Offerings

Key:
+ subject to prerequisites, co-requisites, exclusions, or professor permission
1L first year required course
a extends over more than one quarter
c/l cross listed
e first-year elective
l Lecturer-taught seminar/simulation class
m seminar
p meets the professional responsibility/ethics requirement
r papers may meet substantial research paper (SRP) graduation requirement
s meets the professional skills requirement
u simulation class
w may meet writing project (WP) graduation requirement
x offering available for bidding
(#) the number of Law School credit hours earned for successful completion
  • Counterintelligence and Covert Action - Legal and Policy Issues

    LAWS 70706 - 01 (3) l, m, w, x
    This seminar will focus on the constitutional and legal framework for counterintelligence and other instruments of national power that seek to neutralize and/or exploit our adversaries' intelligence activities against US national security interests. Such adversaries may include foreign intelligence services, terrorists, foreign criminal enterprises, cyber intruders, or some combination thereof. The seminar will consider both legal and policy issues raised in efforts to prevent adversarial espionage action -- overt, covert, or clandestine -- targeting US military, diplomatic, and economic interests at home and abroad. The seminar will also explore the role and overlap of covert action, roughly defined as action intended to influence events in another nation or territory without revealing the involvement of the sponsor. Although the primary focus of the seminar will be separation of powers issues and the role of executive power in counterintelligence and covert action, care will be taken to consider less frequently discussed implications for domestic and international economies and markets, as well as the extent to which economic and market considerations motivate policy making or legal decisions. The seminar will include short case studies from the Cold War and post-Cold War eras in the US, Latin America, the Middle East, and the former USSR. The seminar is designed to minimize overlap with the material covered in The Law of Counterterrorism (LAWS 70704) and National Security Issues (LAWS 70703) by primarily focusing attention on state actors rather than nonstate actors. Grades will be based upon a final paper, occasional short response papers, and reasonable class participation.
    Spring 2016
    Stephen Cowen
  • Critical Race Theory

    LAWS 69105 - 01 (3) +, r, w
    This class focuses on an intellectual and political movement called Critical Race Theory, a radical left position on race and law that emerged in law schools in the late 1980s. Critical Race Theory scholarship is unified by two major intellectual and political commitments. First, CRT scholars argue that liberal legal approaches to race, even and especially laws that demand racial neutrality, serve to reproduce white supremacy and racial inequality. For example, the civil rights laws of the 1960s narrowly focused on intentional discrimination and took off the table any legal remedy for structural processes like residential segregation, labor market segmentation and disparate public school financing. Second, CRT scholars argue that law should be used to advance a political commitment to racial empowerment and anti-subordination (for example, by broadly reading the equal protection clause to require a remedy for structural inequality). We will spend much of our time tracing the intellectual history of the movement by reading the key writings that formed the center of the movement. The course will explore the movement's central commitments, as well as its political split-offs, renegades, and disgruntled fellow travelers. In addition, we will explore the trenchant critique of identity politics developed by liberal and conservative scholars in the legal academy, and the debate over the movement's critique of merit. In the context of theoretical argument, specific topics to be covered will include: police brutality, affirmative action in education, hate speech and immigration reform. Students should have a basic understanding of equal protection in Constitutional Law. Con Law III is helpful in this regard. If you have not yet taken Con Law III, you should expect to read these cases on your own. Students will choose between writing a twenty-five page paper or three ten-page papers on topics of their choice. Students will also be asked to write short half-page reaction pieces to some portion of the course reading, to be submitted before class. Twenty-five percent of the course grade will come from class attendance and student participation in a vigorous and stimulating discussion. For a preview of the syllabus, see www.dariaroithmayr.com.
    Autumn 2015
    Daria Roithmayr
  • Current Controversies in Corporate and Securities Law

    LAWS 52202 - 01 (3) l, m, w, x
    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 seminar 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 2016
    Richard Shepro
  • Current Issues in Criminal and National Security Law

    LAWS 70708 - 01 (3) +, l, m, w, x
    This seminar covers a series of current issues in criminal and national security law, often comparing and contrasting the two approaches, with a particular focus on challenges arising from acts of terrorism and other national security prosecutions (including a focus on substantive terrorism offenses, espionage offenses as well as the leaking of classified information), a discussion of criminal and intelligence investigative tools (comparing Title III electronic surveillance with Foreign Intelligence Surveillance Act ), application of constitutional principles to terrorism investigations and prosecutions (particularly the First, Fourth, Fifth and Sixth Amendments and the application of Miranda, Quarles and Corley decisions and certain state bar rules in that context), the President's war powers and congressional oversight (including discussions of drone strikes, law of war detention, and Presidential and Congressional authority to use military force), and in other select areas, including the Classified Information Procedures Act, and economic sanctions, and national security leaks. Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two short reflection papers (3-5 pages each) and a final paper preferably written in the form of a U.S. Supreme Court opinion (20-25 pages, including a majority and dissent) on a select issue in criminal and national security law. Guest speakers will help facilitate discussion on certain topics. Pre-requisites: Criminal Law and Constitutional Law I.
    Winter 2016
    Patrick Fitzgerald, Michael Scudder
  • Divorce Practice and Procedure

