-
The Federal Budget
LAWS 52801
- 01
(3)
m, r, w, x
The budget sets the size and scope of government. It affects everything the federal government does. The United States is currently facing a budgetary crisis that will involve hard choices about government spending and taxation. This seminar will examine the federal budget process. It will start by examining the basic facts about the U.S. fiscal situation and budget, how the budget is calculated, and the process by which it is set. The seminar will then turn to central topics within the budget, such as taxation, health care, social security, and discretionary spending. Finally, it will consider budget reform proposals.
Students will be expected to write a paper on a topic related to the federal budget.
Autumn 2013
Anup Malani, David A. Weisbach
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The Grand Jury: History, Law, and Practice
LAWS 51603
- 01
(2)
m, x
The grand jury is one of the least-understood institutions within the United States criminal justice system. A pre-constitutional institution with medieval English origins, the grand jury system that survives today is unique to the United States. Critics suggest that the grand jury has become an institution that is paradoxically both too powerful and obsolete, and that its independence and role as a safeguard of liberty has been compromised. In contrast, other proposals have sought to expand the grand jury’s authority to disclose its secret proceedings for national security purposes and to use grand jury evidence in parallel civil litigation. This seminar will examine critically the historical origin, development, and purposes of the grand jury. With this foundation, we will then devote most of the seminar to studying modern grand jury practice, including the law of secrecy and disclosure, parallel proceedings, the role of immunity and privileges, obstruction and false statement prosecutions, charging instruments, and the regulation of prosecutorial discretion. In doing so, we will consider the perspectives of counsel for witnesses or subjects, government prosecutors, and broader policy interests. Finally, we will consider reform proposals, alternatives to the grand jury, and how the institution may evolve.
Grades will be based on response papers together with participation and a practical exercise.
Autumn 2013
Mark E. Schneider
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The Law and Ethics of Lawyering
LAWS 41014
- 01
(3)
m, p, x
This seminar, which satisfies the professional responsibility requirement, will consider the law and ethics of lawyering. Working with materials from a leading casebook, the ABA Model Rules, and supplementary readings, we will devote considerable attention to the question: What does the law that governs lawyering say that I should do. Topics will include conformity to law, corporate fraud, confidentiality, and conflicts of interest. At the same time, we will explore the gap between what the law of lawyering says I should do and what I (all things considered) might think I should do. What different kinds of reasons can a lawyer have for doing or not doing what the law of lawyering says should be done?
Enrollment will be limited to 20.
Students will be evaluated on the basis of participation, a series of short written assignments, and an in-class final exam.
Attendance is mandatory.
Winter 2014
-
The Roberts Court
LAWS 50312
- 01
(2)
m, w
Co-taught by Professor Lee Epstein and Mr. Adam Liptak (Supreme Court correspondent of the New York Times) with Judge Richard A. Posner and Professor William M. Landes also participating, this seminar will examine the contemporary Supreme Court. Topics include the Court's membership; its procedures for selecting cases for review; the role of lawyers, law clerks, and journalists; and doctrinal developments in several areas of the law.
This seminar that will meet January 10-12, as follows:
Friday, January 10, 2014: 9:00 a.m. noon; 2:00 - 4:00 p.m.
Saturday, January 11, 2014: 9:00 a.m. noon; 2:00 - 4:00 p.m.
Sunday, January 12, 2014: 9:00 a.m. noon
We'll schedule two additional class sessions in the Spring quarter for paper presentations (April or May).
Spring 2014
Lee Epstein, Adam Liptak
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The Roberts Court
LAWS 50312
- 01
(1)
m, w, x
Co-taught by Professor Lee Epstein and Mr. Adam Liptak (Supreme Court correspondent of the New York Times) with Judge Richard A. Posner and Professor William M. Landes also participating, this seminar will examine the contemporary Supreme Court. Topics include the Court's membership; its procedures for selecting cases for review; the role of lawyers, law clerks, and journalists; and doctrinal developments in several areas of the law.
