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Canonical Ideas in Legal Thought
LAWS 57013
- 01
(2)
+, a, m, r
This year-long research seminar is the equivalent of a research colloquium in a PhD program. During the fall quarter, students will read, discuss, and critique some of the most influential law review articles from the twentieth century, as well as newer papers that extend and apply those canonical ideas to modern legal problems. The readings will consist of a healthy mix of public law and private law, and various scholarly methodologies. During the fall, students will write short reaction papers on the readings, and each student will once during the term facilitate the class discussion of an article. Students will also identify a topic for a substantial research paper. During the winter quarter, the seminar will not meet in formal sessions, but each student will work on his or her research paper and will meet individually with the instructors to assess the paper’s progress. During the spring quarter, the seminar will reconvene, and students will workshop their drafts (i.e., each student will circulate his or her draft in advance and answer questions from students and faculty). Students are expected to produce papers of publishable quality because the seminar’s ultimate goal is to prepare students for the process of entering the legal academy.
Students will receive a fall quarter grade based on the reaction papers and class participation. Students will receive a separate grade for the winter and spring quarters based on the quality of their research papers and class participation. Every student must enroll for the entire year; students may not drop the class after the fall quarter.
Students may only enroll with the permission of the instructors.
Students interested in enrolling should email Professors Miles and Strahilevitz a resume and a one-page statement explaining why they would like to enroll in the seminar no later than September 7.
Spring 2013
Thomas J. Miles, Lior Strahilevitz
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Canonical Ideas in Legal Thought
LAWS 57013
- 01
(2)
+, a, m, r
This year-long research seminar is the equivalent of a research colloquium in a PhD program. During the fall quarter, students will read, discuss, and critique some of the most influential law review articles from the twentieth century, as well as newer papers that extend and apply those canonical ideas to modern legal problems. The readings will consist of a healthy mix of public law and private law, and various scholarly methodologies. During the fall, students will write short reaction papers on the readings, and each student will once during the term facilitate the class discussion of an article. Students will also identify a topic for a substantial research paper. During the winter quarter, the seminar will not meet in formal sessions, but each student will work on his or her research paper and will meet individually with the instructors to assess the paper’s progress. During the spring quarter, the seminar will reconvene, and students will workshop their drafts (i.e., each student will circulate his or her draft in advance and answer questions from students and faculty). Students are expected to produce papers of publishable quality because the seminar’s ultimate goal is to prepare students for the process of entering the legal academy.
Students will receive a fall quarter grade based on the reaction papers and class participation. Students will receive a separate grade for the winter and spring quarters based on the quality of their research papers and class participation. Every student must enroll for the entire year; students may not drop the class after the fall quarter.
Students may only enroll with the permission of the instructors.
Students interested in enrolling should email Professors Miles and Strahilevitz a resume and a one-page statement explaining why they would like to enroll in the seminar no later than September 7.
Winter 2013
Thomas J. Miles, Lior Strahilevitz
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Comparative Constitutional Design
LAWS 50102
- 01
(3)
c/l, m, r, w, x
Recent constitutional reconstructions in Iraq and Afghanistan have called new attention to the problems of institutional design of political systems. In this seminar we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions?
In this seminar, we will review 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, and analyze the factors that make constitutions effective and enduring.
Autumn 2012
Tom Ginsburg
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Comparative Legal Institutions
LAWS 50101
- 01
(3)
e, r, x
This course is designed to examine a range of legal institutions from a comparative and interdisciplinary perspective. It is not a traditional course in comparative law, in that it focuses not so much on particular rules of substantive law but on the structure of different legal systems and the consequences of those structural differences for law and society, especially for economic development. Readings will be drawn from legal and social science literature, including works from anthropology, economics, political science and sociology. The course will explicitly cover non-Western legal traditions to an extent not found in conventional comparative law courses. The course will conclude with reflections on what a comparative perspective tells us about American legal institutions.
Course grades will be given on the basis of a take-home written exam, with a small component for class participation. There is a paper option for 2L, 3L and LLMs, but it is limited for 1L students.
Spring 2013
Tom Ginsburg
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Constitutional Decisionmaking
LAWS 50202
- 01
(3)
+, m, r, s, w
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.
Students will complete a series of short research papers.
Winter 2013
Geoffrey R. Stone
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Court Reform in the Juvenile Justice System
LAWS 60103
- 01
(1)
+, a, m, r, w
The social scientific literature suggests that adults’ experience in court has important effects on their attitudes about legal institutions and their obligation to obey the law. But little attention has been paid to the developmental effects of adolescents’ experience in juvenile court, despite the fact that young people’s very presence in juvenile court suggests that they are at special risk of developing anti-social attitudes about the law and legal institutions. The aim of this seminar is to study young people’s experience in juvenile court, and to propose a set of procedural reforms designed to enhance the opportunities for positive legal socialization afforded in juvenile court proceedings.
