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Economic Analysis of The Law
LAWS 73201
- 01
(3)
c/l
This course introduces the concepts of law and economics. Over the last forty years, economics has become an important tool for those who want to understand the effect legal rules have on the way people behave. This course also explores the extent to which the principles of economics can be used to explain the workings of the legal system itself. The topics covered in this course include the Coase theorem, the choice between property and liability rules, the allocative effects of alternative liability rules (e.g., strict liability versus negligence); the determination of damages for breach of contract; and the economics of legal procedure.
No prior acquaintance with economics or calculus is assumed; the relevant economic concepts are developed through an examination of particular legal applications.
The student's grade is based on a final examination.
Autumn 2013
Anup Malani
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Election Law
LAWS 95903
- 01
(3)
r, w
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.
Autumn 2013
Nicholas Stephanopoulos
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Electronic Commerce Law
LAWS 61802
- 01
(3)
m, w, x
This seminar focuses on both the technology involved in electronic commerce and the law surrounding the emerging field. Electronic commerce is growing at an exponential rate. As more of our daily commercial lives are lived through use of computers, decisions must be made: will existing law treat e-commerce no differently than any other kind of commerce, or must new laws emerge to take into account some of the radical new transactions and complications? The seminar will begin with an overview of the history and infrastructure of the Internet, setting the groundwork and providing students with a working knowledge of the terminology and technology they will likely encounter working in this legal field. Additional background discussion will involve the concept of regulation of the Internet, global vs. national perspectives on the law of the Internet, and conceptions of sovereignty. Topics will be dictated by the needs of the moment, but will potentially include electronic contracts, digital signatures, the application of traditional UCC doctrines such as the mailbox rule and the statute of frauds to e-commerce, Internet sales of highly regulated goods (such as alcohol, firearms, pharmaceuticals), the domain name system and its relation to trademark law, trade-related issues such as consumer fraud/protection and product disparagement, sales taxation, Internet and business method patents, digital cash/smart cards, digital checks, electronic securities law, Internet gambling, commercial privacy, and e-commerce in gray and black markets. Time permitting, we may also explore the relationship of international law to e-commerce, the effect of e-commerce concepts on commercial litigation, and export control laws involving cryptography.
Enrollment is capped at 20.
Topics not covered in the seminar will be suitable for papers.
There is a short presentation on the same topic as the student's written paper - this counts for 20% of the grade.
Winter 2014
Marsha Ferziger Nagorsky
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Elements of Economic Analysis 2: HONORS
LAWS 99305
- 01
(3)
c/l
This course is the honors section of the second term of intermediate microeconomics. It demands of students a broader range of skills and more creativity than the regular section. While it is not more mathematical, mathematical concepts are covered in less detail in class requiring more independence. After building foundational concepts in price theory, including supply, perfect and imperfect competition and externalities, the course applies these ideas to the design of economic and legal institutions such as redistributive taxation, competition policy and collective decision-making.
Winter 2014
-
Elements of Economic Analysis 2: HONORS
LAWS 99305
- 01
(3)
+, c/l
This course is the honors section of the second term of intermediate microeconomics. It demands of students a broader range of skills and more creativity than the regular section. While it is not more mathematical, mathematical concepts are covered in less detail in class requiring more independence. After building foundational concepts in price theory, including supply, perfect and imperfect competition and externalities, the course applies these ideas to the design of economic and legal institutions such as redistributive taxation, competition policy and collective decision-making.
Autumn 2013
-
Elements of the Law
LAWS 30101
- 01
(3)
1L
This course examines certain issues that occur in many different areas of the law and considers the relationship between these issues and comparable questions in other fields of thought, such as moral and political philosophy, economics, and political theory. The subjects for discussion include the nature of, and justification for, reasoning from precedent; the meaning of such notions as consent, coercion, and voluntary choice; the decision whether to impose rules or allow discretion; the problems of interpreting statutes and other authoritative texts; and the objective or subjective nature of moral judgments.
The student's grade is based on a final examination.
Autumn 2013
Richard H. McAdams
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Elements of the Law
LAWS 30101
- 02
(3)
1L
This course examines certain issues that occur in many different areas of the law and considers the relationship between these issues and related questions in other fields of thought, such as moral and political philosophy, economics, and political theory. The subjects for discussion include the nature of, and justification for, reasoning from precedent; the meaning of such notions as consent, coercion, and voluntary choice; the decision whether to impose rules or allow discretion; the problems of interpreting statutes and other authoritative texts; and the objective or subjective nature of moral judgments.
The student's grade is based on a final examination.
Autumn 2013
David A. Strauss
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Empirical Criminal Law
LAWS 60803
- 01
(2)
m, w, x
This seminar will discuss the leading empirical research on a breadth of topics in criminal law. No prior background in economics or statistics is necessary. We will evaluate empirical papers on topics such as the determinants of crime, policing, prosecution, trial, sentencing, and the effects of punishment on longer-term outcomes.
Grading will be based on two response papers, class participation, and a research proposal for an empirical project on criminal law.
Spring 2014
Crystal Yang
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Employee Benefits Law
LAWS 55503
- 01
(3)
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 required for this seminar.
Winter 2014
Charles Wolf
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Employment Discrimination Law
LAWS 43401
- 01
(2 to 3)
m, w, x
This seminar deals with the problem of discrimination in the American workplace and the federal and state statutes that have been enacted to prohibit it. Primary focus will be on the major federal equal employment opportunity statutes (Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act), the types of claims that are brought under these laws (disparate treatment, disparate impact, mixed motives, and retaliation claims), and the varying burdens of proof/persuasion, procedural prerequisites, and remedies provided by these statutes, along with current proposals for legislative change.
Enrollment will be limited to 20 students.
