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Eduardo Peñalver : Courses and Seminars

Unpublished
Land Use
LAWS 61301
Few areas of law have as immediate an impact on our lived environment than the law of land use. This course will provide a broad introduction to the theory, doctrine, and history of land use regulation. Topics will include zoning, homeowners’ associations, nuisance, suburban sprawl, eminent domain and regulatory takings. Throughout, we will discuss the ways land use regulation affects important human values, such as economic efficiency, distributive justice, social relations, and the environment. Readings will be drawn from the leading cases as well as commentary by scholars in the fields of law, architecture, and planning. Grades will be based on performance on an eight-hour take-home exam as well as class participation.
Spring 2014
Eduardo Peñalver
Law and Religion
LAWS 97522
This course will cover the constitutional law of religion as well as related statutes, such as the Religious Freedom Restoration Act and antidiscrimination laws. Topics will include free exercise accommodations, religious expression in public spaces, the relationship between religion and the state, and the significance of religious institutions. Grades will be based on a final in-class examination or a full-length research paper, plus class participation.
Winter 2014
Eduardo Peñalver
Property
LAWS 30411
This course, offered over two sequential quarters, provides an introduction to the legal relationships that arise out of or constitute ownership of property. Subjects covered may include, but are not limited to, such areas as the initial acquisition of rights in real and personal property, the nature of ownership of natural resources, the various types of concurrent and successive interests in land, and restraints on alienation. The course will also deal with the law relating to easements and covenants, landlord and tenant, and conveyancing. The student's grade is based on a single final examination at the conclusion of the Winter quarter.
Autumn 2013
Eduardo Peñalver
Theories of Property
LAWS 95502
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. Students who have taken or are taking LAWS 94703 (Private Ownership of Cultural Property) may not enroll in this class.
Spring 2014
Eduardo Peñalver
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