    LAWS 93202 - 01 (3) l, s, u, w, x
    This class provides an exposure to the dynamic process of representing clients in a dissolution of marriage case. The class will familiarize you with the complexities that arise when the ever changing family unit is divided and the parties are dissolving their marriage. Topics are covered in the sequence of an evolving case from the perspective of a practicing lawyer and include determination of jurisdiction, interstate and international parental kidnapping, domestic violence, injunctions, temporary and permanent child custody, visitation (parenting rights), temporary and permanent maintenance (alimony), child support, liability for attorneys’ fees, property rights and the division of assets and liabilities, valuation of assets, premarital and postmarital agreements, ethical issues, federal tax law affecting divorce and enforceability of divorce related orders if there is a subsequent bankruptcy. We will also discuss same-sex marriage, civil unions and issues relating to LGBT relationships. Students will have the opportunity to discuss topics and present arguments not only to instructors, but sitting Illinois Domestic Relations Court Judges, who will participate in several classroom discussions. Forty percent of a student’s grade is based on class participation, and sixty percent on the legal memoranda to be prepared. Writing for this class may be used as partial fulfillment of the JD writing requirement (WP).
    Autumn 2015
    Donald Schiller, Erika N. Chen-Walsh
  • Emotion, Reason, and Law

    LAWS 99301 - 01 (3) c/l, e, r, w, x
    Emotions figure in many areas of the law, and many legal doctrines (from reasonable provocation in homicide to mercy in criminal sentencing) invite us to think about emotions and their relationship to reason. In addition, some prominent theories of the limits of law make reference to emotions: thus Lord Devlin and, more recently, Leon Kass have argued that the disgust of the average member of society is a sufficient reason for rendering a practice illegal, even though it does no harm to others. Emotions, however, are all too rarely studied closely, with the result that both theory and doctrine are often confused. The first part of this course will study major theories of emotion, asking about the relationship between emotion and cognition, focusing on philosophical accounts, but also learning from anthropology and psychology. We will ask how far emotions embody cognitions, and of what type, and then we will ask whether there is reason to consider some or all emotions “irrational” in a normative sense. We then turn to the criminal law, asking how specific emotions figure in doctrine and theory: anger, fear, compassion, disgust, guilt, and shame. Legal areas considered will include self-defense, reasonable provocation, mercy, victim impact statements, sodomy laws, sexual harassment, shame-based punishments. Next, we turn to the role played by emotions in constitutional law and in thought about just institutions – a topic that seems initially unpromising, but one that will turn out to be full of interest. Other topics will be included as time permits. Open to all law students without prerequisite. Undergraduates may enroll only with the permission of the instructor. Assessment will be via a take-home exam or a substantial research paper. The class will not meet at the regularly scheduled time on Thursday, April 14, but on Friday, April 15, from 1:30 - 2:35 p.m. instead.
    Spring 2016
    Martha Nussbaum
  • Employee Benefits Law

    LAWS 55503 - 01 (3) l, m, w, x
    This seminar will provide an introduction to the Employee Retirement Income Security Act (ERISA) and other federal statutes regulating employee benefit plans in the private sector. The seminar will cover many types of plans, including defined benefit pension plans, individual account retirement plans (such as 401(k) plans), medical plans, other welfare benefit plans and executive compensation programs. It will provide a basic understanding of fiduciary standards governing plan administration and the investment of plan assets; minimum standards for benefits and funding; benefit claim dispute resolution procedures and standards of judicial review; federal preemption of state laws; and key issues which arise in ERISA litigation. The seminar is intended for students interested in a broader labor and employment practice; a mergers and acquisitions or general corporate practice; or a civil litigation practice. Although our primary mission will be to prepare students for the practice of law, we also will explore whether the law governing employee benefit plans is operating effectively and in accordance with its stated purposes. Students will be graded on class participation and on a series of short reaction and research papers. There are no prerequisites for this seminar.
    Autumn 2015
    Charles Wolf
  • Employment Law Clinic