This seminar that will meet January 10-12, as follows:
Friday, January 10, 2014: 9:00 a.m. - noon; 2:00 - 4:00 p.m.
Saturday, January 11, 2014: 9:00 a.m. - noon; 2:00 - 4:00 p.m.
Sunday, January 12, 2014: 9:00 a.m. - noon
We'll schedule two additional class sessions in the Spring quarter for paper presentations (April or May).
Winter 2014
Lee Epstein, Adam Liptak
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The US-China Treaty Project
LAWS 80806
- 01
(3)
m, w, x
The United States and China are engaged in the most important bilateral relationship of our era, yet the relationship remains random, fragile, and mistrustful. China’s rising influence threatens to change the global status quo, and the United States is understandably concerned. If these two giants learn how to collaborate, they could conceivably solve the world’s greatest problems. Alternatively, if they elect to contest each other at every turn, the result will be global instability and crisis. Unfortunately, the Shanghai Communiqué, which helped to open China forty years ago, is no longer sufficient as a guide; a new framework is needed. The world has grown less structured and more volatile, and the two nations are more competitive than ever. The risk of conflict is growing along with the volume of sensitive interactions. It is time for both nations to negotiate a new bargain that will guide and support the steady maturation of their high-potential, high-risk relationship. This seminar will advocate that the two nations develop a new, fifty-year treaty in the form of a strategic cooperation agreement. We will define the rationale and the case for action, draft major components of the proposed treaty, outline the pathway required for adoption, and transmit our end-product to foreign policy authorities in Washington and Beijing.
Grading will be determined by class participation and by performance across three short papers. The first paper will examine best practices in bilateral treaty development; the second will focus on critical factors in the future United States – China relationship; and, the third will require drafting of key components for the proposed treaty.
Spring 2014
Tom Manning
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Theories of Property
LAWS 95502
- 01
(2)
m, x
This seminar will provide an introduction to the most influential contemporary theories of property, as well as an opportunity to discuss how those theories might approach several important questions within property law. The first half of the seminar will survey the contending theories, including various utilitarian/welfarist theories of property, Lockean and libertarian theories, as well as Aristotelian approaches. The second half will explore various property "controversies" through the lenses of these theories. We will discuss questions such as redistribution, eminent domain, and the right to exclude.
Students will be graded on a series of reaction papers and class participation.
Spring 2014
Eduardo Peñalver
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Torts
LAWS 30611
- 01
(3)
1L, a
The focus of this course, offered over two sequential quarters, is on the Anglo-American system (mainly judge-created) of the liability for personal injury to person or property. Special stress is laid on the legal doctrines governing accidental injury, such as negligence and strict liability, assumption of risk, and the duty requirement. The rules for determining damages in personal-injury cases are discussed. Alternative theories of tort liability, e.g., moral and economic, are compared.
The student's grade is based on a single final examination at the end of the Winter quarter.
Autumn 2013
M. Todd Henderson
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Torts
LAWS 30611
- 01
(3)
1L, a
The focus of this course, offered over two sequential quarters, is on the Anglo-American system (mainly judge-created) of the liability for injury to person or property. Special stress is laid on the legal doctrines governing accidental injury, including as negligence and strict liability.
The student's grade is based on a single final examination.
Winter 2014
Saul Levmore
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Torts
LAWS 30611
- 02
(3)
1L
The focus of this course, offered over two sequential quarters, is on the Anglo-American system (mainly judge-created) of the liability for injury to person or property. Special stress is laid on the legal doctrines governing accidental injury, including as negligence and strict liability.
The student's grade is based on a single final examination at the end of the Winter quarter.
