental Protection Act. Illustrative topics include the theoretical foundations of environmental regulation, including economic and non-economic perspectives on environmental degradation; the objectives of environmental regulation; the valuation of environmental benefits; the distributional consequences of environmental policy; and the choice of regulatory tools, such as command-and-control regulation, taxes, marketable permit schemes, liability rules, and informational requirements. The student's grade is based on a final examination.
Spring 2010
Jacob Gersen
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European Legal History: From the 12th Century to Codification
LAWS 91902
- 01
(2)
This seminar aims to give students an appreciation of the basic themes and the most important events in European (as opposed to English) legal history. It begins with the Roman law formulated under the Emperor Justinian and moves forward to the 19th century. Among the subjects covered are Germanic law, the rise of legal science beginning in the twelfth century, the nature of the ius commune, legal humanism, the reception of Roman law, the natural law school, and the movement towards codification of the law. Students are encouraged to conduct basic research on their own and to share it with the class; students are permitted to write a paper, but a final examination will also be offered as an option.
Winter 2010
R. H. Helmholz
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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.
Spring 2010
Emily Buss
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Evidence
LAWS 41601
- 01
(3)
An examination of the federal rules governing proof at trial. On many points, the rules of most states are the same or similar (New York and California have the most differences, though even they have significant overlap with the Federal Rules). There will be somewhat more lecture than in a typical course, in order to facilitate coverage of material. Even so, certain relatively minor or easy topics will not be covered (Burdens of Proof, Presumptions, Judicial Notice), and others will be covered only briefly (e.g., Privileges, Impeachment of Witnesses). Approximately two-thirds of the term will be devoted to the two central topics in the law of evidence: relevance and hearsay (including the hearsay exceptions).
Winter 2010
Brian Leiter
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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. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10; SRP or WP for JD '11 and JD '12).
Winter 2010
Frank H. Easterbrook
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Evolving Regulation of Financial Institutions and Markets
LAWS 94812
- 01
(3)
In this time of turmoil in markets and the attendant need to refinance financial institutions it is likely that there will be a substantial revisiting of regulation of businesses and markets. This seminar will be a largely unstructured effort to investigate (and to create) various proposals in connection with the emerging debate on how to address these issues and institutions. The idea of the seminar is to form groups to focus on topics of interest leading to student reports and papers. We will meet weekly on Mondays at 1:30. No prior courses are required but students will be responsible for acquainting themselves with present regulation and our interest will be on proposed changes in light of the current financial crisis. Space is limited and closed to those already in the Bailouts seminar.
Spring 2010
Andrew M. Rosenfield
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Executive Branch Design
LAWS 68711
- 01
(3)
This seminar will explore selected topics concerning institutional design of the executive branch. Topics covered will include hierarchical control, signing statements, inherent executive authority, executive immunities, civil service, executive statutory interpretation, spending powers, and presidential transitions. Additional or alternative topics may be added depending on student interest.
Winter 2010
Jacob Gersen
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Exoneration Project
LAWS 67413
- 01
(1)
+, a, s
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.
Autumn 2009
Russell Ainsworth, Gayle Horn, Jon Loevy, Tara Thompson
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Exoneration Project
LAWS 67413
- 01
(1)
+, a, s
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.
Spring 2010
Russell Ainsworth, Gayle Horn, Jon Loevy, Tara Thompson
-
Exoneration Project
LAWS 67413
- 01
(1)
+, a, s
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 2010
Russell Ainsworth, Gayle Horn, Jon Loevy, Tara Thompson
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Expressive Dimensions in Law
LAWS 77702
- 01
(3)
People often make descriptive or normative claims about law or legal action based on what one or the other says. For example, people claim that law has positive or negative symbolic value, that legal actions such as prosecutions or convictions send a message, or that the law influences behavior by its expressive power, separate and apart from its sanctions or legitimacy. In criminal law, some theorists have distinguished punishment from penalties (or prices) by the nature of what punishment expresses. Others claim that we can't legalize sales of human organs or illicit drugs without sending the wrong message. In the law of equality, some theorists have identified the wrong of discrimination, including state discrimination in violation of equal protection, by the nature of what a discriminatory act expresses. Still other theorists posit that law influences behavior across domains by signaling information or by changing the social meaning of an action. Occasionally, the law tries to regulate the state's expression, as in the interpretation of the Establishment Clause that prohibits state action that endorses religion. In this seminar, we will examine these many different kinds of expressive claims in legal theory and try to come to a more considered, systematic view about them. A student's grade will be based on reaction papers, a short (10-12 page) research paper, and class participation.
Autumn 2009
Richard H. McAdams
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Fair Housing
LAWS 97312
- 01
(3)
b
This seminar will focus on the law and policy of fair housing, broadly construed. Significant attention will be devoted to antidiscrimination laws in housing, including the federal Fair Housing Act. We will also explore existing and proposed policies for improving access of lower-income people to housing. The dynamics of segregation and concentrated poverty will be examined, as well as the effects of zoning and other land use controls. Additional topics may include urban squatting, rent control, gentrification, subprime lending, the siting of locally undesirable land uses, and the use of eminent domain in blighted areas. The student's grade will be based on class participation and the student's choice of either a major paper or a series of short research papers. With instructor approval, writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10; SRP or WP for JD '11 and JD '12).