    LAWS 67113 - 01 (1 to 3) +, a, s, w
    Randall D. Schmidt and his students operate the Clinic's Employment Law Clinic. The Clinic focuses primarily on pre-trial litigation and handles a number of individual cases and class actions. In individual cases, the Clinic represents clients in cases before the Illinois Department of Human Rights and the Illinois Human Rights Commission and seeks to obtain relief for clients from race, sex, national origin, and handicap discrimination in the work place. In the class actions, the Clinic represents groups of employees in employment and civil rights actions in federal court. Additionally, in its individual cases and law reform/impact cases, the Clinic seeks to improve the procedures and remedies available to victims of employment discrimination so that employees have a fair opportunity to present their claims in a reasonably expeditious way. To accomplish this goal, the Clinic is active in the legislative arena and participates with other civil rights groups in efforts to amend and improve state and federal laws. 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 faculty. The student's grade is based on class participation. It is suggested, but not required, that all students in the Employment Law Clinic take the Employment Discrimination Law seminar. It is recommended that third-year students take, prior to their third year, either the Intensive Trial Practice Workshop or some other trial practice course. Evidence is a prerequisite for 3L's in the clinic.
    Autumn 2015
    Randall D. Schmidt
  • Employment Law Clinic

    LAWS 67113 - 01 (1 to 3) +, a, s, w
    Randall D. Schmidt and his students operate the Clinic's Employment Law Clinic. The Clinic focuses primarily on pre-trial litigation and handles a number of individual cases and class actions. In individual cases, the Clinic represents clients in cases before the Illinois Department of Human Rights and the Illinois Human Rights Commission and seeks to obtain relief for clients from race, sex, national origin, and handicap discrimination in the work place. In the class actions, the Clinic represents groups of employees in employment and civil rights actions in federal court. Additionally, in its individual cases and law reform/impact cases, the Clinic seeks to improve the procedures and remedies available to victims of employment discrimination so that employees have a fair opportunity to present their claims in a reasonably expeditious way. To accomplish this goal, the Clinic is active in the legislative arena and participates with other civil rights groups in efforts to amend and improve state and federal laws. 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 faculty. The student's grade is based on class participation. It is suggested, but not required, that all students in the Employment Law Clinic take the Employment Discrimination Law seminar. It is recommended that third-year students take, prior to their third year, either the Intensive Trial Practice Workshop or some other trial practice course. Evidence is a prerequisite for 3L's in the clinic.
    Winter 2016
    Randall D. Schmidt
  • Employment Law Clinic

    LAWS 67113 - 01 (1 to 3) +, a, s, w
    Randall D. Schmidt and his students operate the Clinic's Employment Law Clinic. The Clinic focuses primarily on pre-trial litigation and handles a number of individual cases and class actions. In individual cases, the Clinic represents clients in cases before the Illinois Department of Human Rights and the Illinois Human Rights Commission and seeks to obtain relief for clients from race, sex, national origin, and handicap discrimination in the work place. In the class actions, the Clinic represents groups of employees in employment and civil rights actions in federal court. Additionally, in its individual cases and law reform/impact cases, the Clinic seeks to improve the procedures and remedies available to victims of employment discrimination so that employees have a fair opportunity to present their claims in a reasonably expeditious way. To accomplish this goal, the Clinic is active in the legislative arena and participates with other civil rights groups in efforts to amend and improve state and federal laws. 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 faculty. The student's grade is based on class participation. It is suggested, but not required, that all students in the Employment Law Clinic take the Employment Discrimination Law seminar. It is recommended that third-year students take, prior to their third year, either the Intensive Trial Practice Workshop or some other trial practice course. Evidence is a prerequisite for 3L's in the clinic.
    Spring 2016
    Randall D. Schmidt
  • Entrepreneurship and the Law

    LAWS 61902 - 01 (3) m, s, w, x
    This seminar examines how the law and legal counsel influence innovation and entrepreneurship in the US, particularly by micro-enterprises. The seminar explores the position of the entrepreneur in society, in the economy, and in our constitutional framework, in order to analyze the entrepreneur's fundamental legal needs. We survey legal questions particular to start-ups, including strategies for structuring a business organization, financing, and protecting intellectual property. Assignments require students to research issues that apply to hypothetical and real start-ups and practice lawyerly skills like strategic planning, negotiation, drafting, and counseling. This seminar is required for participation in the Institute for Justice Clinic on Entrepreneurship, unless students make other arrangements with the Clinic instructors. Students' grades will be based on active participation and several research and writing assignments.
    Autumn 2015
    Elizabeth Kregor, Salen Churi
  • EU Competition Law and Economics