The seminar will span the entire year, meeting roughly three times per quarter, to allow time for ongoing research, collaboration, and writing. Seminar participants will read and discuss leading works on juvenile justice reform, discuss relevant issues with experts in the field, observe juvenile justice proceedings, and collaborate in the development of reforms.
Written work will include shorter “response” papers and one longer paper, which can qualify for substantial writing credit.
Participation is limited to 10 students, and year-long participation is required.
Winter 2013
Emily Buss
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Court Reform in the Juvenile Justice System
LAWS 60103
- 01
(1)
+, a, m, r, w
The social scientific literature suggests that adults’ experience in court has important effects on their attitudes about legal institutions and their obligation to obey the law. But little attention has been paid to the developmental effects of adolescents’ experience in juvenile court, despite the fact that young people’s very presence in juvenile court suggests that they are at special risk of developing anti-social attitudes about the law and legal institutions. The aim of this seminar is to study young people’s experience in juvenile court, and to propose a set of procedural reforms designed to enhance the opportunities for positive legal socialization afforded in juvenile court proceedings.
The seminar will span the entire year, meeting roughly three times per quarter, to allow time for ongoing research, collaboration, and writing. Seminar participants will read and discuss leading works on juvenile justice reform, discuss relevant issues with experts in the field, observe juvenile justice proceedings, and collaborate in the development of reforms.
Written work will include shorter “response” papers and one longer paper, which can qualify for substantial writing credit.
Participation is limited to 10 students, and year-long participation is required.
Spring 2013
Emily Buss
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Court Reform in the Juvenile Justice System
LAWS 60103
- 01
(1)
a, m, r, w, x
The social scientific literature suggests that adults’ experience in court has important effects on their attitudes about legal institutions and their obligation to obey the law. But little attention has been paid to the developmental effects of adolescents’ experience in juvenile court, despite the fact that young people’s very presence in juvenile court suggests that they are at special risk of developing anti-social attitudes about the law and legal institutions. The aim of this seminar is to study young people’s experience in juvenile court, and to propose a set of procedural reforms designed to enhance the opportunities for positive legal socialization afforded in juvenile court proceedings.
The seminar will span the entire year, meeting roughly three times per quarter, to allow time for ongoing research, collaboration, and writing. Seminar participants will read and discuss leading works on juvenile justice reform, discuss relevant issues with experts in the field, observe juvenile justice proceedings, and collaborate in the development of reforms.
Written work will include shorter “response” papers and one longer paper, which can qualify for substantial writing credit.
Participation is limited to 10 students, and year-long participation is required.
Autumn 2012
Emily Buss
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Election Law
LAWS 95903
- 01
(3)
r
This course examines the law, both constitutional and statutory, that governs the American electoral system. Topics covered include the right to vote, reapportionment and redistricting, minority representation, the regulation of political parties, and campaign finance. The course draws heavily from both legal and political science scholarship. It addresses constitutional provisions including the First, Fourteenth, and Fifteenth Amendments, as well as key statutes such as the Voting Rights Act, the Federal Election Campaign Act, and the Bipartisan Campaign Reform Act. Students will develop an understanding of not only election law doctrine, but also the theoretical and functional underpinnings of the American electoral system.
A student's grade will be based on a take-home final examination or a major paper.
Winter 2013
Nicholas Stephanopoulos
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Family Law
LAWS 45001
- 01
(3)
c/l, r
This course will examine the state's role in recognizing and regulating personal relationships between adults and between adults and children. Specific topics include marriage, other partnerships, friendship, divorce and other forms of dissolution, reproductive rights, child support and custody, and the allocation of childrearing authority among parents, other caregivers and the state. Throughout the quarter, we will compare various legal and social meanings of family and explore assumptions about the family that underlie existing legal regulation.
A student's grade will be based on a take-home final examination or a major paper.
Spring 2013
Emily Buss
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Federal Courts from the Judge’s Perspective
LAWS 51402
- 01
(2 to 3)
+, m, r, w, x
This seminar is designed to be an advanced look at current issues that arise in the federal courts of the United States, with particular emphasis on the courts of appeals. Topics will be chosen with an eye to both the frequency with which they come up and the difficulty of the issues even if they make only rare, but predictable, appearances. The topics may change from year to year, but they will normally include the following: defining the scope and limits of the judicial power; Article III limitations such as standing, mootness, ripeness, and political questions; congressional control of the federal courts; non-Article III tribunals; subject matter jurisdiction – actual, potential, and optimal; actions against governmental units and officials, as well as related immunity doctrines; habeas corpus; standards of review; institutional reform litigation; and judicial federalism, including anti-injunction legislation, abstention doctrines, and Erie.
Either the basic Federal Jurisdiction course (LAWS 41101), which may be taken prior to or concurrently with the seminar, or Instructor’s permission is required for admission to this seminar.
Students will have a choice of writing a paper or submitting a take-home examination.
