-
Law and Political Thought: Punishment
LAWS 70705
- 01
(3)
c/l, r, w
This course will focus on punishment paradigms—past, present, and future. The United States experienced an exponential increase in its prison population beginning in 1973 and witnessed the collapse of earlier punishment paradigms, such as rehabilitation. At the same time, the early 1970s were marked by severe criticism of the excesses of the criminal justice system and many predictions of the future demise of the prison. This raises a host of questions: What happened in the 1970s that contributed to our present condition of mass incarceration? What is the punishment paradigm that governs the criminal justice system today? And can we envisage a radically different paradigm for the future? This course will explore these questions through readings of the classics of political, social, and legal theory on punishment since the 1970s.
Students will be assessed via a substantial research paper and class participation.
Winter 2013
Bernard E. Harcourt
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Law and Politics: U.S. Courts as Political Institutions
LAWS 51302
- 01
(3)
+, c/l, m, r, w
The purpose of this seminar is twofold. First, it introduces students to the political nature of the American legal system. In reviewing social science literature on courts, students focus on the relationship between the courts and other political institutions. The questions asked include the following: Are there interests that courts are particularly prone to support? What effect does congressional or executive action have on court decisions? What impact do court decisions have? Second, by critically assessing approaches to the study of courts, the seminar seeks to highlight intelligent and sound approaches. Particular concern focuses on assumptions students of courts have made, how evidence is integrated into their studies, and what a good research design looks like.
There will be a mandatory preliminary meeting for interested students in the Autumn; law student enrollment is limited to 7.
There is a choice. Students can either write two 5-7 page analytic papers and complete a take-home final or they can write one 5-7 page analytic paper and undertake a substantial research paper.
Papers may meet substantial research paper (SRP) graduation requirement.
Winter 2013
Gerald Rosenberg
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Law and the Mental Health System
LAWS 47001
- 01
(3)
r, w
The course examines the interrelationship between legal doctrine; procedural rules; medical, cultural, and social scientific understandings of mental disability; and institutional arrangements affecting the provision of services to the mentally disabled. Consideration is given to admission to and discharge from mental health facilities, to competency to consent to or to refuse treatment, to surrogate decision-making for those found incompetent, to the rights of those confined in mental health facilities; to discrimination against the mentally disabled, and to the rights of the mentally disabled in the criminal justice system.
Grades are based on a final paper or a final take-home exam, and class participation.
Autumn 2012
Mark J. Heyrman
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Parent, Child, and the State
LAWS 47101
- 01
(3)
c/l, r
This course examines the legal rights of parents and children and the state's authority to define and regulate the parent-child relationship. Among the topics discussed are children's and parent's rights of expression and religious exercise, termination of parental rights and adoption, paternity rights, the state's response to child abuse and neglect, the role of race in defining the family, and the legal issues raised by the development of new reproductive technologies.
A student's grade will be based on a take-home final examination or a major paper.
Winter 2013
Emily Buss
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Roman Law
LAWS 47702
- 01
(3)
e, m, r, w, x
The seminar develops skill in analyzing legal problems according to the processes of the Roman civil law, in contrast with those of the common law, and does not purport to give a comprehensive treatment of its detailed workings. The material provides an outline of the sources and procedure of Roman private law, followed by an examination of the Roman institutional system, the basis of most modern civil law codes. Particular emphasis is given to property and to obligations (contracts and torts). No knowledge of Latin is required for the seminar.
This class will be assessed via a series of short research papers.
Because this is a 1L elective, it will be graded on the curve usually applied to courses (as all 1L electives are) and will not count against the seminar limit.
Spring 2013
Richard A. Epstein
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The Comparative Law of Democracy
LAWS 95904
- 01
(3)
+, m, r, w, x
This seminar offers a comparative examination of the major topics in election law, in particular the right to vote, reapportionment and redistricting, minority representation, and campaign finance. Issues the seminar addresses include the following: How and why do countries choose their various election law policies? What conditions are conducive to the reform of election laws? What sorts of normative and empirical judgments can we make about different countries' approaches? What changes would we recommend for the American model of election law?
Election Law is a recommended pre-requisite.
Students will be assessed via a substantial research paper and class participation.