The student's grade will be based on class participation and a final examination; students wishing to earn 3 credits for the class may write a 10-12+ page research paper in addition to the final exam.
Winter 2014
James Whitehead
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Employment Law
LAWS 43511
- 01
(2 to 3)
m, w, x
This seminar is designed to provide the student with an overview of the common law principles and leading federal and state statutes that govern the private-sector employment relationship. Among the topics to be covered are (1) the contractual nature of the employment relationship and the employment-at-will doctrine; (2) contractual, tort-based, and statutory erosions of the employment-at-will doctrine; (3) the contractual and common law duties and obligations owed by an employee to the employer; (4) wage and hour, child-labor, and employee leave statutes, including the Family and Medical Leave Act (FMLA); (5) other employee protective statutes, including the Occupational Safety and Health Act (OSHA), the Worker Adjustment and Retraining Notification Act (the WARN Act), state workers’ compensation laws, and federal and state whistle-blower protective statutes; and (6) arbitration of employment disputes.
This seminar supplements, but will not cover the topics presented in, the Law School’s courses in Labor Law (LAWS 43101) and Employment Discrimination Law (LAWS 43401), which are not prerequisites to enrollment.
Enrollment will be limited to 20 students.
The student’s grade will be based on a final examination.
Students wishing to earn 3 credits for the class may write a 10-12+ page research paper in addition to the final exam.
Spring 2014
James Whitehead
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Employment Law Clinic
LAWS 67113
- 01
(1)
+, 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. 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. The student's grade is based on class participation. 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. Evidence is a prerequisite for 3L's in the clinic. The Intensive Trial Practice Workshop (or an equivalent trial practice course) is recommended for 3L's in the clinic.
Winter 2014
Randall D. Schmidt
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Employment Law Clinic
LAWS 67113
- 01
(1)
+, 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. 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. The student's grade is based on class participation. 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. Evidence is a prerequisite for 3L's in the clinic. The Intensive Trial Practice Workshop (or an equivalent trial practice course) is recommended for 3L's in the clinic.
Autumn 2013
Randall D. Schmidt
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Employment Law Clinic
LAWS 67113
- 01
(1)
+, 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. 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. The student's grade is based on class participation. 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. Evidence is a prerequisite for 3L's in the clinic. The Intensive Trial Practice Workshop (or an equivalent trial practice course) is recommended for 3L's in the clinic.
Spring 2014
Randall D. Schmidt
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Energy Law Seminar
LAWS 45302
- 01
(3)
m, x
The objective of this seminar is to provide the student with exposure to current domestic and international energy law issues from the perspective of a practicing professional. The first half of the seminar will lead students through a series of current topics in energy law, using examples from client matters. Topics will include structuring domestic and international energy financings, acquisitions and joint ventures and navigation of government issues such as corruption and the natural resources curse. The seminar will conclude with a simulated international auction or “bidding round” in which students act as in-house counsel for oil and gas companies competing for exploration blocks in the Republic of Angola. Teams will be subject to the regulations and laws of the Republic of Angola. After the auction, students will negotiate transactions among themselves in an effort to improve upon their auction results. The final stage of the workshop is a drilling exercise in which the teams can see the relative success of their auction and negotiation efforts. The instructor will provide guidance to the students/counsel over the course of the simulation.
The seminar will require not only in-class participation, but also negotiation sessions between class meetings.
Oil & Gas Law is not a prerequisite to this seminar, and the overlap between the classes is minimal.
The textbook for this course is International Energy Development (Gaille).
Spring 2014
Scott Gaille
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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 then 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 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 2013
Elizabeth Kregor, Erika Harford
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Environmental Law
LAWS 46001
- 01
(3)
This course is an introduction to the laws, policies and theories related to environmental protection in the United States. The course covers the principal federal environmental regimes, including the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, and those associated with toxic substances and waste. Illustrative topics include economic and non-economic perspectives on the use of and impacts on natural resources; the objectives of environmental regulation; the development of information about environmental quality; federalism; and the choice of regulatory tools, such as regulation, taxes, marketable permit schemes, liability rules, and informational requirements.
The student's grade is based on a final examination.
Winter 2014
Mark N. Templeton
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Ethical Quandaries in Legal Practice
LAWS 41013
- 01
(3)
m, p, x
With the advent of 24-hour news cycles and the proliferation of social media, the practice of law is under increasingly intense scrutiny from clients, the public, the judiciary, governments, regulators and peers. The attendant risk to the reputations of practicing attorneys is much higher than it has ever been. This seminar will satisfy the professional responsibility/ethics graduation requirement. Through analysis of ethical issues that attorneys face on a daily basis, we will study the challenges, pitfalls, consequences and opportunities associated with the ethical practice of law. Additionally, we will examine the tension caused by attorneys' competing duties to: exercise independent judgment, act as trusted advisors, serve as officers of the court, and provide zealous advocacy. Seasoned attorneys from the public sector, private practice and the judiciary will join portions of the seminar to discuss real world scenarios and provide insight into how attorneys can successfully navigate through today's ethical minefields.
Spring 2014
Joseph Alesia
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EU Competition Law: With Special Emphasis on the Application of Advanced Topics in Antitrust
LAWS 75402
- 01
(2 to 3)
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 course 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 pre-2000 cases. Topics covered in recent years include the design of antitrust regimes, ordo-liberalism, two-sided markets, screening methods for cartels, dynamic competition, and behavioral economics. Cases covered in recent years have included the Commission’s decisions against MasterCard under Article 101 and Microsoft under Article 102.
Grade will be based on a final in-class examination and an optional paper (to receive 3 credits).
Spring 2014
David Evans
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European Legal History
LAWS 91901
- 01
(2 to 3)
m, r, 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 2014
R. H. Helmholz