Autumn 2013
Saul Levmore
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Torts
LAWS 30611
- 02
(3)
1L, a
The focus of this course, offered over two sequential quarters, is on the Anglo-American system (mainly judge-created) of the liability for personal injury to person or property. Special stress is laid on the legal doctrines governing accidental injury, such as negligence and strict liability, assumption of risk, and the duty requirement. The rules for determining damages in personal-injury cases are discussed. Alternative theories of tort liability, e.g., moral and economic, are compared.
The student's grade is based on a single final examination.
Winter 2014
M. Todd Henderson
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Trademarks and Unfair Competition
LAWS 45701
- 01
(3)
Course covering federal and state doctrines governing trademarks, domain names, and geographical indications; state law unfair competition doctrines; trademark dilution; publicity rights; and federal registration of trademarks.
The student's grade is based on a final proctored examination.
Autumn 2013
William M. Landes
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Trial Advocacy
LAWS 67603
- 01
(3)
+, s, u, x
This class will explore the trial lawyer's craft, with a focus on both the written submissions important in litigation and the courtroom skills required at various stages in the life of a case. The instruction will be by lectures, demonstrations, and participation in learning-by-doing exercises (including a mini-trial). Students will learn how to use motions, depositions, written discovery, expert witnesses, exhibits, and technology as effective litigation tools.
Students who have taken LAWS 67503 Intensive Trial Practice Workshop or LAWS 91702 Trial Practice: Strategy and Advocacy may not take LAWS 67603 Trial Advocacy.
While the instructors strongly recommend that students have a good understanding of the Federal Rules of Evidence before taking the seminar, this is not an absolute prerequisite.
Final grades will be based on class participation, performance during courtroom exercises and the mini-trial, a fifteen-page trial brief, brief in support of a motion, or post-trial brief, and two shorter written pieces.
Performance in the mock trial will count for 60% of the students' grade.
Enrollment is limited to 24 students.
Winter 2014
Tom Dutton, Kevin Van Wart
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Trusts and Estates
LAWS 45201
- 01
(3)
This course examines American systems governing the transfer of property at death and related issues, with occasional glances at other legal systems. We first address statutory schemes for intestate succession. We then contrast the relatively formalistic law of wills (including capacity, execution, modification and revocation, and interpretation) with will substitutes and other comparatively flexible non-testamentary means of transferring property at death, including trusts. We close with a look at fiduciary duties, and in particular the modern prudent investor rule. We will consider both Illinois statutes and the Uniform Probate Code and Trust Act. Recurring course themes are the idea of testamentary freedom; statutory and other constraints on the disposition of property; and legal and other responses to social and technological changes such as assisted conception, artificial life support, untraditional families, and changes in the predominant forms of wealth.
Grades will be based on participation in class discussion, contribution to the class Wiki, and a final examination.
Winter 2014
Howard Helsinger, Michelle Huhnke
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US Supreme Court: Theory and Practice
LAWS 50311
- 01
(2)
m, x
This seminar will provide an in-depth look at the Supreme Court---its current docket and recent trends in its decisions, the modern debate over its proper role, and both written and oral advocacy before the Court.
In addition to class participation, students are graded on a legal brief (generally 15-25 pages in length) and on their performance in a moot court.
Winter 2014
Michael Scodro
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US Taxation of International Transactions
LAWS 44601
- 01
(3)
+
This course provides a survey of the US tax treatment of both inbound (foreign investment in the US) and outbound (US investment abroad) transactions. Though the principal focus of the class is on the US tax rules, some attention is paid to the interaction between US and foreign tax systems through the operation of the tax credit and tax treaties.
Introductory Income Tax is a recommended prerequisite.
Students grades will be based on a three-hour examination.
Winter 2014
Julie Roin
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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 2014
Aziz Huq, David A. Strauss
-
Workshop: Constitutional Law
LAWS 63612
- 01
(1)
a, m, r, w, x
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 2013
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 2014
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 the start of Autumn quarter 2013. It will meet eight times over the course of the academic year.
Winter 2014
Richard A. Posner, Frank H. Easterbrook, William M. Landes, Lee Epstein
