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Nicholas Stephanopoulos : Courses and Seminars

Administrative Law
LAWS 46101
This course examines the structure of the administrative state, its relations to the other branches of government and private citizens, and the constitutional, statutory, and common law rules that govern the substance and procedure of administration action and inaction. The course focuses on some constitutional topics, including the non-delegation doctrine, presidential control over administrative agencies, and the delegation of adjudicative authority to non-Article III officers. Substantial attention is given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; public participation in agency rulemaking; and non-traditional approaches to regulation, including negotiation and privatization. A central theme of the course is how the law manages the tension between rule of law values (e.g., procedural regularity, accountability, and substantive limits on arbitrary action) and the desire for flexible, effective administrative governance. The student's grade is based on a final examination.
Winter 2014
Nicholas Stephanopoulos
Constitutional Law III: Equal Protection and Substantive Due Process
LAWS 40301
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are the constitutional law governing discrimination on the basis of race, gender, and other characteristics, and the recognition of individual rights not explicitly enumerated in the Constitution. Throughout, students consider certain foundational questions, including the role of courts in a democracy and the question of how the Constitution should be interpreted.
Autumn 2013
Nicholas Stephanopoulos
Election Law
LAWS 95903
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
Greenberg Seminar: Cheating
LAWS 95902
This seminar will explore legal, ethical, and procedural issues inherent in questions of cheating and rule breaking in contexts ranging from sports and academics to private career advancement. We will look at the nature of rules and difficult distinctions that must be drawn such as why some rules are expected to be broken while others are not. We will explore the line between artificial performance enhancement as cheating on the one hand and as positive personal improvement on the other. For example, we will look at the different treatment of performance enhancing drugs in athletics and in performance art. We will also explore how and when law and government should be involved in setting and enforcing rules.
Autumn 2013
Nicholas Stephanopoulos, Anthony Casey
Public Opinion, Public Policy, and the Law
LAWS 69002
This seminar will explore the intersection of public opinion, public policy, and the law. To date, questions about whether and how public opinion influences public policy have been addressed primarily by political scientists. But these questions are also vital to several legal domains, in particular constitutional law and election law. In the constitutional law context, the mistranslation of public opinion into public policy may be evidence of a political malfunction that requires judicial intervention. In the election law context, one of the most important functions of elections is to align the preferences of the electorate with the policies enacted by their representatives. The seminar will tackle these complex and interesting issues through readings drawn from legal scholarship, political theory, and empirical political science. An effort will also be made to have outside speakers present papers once or twice during the quarter.
Winter 2014
Nicholas Stephanopoulos
Workshop: Public Law and Legal Theory
LAWS 63402
Working from a variety of methodological orientations, the workshop examines questions arising at the intersections of public law, legal theory, and interdisciplinary work in law and the social sciences, with an emphasis on politics, legal history, and legal theory. Sessions are devoted to the presentation and discussion of papers by faculty members from other institutions. Students must enroll for the entire year and will receive one pass/fail credit. Students are required to read the papers, attend the workshop, ask questions, and to submit one reaction paper per quarter on a paper of their choosing.
Winter 2014
R. H. Helmholz, Alison LaCroix, Nicholas Stephanopoulos, Eduardo Peñalver, Jennifer Nou
Workshop: Public Law and Legal Theory
LAWS 63402
Working from a variety of methodological orientations, the workshop examines questions arising at the intersections of public law, legal theory, and interdisciplinary work in law and the social sciences, with an emphasis on politics, legal history, and legal theory. Sessions are devoted to the presentation and discussion of papers by faculty members from other institutions. Students must enroll for the entire year and will receive one pass/fail credit. Students are required to read the papers, attend the workshop, ask questions, and to submit one reaction paper per quarter on a paper of their choosing.
Spring 2014
R. H. Helmholz, Alison LaCroix, Nicholas Stephanopoulos, Eduardo Peñalver, Jennifer Nou
Workshop: Public Law and Legal Theory
LAWS 63402
Working from a variety of methodological orientations, the workshop examines questions arising at the intersections of public law, legal theory, and interdisciplinary work in law and the social sciences, with an emphasis on politics, legal history, and legal theory. Sessions are devoted to the presentation and discussion of papers by faculty members from other institutions. Students must enroll for the entire year and will receive one pass/fail credit. Students are required to read the papers, attend the workshop, ask questions, and to submit one reaction paper per quarter on a paper of their choosing.
Autumn 2013
R. H. Helmholz, Alison LaCroix, Nicholas Stephanopoulos, Eduardo Peñalver, Jennifer Nou