    LAWS 75402 - 01 (2 to 3) c/l, l, m, w, x
    The seminar provides an introduction to interesting and cutting edge topics in antitrust economics using European competition law as the backdrop for applying and discussing this. European competition law and its application by the European Commission have evolved rapidly since around 2000. The seminar focuses on this modern period and the evolving use of economics in the Commission decisions and court judgments. It does not provide an introduction to black-letter EU competition law or a discussion of old cases. The seminar also covers Chinese antitrust law and cases as well. Their law, which went into force in 2008, is based on elements of EU and US law and there are already several important cases. Grade will be based on a final in-class examination and an optional paper (to receive 3 credits).
    Spring 2016
    David Evans
  • European Legal History

    LAWS 91901 - 01 (2 to 3) m, r, w, x
    This seminar aims to give students an appreciation of the basic themes and 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 12th century, the nature of the ius commune, legal humanism, the reception of Roman law, the natural law school, and the movement towards Codification. In addition to the text book, students are expected to read one law review article each week and to share it with the class. They are permitted to write a research paper, but a final examination will also be offered as an option.
    Winter 2016
    R. H. Helmholz
  • Evolution of Legal Doctrines

    LAWS 65302 - 01 (3) m, w, x
    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.
    Autumn 2015
    Frank H. Easterbrook
  • Fair Housing

    LAWS 97312 - 01 (3) m, r, w, x
    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 a research paper.
    Spring 2016
    Lee Fennell
  • Food and Drug Law and Policy

    LAWS 94501 - 02 (3) c/l, w
    This course explores legal and policy issues in the federal regulation of foods, drugs, medical devices, and other products coming within the jurisdiction of the FDA. It will examine substantive standards applicable to these products and procedural issues in the enforcement of these standards. It will also address the tension between state and federal regulation in this area, constitutional constraints on such regulation, and a variety of other issues relating to the development and marketing of regulated products. The student's grade is based on class participation and a final examination or paper.
    Spring 2016
    Jack Bierig
  • Freedom of Speech in the Digital Age

    LAWS 40202 - 01 (3) +, m, r, w, x
    New communication technologies raise new and difficult questions about the meaning of the First Amendment guarantee of freedom of speech. This seminar engages those questions. It examines what freedom of speech means in the digital age and how the government can and should protect it. Topics covered in the seminar will include: search code and the constitutional category of speech; revenge porn; copyright and the Digital Copyright Millennium Act; network neutrality; video games; the right to record; and the First Amendment problems raised by mass government surveillance Students will be evaluated on the basis of their in-class participation, three short response papers, and a final essay. Constitutional Law II is a prerequisite for the seminar.
    Spring 2016
    Genevieve Lakier
  • Growth, Inequality, and the Welfare State

    LAWS 74102 - 01 (3) +, m, r, w, x
    This seminar will examine the dynamics that drive growth, the long-term evolution of inequality, and the concentration of wealth. In its institutional dimension, the seminar will analyze how the patterns of growth and inequality are correlated with the development of legal institutions (e.g., property rights, the law of contract, and the law of business organizations) and the welfare state. While the seminar will focus on cross-country analysis, special emphasis will be given to the study of growth and inequality in the United States. Topics will include: (i) economic theory background, (ii) patterns of growth, (iii) markets and contracts, (iv) torts and government insurance, (v) business organizations in incomplete markets, (vi) the minimal state and the provision of public goods, including infrastructure, education, and health care.
    Spring 2016
    Saura Masconale
  • Hate Crime

    LAWS 53704 - 01 (3) c/l, l, m, w, x
    This seminar will provide students with an overview of hate crime. The seminar will explore the emergence of modern hate crime laws in the United States and the legal controversies surrounding them. We will examine the challenges of data collection and the impact of data on policy analysis. Law enforcement and hate crime prosecution will be reviewed. The seminar will also consider the limits of the legal system to effectively address hate crime through conventional methods and discuss alternative options. Grading will be based on class participation and a final research paper.
    Autumn 2015
    Cynthia Shawamreh
  • Health Law and Policy

    LAWS 78801 - 01 (3) c/l, w
    This course will explore various 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 third of the course will focus on how these programs seek to resolve the tension between controlling costs, promoting quality, and assuring access. We will next address other federal legislation affecting the delivery of health care, including the Affordable Care Act. We 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 explore issues relating to the behavior of physicians, hospitals, and nursing homes. This exploration will focus on the impact of the antitrust, labor, and tax laws on these entities. The goal of the course is to expose the student to the conflicting law and policy issues that impact on the delivery of health in this country. The student's grade is based on class participation and a final examination or paper.
    Autumn 2015
    Jack Bierig