William Baude : Courses and Seminars
Constitutional Law I: Governmental Structure
This course provides an introduction to the U.S. Constitution. We will cover the traditional topics in separation of powers and federalism, including Congress's enumerated powers, the scope of executive power, judicial review, and so on. In the course of covering those substantive topics, we will sometimes explore the Constitution's meaning outside of judicial doctrine, asking how it should be interpreted by different people and institutions. The student's grade is based on class participation and a final take-home examination.
Public Morality and Legal Conservatism
This seminar will study the philosophical background of contemporary legal arguments alluding to the idea of "public morality," in thinkers including Edmund Burke, James Fitzjames Stephen, and Patrick Devlin, and the criticisms of such arguments in thinkers including Jeremy Bentham, John Stuart Mill, and Herbert Hart. We will then study legal arguments on a range of topics, including drugs and alcohol, gambling, nudity, pornography and obscenity, non-standard sex, and marriage. Non-law students are welcome but need permission of the instructors, since space is limited. We are aiming for a total enrollment of 30, of which up to 10 can be non-law students (no undergraduates), and the rest will be law students, selected by lottery. Non-law students should apply to both professors by December 1, 2015, describing relevant background, especially in philosophy.
Martha Nussbaum, William Baude
This course covers the role of the federal courts in the federal system. Topics will include the jurisdiction of the federal courts, Congress's power over those courts, litigation against federal and state governments and their officials, and the relationships between federal and state courts. Constitutional Law I is a prerequisite, though it may be waived in special circumstances. The student's grade is based on class participation and a final take-home examination.