Winter 2010
Lee Fennell
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Federal Criminal Justice Project
LAWS 67513
- 01
(2)
+, a, s
The Federal Criminal Justice Project's primary mission is to zealously represent indigent defendants charged with federal crimes while giving students a unique opportunity to practice in federal district court. The FCJP will represent clients from arrest through trial or guilty plea and sentencing, and will also represent clients on probation/supervised release, appeal, and beyond. Students will be assigned to cases in teams of two, and will advocate orally and in writing on behalf of their clients at every stage of the case. FCJP students will interview clients and witnesses; conduct and participate in bond hearings, preliminary hearings, arraignments, plea hearings, sentencing hearings, and trials; prepare and file written motions; negotiate with Assistant United States Attorneys and probation officers; and participate in investigations. In addition to representing individual clients, the FCJP will serve as an information clearinghouse and resource for Chicago federal criminal defense lawyers, and will work to address larger systemic problems. Students will learn to represent clients at every stage of a federal criminal case by attending required weekly supervision sessions that will include skills exercises and simulations, as well as lectures and discussions. Given the intensity and timeline of federal criminal cases, students are required to commit to three quarters in the FCJP, and will receive a total of six credits (averaging out to two credits per quarter). The prerequisites are Evidence, Criminal Procedure I, and the Intensive Trial Practice Workshop. In addition, students in the clinic are required to take Criminal Procedure II: The Federal Adjudicative Process. It is strongly recommended that FCJP students take Criminal Procedure II during the fall quarter of their third year, contemporaneously with their clinic work.
Autumn 2009
Alison Siegler
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Federal Criminal Justice Project
LAWS 67513
- 01
(2)
+, a, s
The Federal Criminal Justice Project's primary mission is to zealously represent indigent defendants charged with federal crimes while giving students a unique opportunity to practice in federal district court. The FCJP will represent clients from arrest through trial or guilty plea and sentencing, and will also represent clients on probation/supervised release, appeal, and beyond. Students will be assigned to cases in teams of two, and will advocate orally and in writing on behalf of their clients at every stage of the case. FCJP students will interview clients and witnesses; conduct and participate in bond hearings, preliminary hearings, arraignments, plea hearings, sentencing hearings, and trials; prepare and file written motions; negotiate with Assistant United States Attorneys and probation officers; and participate in investigations. In addition to representing individual clients, the FCJP will serve as an information clearinghouse and resource for Chicago federal criminal defense lawyers, and will work to address larger systemic problems. Students will learn to represent clients at every stage of a federal criminal case by attending required weekly supervision sessions that will include skills exercises and simulations, as well as lectures and discussions. Given the intensity and timeline of federal criminal cases, students are required to commit to three quarters in the FCJP, and will receive a total of six credits (averaging out to two credits per quarter). The prerequisites are Evidence, Criminal Procedure I, and the Intensive Trial Practice Workshop. In addition, students in the clinic are required to take Criminal Procedure II: The Federal Adjudicative Process. It is strongly recommended that FCJP students take Criminal Procedure II during the fall quarter of their third year, contemporaneously with their clinic work.
Spring 2010
Alison Siegler
-
Federal Criminal Justice Project
LAWS 67513
- 01
(2)
+, a, s
The Federal Criminal Justice Project's primary mission is to zealously represent indigent defendants charged with federal crimes while giving students a unique opportunity to practice in federal district court. The FCJP will represent clients from arrest through trial or guilty plea and sentencing, and will also represent clients on probation/supervised release, appeal, and beyond. Students will be assigned to cases in teams of two, and will advocate orally and in writing on behalf of their clients at every stage of the case. FCJP students will interview clients and witnesses; conduct and participate in bond hearings, preliminary hearings, arraignments, plea hearings, sentencing hearings, and trials; prepare and file written motions; negotiate with Assistant United States Attorneys and probation officers; and participate in investigations. In addition to representing individual clients, the FCJP will serve as an information clearinghouse and resource for Chicago federal criminal defense lawyers, and will work to address larger systemic problems. Students will learn to represent clients at every stage of a federal criminal case by attending required weekly supervision sessions that will include skills exercises and simulations, as well as lectures and discussions. Given the intensity and timeline of federal criminal cases, students are required to commit to three quarters in the FCJP, and will receive a total of six credits (averaging out to two credits per quarter). The prerequisites are Evidence, Criminal Procedure I, and the Intensive Trial Practice Workshop. In addition, students in the clinic are required to take Criminal Procedure II: The Federal Adjudicative Process. It is strongly recommended that FCJP students take Criminal Procedure II during the fall quarter of their third year, contemporaneously with their clinic work.
Winter 2010
Alison Siegler
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Federal Criminal Practice
LAWS 47502
- 01
(3)
s
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 50percent of each student's grade. The practical exercises will form the basis for 20percent of each student's grade. Lastly, to foster discussion on every topic covered, class participation will comprise 30percent of each student's grade. Evidence and Criminal Procedure I are recommended but not required prerequisites.
Spring 2010
Lisa Noller, Daniel Rubinstein
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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. Students' grades are based on in-class participation and a proctored final examination and a paper (if the three credit option is chosen).
Spring 2010
Adam Mortara
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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.
Autumn 2009
Adam Mortara
-
Federal Jurisdiction
LAWS 41101
- 01
(3)
This course will consider the role of the federal courts in the federal system. Topics will include: the power of Congress to expand or contract the jurisdiction of the federal courts; the "federal question" jurisdiction; and litigation against federal and state governments and their officials, including official and sovereign immunities, statutory and judge-made abstention principles, and related doctrines. Constitutional Law I is highly recommended. The student's grade is based on a proctored final examination.
Winter 2010
David A. Strauss
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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.
Autumn 2009
M. Todd Henderson