Winter 2013
Nicholas Stephanopoulos
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Theories of Financial Regulation
LAWS 94504
- 01
(2 to 3)
m, r, w, x
This seminar will focus on the intersection between law and finance. We will survey the major theories that explain why and how the government should regulate financial markets. Attention will be given to the movement to deregulate financial markets, the financial crisis of 2008, and the Dodd-Frank Act.
The seminar is jointly taught by a law professor and a business school professor with expertise in financial economics.
Law students may opt for two credits (series of short reaction papers) or three credits (major paper).
Winter 2013
Eric Posner, Luigi Zingales
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Workshop: Constitutional Law
LAWS 63612
- 01
(1)
a, m, r, w
This workshop, conducted over three sequential quarters, exposes students to current academic work in constitutional law and theory and other areas of public law. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers, at six to eight sessions to be conducted regularly throughout the academic year.
Enrollment may be limited.
This workshop may be taken for fulfillment of the Substantial Research Paper graduation requirement.
Grading is based on a substantial paper (or two shorter papers) plus brief reaction papers on each of the workshop papers.
As an alternative to writing a long paper, you may write two or more extended reaction papers (i.e., 10-12 pages) to the papers presented in the workshop. You have to get our approval in advance for this option. We encourage it if you find that you have a lot to say about some of the workshop papers. If you wish to receive Writing Project (WP) credit for this option, you must submit a draft of each of the two long response papers to us and satisfactorily incorporate our suggestions
Spring 2013
Aziz Huq, David A. Strauss
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Workshop: Constitutional Law
LAWS 63612
- 01
(1)
a, m, r, w
This workshop, conducted over three sequential quarters, exposes students to current academic work in constitutional law and theory and other areas of public law. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers, at six to eight sessions to be conducted regularly throughout the academic year.
Enrollment may be limited.
This workshop may be taken for fulfillment of the Substantial Research Paper graduation requirement.
Grading is based on a substantial paper (or two shorter papers) plus brief reaction papers on each of the workshop papers.
As an alternative to writing a long paper, you may write two or more extended reaction papers (i.e., 10-12 pages) to the papers presented in the workshop. You have to get our approval in advance for this option. We encourage it if you find that you have a lot to say about some of the workshop papers. If you wish to receive Writing Project (WP) credit for this option, you must submit a draft of each of the two long response papers to us and satisfactorily incorporate our suggestions
Autumn 2012
Aziz Huq, David A. Strauss
-
Workshop: Constitutional Law
LAWS 63612
- 01
(1)
a, m, r, w
This workshop, conducted over three sequential quarters, exposes students to current academic work in constitutional law and theory and other areas of public law. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers, at six to eight sessions to be conducted regularly throughout the academic year.
Enrollment may be limited.
This workshop may be taken for fulfillment of the Substantial Research Paper graduation requirement.
Grading is based on a substantial paper (or two shorter papers) plus brief reaction papers on each of the workshop papers.
As an alternative to writing a long paper, you may write two or more extended reaction papers (i.e., 10-12 pages) to the papers presented in the workshop. You have to get our approval in advance for this option. We encourage it if you find that you have a lot to say about some of the workshop papers. If you wish to receive Writing Project (WP) credit for this option, you must submit a draft of each of the two long response papers to us and satisfactorily incorporate our suggestions
Winter 2013
Aziz Huq, David A. Strauss
-
Workshop: Judicial Behavior
LAWS 63812
- 01
(1)
+, a, m, r
The Workshop on Judicial Behavior provides students with a unique opportunity to read and analyze cutting-edge scholarship that focuses on how judges reach their decisions. In a case law system such as that of the United States, a realistic understanding of judicial behavior, which conventional legal instruction does not convey, is essential to the understanding and practice of law. Over the course of the academic year, six scholars from the fields of law and the social sciences will present their work.
By the end of the academic year, students will produce a major research paper on judicial behavior.
The Workshop is limited to twenty law students; interested students should contact Prof. Landes (land@uchicago.edu) by September 7, 2012.
It will meet six times over the course of the academic year.
Spring 2013
Richard A. Posner, Frank H. Easterbrook, William M. Landes, Lee Epstein
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Workshop: Judicial Behavior
LAWS 63812
- 01
(1)
+, a, m, r
The Workshop on Judicial Behavior provides students with a unique opportunity to read and analyze cutting-edge scholarship that focuses on how judges reach their decisions. In a case law system such as that of the United States, a realistic understanding of judicial behavior, which conventional legal instruction does not convey, is essential to the understanding and practice of law. Over the course of the academic year, six scholars from the fields of law and the social sciences will present their work.