Winter 2013
Diane P. Wood
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Federal Sentencing: Balancing Judicial and Prosecutorial Discretion
LAWS 47602
- 01
(3)
m, r, w, x
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 study the Federal Sentencing Guidelines and recent Supreme Court cases that struggle to define the Guidelines’ proper role in sentencing. A central focus of the seminar is 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 also focuses on the debate over sentencing disparities. Reading materials are varied and include Supreme Court and lower court cases, the United States Sentencing Guidelines, law review articles, Sentencing Commission studies and reports, and Department of Justice internal directives. Various guest speakers will visit class, including a federal district court judge and an Assistant United States Attorney.
Each student is expected to research and write a 20-25 page paper in response to a specific assignment.
Students will be graded based on their written submissions and class participation. Second-year students interested in participating in the Federal Criminal Justice Clinic during their 3L year are encouraged to enroll in this seminar, although it is not a prerequisite or corequisite for the clinic.
Winter 2013
Alison Siegler
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Food Law
LAWS 94503
- 01
(3)
m, r, x
This seminar will examine issues relating to food law and food policy. Topic covered will include: food safety, food labeling, food patents, corn policy, regulation of food quality, factory farming, obligations of food retailers, and more.
Students will have to write an SRP paper and make a presentation in class.
Autumn 2012
Omri Ben-Shahar
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Global Inequality
LAWS 92403
- 01
(3)
c/l, m, r, w, x
Global income and wealth are highly concentrated. The richest 2% of the population own about half of the global assets. Per capita income in the United States is around $47,000 and in Europe it is around $30,500, while in India it is $3,400 and in Congo, it is $329. There are equally unsettling inequalities in longevity, health, and education.
In this class, we ask what duties nations and individuals have to address these inequalities and what are the best strategies for doing so. What role must each country play in helping itself? What is the role of international agreements and agencies, of NGOs, and of corporations in addressing global poverty? How do we weigh policies that emphasize growth against policies that emphasize within-country equality, health, or education?
In seeking answers to these questions, the class will combine readings on the law and economics of global development with readings on the philosophy of global justice. A particular focus will be on the role that legal institutions, both domestic and international, play in discharging these duties. For, example, we might focus on how a nation with natural resources can design legal institutions to ensure they are exploited for the benefit of the citizens of the country.
Students will be assessed via a substantial research paper and class participation.
Non-law students are welcome but need permission of the instructors, since space is limited.
Winter 2013
Martha Nussbaum, David A. Weisbach
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Health Care Policy
LAWS 68504
- 01
(3)
c/l, m, r, w, x
This seminar will review basic health care economics and policy. We will discuss the regulation of providers (doctors, hospitals, drug companies) and insurance markets (government insurance through Medicaid and Medicare, state and federal regulation of insurance). Much of the seminar will focus on provisions in the new Patient Protection and Affordable Care Act. In the process we will discuss challenges that health care markets face, including physician-induced supply and moral hazard and adverse-selection in insurance markets. We will also discuss efforts to control costs and the impact of rising health care costs on the federal budget.
Students will be assessed via a substantial research paper and class participation.
Autumn 2012
Anup Malani
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History of Civil Liberties in the United States
LAWS 70707
- 01
(2 to 3)
m, r, w, x
This seminar examines changing understandings of civil liberties in American legal history. It emphasizes legal and ideological contests over the meaning of free speech, religious freedom, and reproductive rights during the nineteenth and twentieth centuries. Readings explore the intersection between legal struggles and broader developments in social, cultural, and political history, with a particular focus on the labor, civil rights, and feminist movements.
Grading will be based on class participation and a series of short response papers.
Students can also elect to write a longer paper that satisfies the SRP requirement for an additional credit.
Autumn 2012
Laura Weinrib
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Independent Research
LAWS 49901
- 01
(1 to 2 to 3)
+, r, w
Second-year, third-year, and LL.M. students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
Autumn 2012
-
Independent Research
LAWS 49901
- 01
(1 to 2 to 3)
+, r, w
Second-year, third-year, and LL.M. students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
Winter 2013
-
Independent Research
LAWS 49901
- 01
(1 to 2 to 3)
+, r, w
Second-year, third-year, and LL.M. students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
Spring 2013
-
International Human Rights
LAWS 96101
- 01
(3)
c/l, r, w
This course is an introduction to international human rights law, covering the major instruments and institutions that operate on the international plane. It includes discussion of the conceptual underpinnings of human rights, the structure of the United Nations System, the major international treaties, regional human rights machinery, and the interplay of national and international systems in enforcing human rights.
There are no prerequisites.
Grading will be on the basis of a take-home exam at the end of the quarter.
Students who wish to write, in lieu of the exam, a paper sufficient to satisfy the substantial writing requirement, may do so upon approval of the topic in advance.
Undergraduate students by instruction permission only.
Autumn 2012
Tom Ginsburg