By the end of the academic year, students will produce a major research paper on judicial behavior.
The Workshop is limited to twenty law students; interested students should contact Prof. Landes (land@uchicago.edu) by September 7, 2012.
It will meet six times over the course of the academic year.
Autumn 2012
Richard A. Posner, Frank H. Easterbrook, William M. Landes, Lee Epstein
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Workshop: Judicial Behavior
LAWS 63812
- 01
(1)
+, a, m, r
The Workshop on Judicial Behavior provides students with a unique opportunity to read and analyze cutting-edge scholarship that focuses on how judges reach their decisions. In a case law system such as that of the United States, a realistic understanding of judicial behavior, which conventional legal instruction does not convey, is essential to the understanding and practice of law. Over the course of the academic year, six scholars from the fields of law and the social sciences will present their work.
By the end of the academic year, students will produce a major research paper on judicial behavior.
The Workshop is limited to twenty law students; interested students should contact Prof. Landes (land@uchicago.edu) by September 7, 2012.
It will meet six times over the course of the academic year.
Winter 2013
Richard A. Posner, Frank H. Easterbrook, William M. Landes, Lee Epstein
-
Workshop: Law and Philosophy
LAWS 61512
- 01
(1)
+, a, c/l, m, r, w
The Workshop will explore a broad range of topics that arise in ethics, philosophy of action, and philosophy of criminal law related to questions of freedom and responsibility: what is it to act freely? Is responsibility compatible with the causal determination of action? Does the assignment of responsibility in the criminal law make philosophical sense? How does addiction or mental illness affect ascriptions of responsibility in the law, and how should it? Readings will be drawn from philosophy, psychology, and criminal law theory.
Coates and Leiter will meet with enrolled students for two two-hour sessions in October to go over some classic readings on the subject of freedom and responsibility. We will then host six or seven outside speakers addressing these issues. Coates or Leiter will meet with the students a week in advance for one hour (4-5 pm) to go over the readings. Confirmed speakers so far include Pamela Hieryonmi (Philosophy, UCLA), Stephen Morse (Law & Psychiatry, Penn), Hanna Pickard (Philosophy, Oxford), Derk Pereboom (Philosophy, Cornell), and Gary Watson (Law & Philosophy, Southern California).
Attendance at all sessions of the Workshop is a requirement. JD students should contact bleiter@uchicago.edu with a resume and a brief statement of background and/or interest in the topic in order to secure permission to enroll. Philosophy PhD students may enroll without submitting these materials.
Spring 2013
Brian Leiter, Justin Coates
-
Workshop: Law and Philosophy
LAWS 61512
- 01
(1)
+, a, c/l, m, r, w
The Workshop will explore a broad range of topics that arise in ethics, philosophy of action, and philosophy of criminal law related to questions of freedom and responsibility: what is it to act freely? Is responsibility compatible with the causal determination of action? Does the assignment of responsibility in the criminal law make philosophical sense? How does addiction or mental illness affect ascriptions of responsibility in the law, and how should it? Readings will be drawn from philosophy, psychology, and criminal law theory.
Coates and Leiter will meet with enrolled students for two two-hour sessions in October to go over some classic readings on the subject of freedom and responsibility. We will then host six or seven outside speakers addressing these issues. Coates or Leiter will meet with the students a week in advance for one hour (4-5 pm) to go over the readings. Confirmed speakers so far include Pamela Hieryonmi (Philosophy, UCLA), Stephen Morse (Law & Psychiatry, Penn), Hanna Pickard (Philosophy, Oxford), Derk Pereboom (Philosophy, Cornell), and Gary Watson (Law & Philosophy, Southern California).
Attendance at all sessions of the Workshop is a requirement. JD students should contact bleiter@uchicago.edu with a resume and a brief statement of background and/or interest in the topic in order to secure permission to enroll. Philosophy PhD students may enroll without submitting these materials.
Autumn 2012
Brian Leiter, Justin Coates
-
Workshop: Law and Philosophy
LAWS 61512
- 01
(1)
+, a, c/l, m, r, w
The Workshop will explore a broad range of topics that arise in ethics, philosophy of action, and philosophy of criminal law related to questions of freedom and responsibility: what is it to act freely? Is responsibility compatible with the causal determination of action? Does the assignment of responsibility in the criminal law make philosophical sense? How does addiction or mental illness affect ascriptions of responsibility in the law, and how should it? Readings will be drawn from philosophy, psychology, and criminal law theory.
Coates and Leiter will meet with enrolled students for two two-hour sessions in October to go over some classic readings on the subject of freedom and responsibility. We will then host six or seven outside speakers addressing these issues. Coates or Leiter will meet with the students a week in advance for one hour (4-5 pm) to go over the readings. Confirmed speakers so far include Pamela Hieryonmi (Philosophy, UCLA), Stephen Morse (Law & Psychiatry, Penn), Hanna Pickard (Philosophy, Oxford), Derk Pereboom (Philosophy, Cornell), and Gary Watson (Law & Philosophy, Southern California).
Attendance at all sessions of the Workshop is a requirement. JD students should contact bleiter@uchicago.edu with a resume and a brief statement of background and/or interest in the topic in order to secure permission to enroll. Philosophy PhD students may enroll without submitting these materials.
Winter 2013
Brian Leiter, Justin Coates
-
Workshop: Legal Scholarship
LAWS 78711
- 01
(1)
+, a, c/l, m, r, w
This workshop may be taken for a full year on only in the fall quarter. It is open to all students, JSDs and LLMs are welcome. Both versions count as 1 seminar.
Students registered for the full year are required to either write a paper of publishable quality or revise a previously written paper for publication. The goal is to prepare students for the academic job market. Special attention is paid to topic selection, how to approach working on an original (not synthetic) project, and presentation skills. Students enrolled for the year will be expected to conduct themselves as they would if they were junior faculty members at a top law school, reading and commenting on the work of their peers. Optional lunches to discuss writing will be held throughout the year in the same format as the Faculty Round Table. The goal is to create a learning community that will provide students with the type of scholarly atmosphere the faculty here enjoys. There will be meetings on average every other week during Winter and Spring Quarters.
The fall quarter only option is designed for several audiences: (1) students who want to decide if an academic career is for them; (2) students who wish to improve their skills as a public speaker; (3) students who want to improve their skills of critique while reading papers from a wide variety of subject areas; (4) and students who simply enjoy arguing about the law. Each week a young scholar present works-in-progress and students play the role of the faculty in a faculty workshop. The class and the professor then provide feedback and suggestions to the presenter on aspects of both presentation style and the substance of the paper.
The FALL ONLY version is graded on the basis of short reactions papers and class participation. The full year version may fulfill the WP or the SRP. May be taken concurrently with any other class or workshop.
During Winter, the workshop is expected to meet the first four Mondays of the quarter; during Spring, the last four Mondays of the quarter.
Winter 2013
Lisa Bernstein
-
Workshop: Legal Scholarship
LAWS 78711
- 01
(2)
+, a, c/l, m, r, w
This workshop may be taken for a full year on only in the fall quarter. It is open to all students, JSDs and LLMs are welcome. Both versions count as 1 seminar.
Students registered for the full year are required to either write a paper of publishable quality or revise a previously written paper for publication. The goal is to prepare students for the academic job market. Special attention is paid to topic selection, how to approach working on an original (not synthetic) project, and presentation skills. Students enrolled for the year will be expected to conduct themselves as they would if they were junior faculty members at a top law school, reading and commenting on the work of their peers. Optional lunches to discuss writing will be held throughout the year in the same format as the Faculty Round Table. The goal is to create a learning community that will provide students with the type of scholarly atmosphere the faculty here enjoys. There will be meetings on average every other week during Winter and Spring Quarters.
The fall quarter only option is designed for several audiences: (1) students who want to decide if an academic career is for them; (2) students who wish to improve their skills as a public speaker; (3) students who want to improve their skills of critique while reading papers from a wide variety of subject areas; (4) and students who simply enjoy arguing about the law. Each week a young scholar present works-in-progress and students play the role of the faculty in a faculty workshop. The class and the professor then provide feedback and suggestions to the presenter on aspects of both presentation style and the substance of the paper.
The FALL ONLY version is graded on the basis of short reactions papers and class participation. The full year version may fulfill the WP or the SRP. May be taken concurrently with any other class or workshop.
During Winter, the workshop is expected to meet the first four Mondays of the quarter; during Spring, the last four Mondays of the quarter.
Spring 2013
Lisa Bernstein
