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M. Todd Henderson : Courses and Seminars

American Indian Law
LAWS 53278
(CORE, SRP, WP) This course will consider two distinct bodies of law regarding the 565 federally recognized Indian tribes in the United States. First, we will study the law governing the relation between non-tribal law and tribal law. This is the law of treaties, federal jurisdiction, and sovereignty. The Supreme Court has several cases on tribal issues each year, and with the rise of gaming and natural resources as major sources of wealth, the stakes in these cases for tribe members and non-members is increasing. The materials for the course will be mostly Supreme Court cases, as well as some historical materials necessary to understand the context of the judicial consideration of tribal jurisdiction. The flavor for this part of the course will be international law, although with a decidedly American approach. Second, we will study the law within several prominent tribal areas. The Hopi, for instance, have a court system that is roughly parallel to the American one, but with key differences for handling crimes, contracts, torts, and so on. The flavor for this part of the course will be comparative law, since we will compare how different legal rules develop in distinct but related legal systems. This course is mandatory for students interested in participating in the Hopi Law Practicum (serving as clerks to justices of the Hopi Appellate Court on live cases), but it is open to all students with an interest in tribes, federal jurisdiction, sovereignty, or comparative law.
Autumn 2016
M. Todd Henderson, Justin Richland
Business Organizations
LAWS 42301
(BID, CORE)This course will examine the law of the various ways in which businesses are organized, including partnerships, limited liability companies, and corporations, with an emphasis on corporate law. This is a foundational course, so there are no prerequisites and no familiarity with business, economics, or anything else is required. Whether you are interested in working in litigation or transactional work, for the government, a law firm, an NGO, or a business, understanding the law of business associations is essential.
Autumn 2016
M. Todd Henderson
Greenberg Seminar: The Future of Government
LAWS 92000
(A, BID)This Greenberg Seminar will explore how new innovations upend existing systems, with a special focus on the ways that technological innovations may affect, displace, or even replace existing legal and regulatory frameworks. We will explore such topics as the conflict between insurgent startup companies like Uber and existing regulation, labor market dislocations brought on or hastened by automation, and how technological change can or should change government structures.Graded Pass/Fail.
Autumn 2016
M. Todd Henderson, Salen Churi
Hopi Law Practicum
LAWS 53359
(++, A)This practicum is designed to give students first hand experience with the complex challenges and unique opportunities present in the everyday work of contemporary tribal legal systems. Students will serve as law clerks to justices of the Hopi Appellate Court, doing legal research, writing bench memoranda, and drafting opinions on live cases. Students will do all their coursework and assigned casework at the University of Chicago with site visits to the respective Hopi legal institutions to attend oral arguments, present findings to Hopi tribal officials, and participate in judicial deliberations. In so doing, they will be directly involved in testing the socio-legal principles, theories and critiques they explore in class in the crucible of the work they do helping to lay the regulatory and legal foundations for Hopi tribal institutions. In this practicum, almost every project that a student will work on will involve important questions of first impression with respect to a wide variety of pressing, yet enduring sociolegal issues, including issues of constitutionalism (separations of powers, checks and balances, etc.), crime and punishment (criminal law enforcement and defendants' and victims' rights), civil procedure (due process, appellate procedure, motions and orders), private law (property, contract, family), pluralism (the role of Anglo-American vs. Hopi traditional norms, and alternative dispute resolution), among many others. Given the centrality of these issues to the philosophy, social science, and practice of law - whether in the context of indigenous self-governance and settler colonialism, or otherwise -we believe that there are few other opportunities like this one, where students will encounter, explore and work through, the profound governance and legal issues and discussions offered by the Hopi Tribal Law Practicum.
Autumn 2016
M. Todd Henderson
Greenberg Seminar: The Future of Government
LAWS 92000
(A)This Greenberg Seminar will explore how new innovations upend existing systems, with a special focus on the ways that technological innovations may affect, displace, or even replace existing legal and regulatory frameworks. We will explore such topics as the conflict between insurgent startup companies like Uber and existing regulation, labor market dislocations brought on or hastened by automation, and how technological change can or should change government structures.Graded Pass/Fail.
Spring 2017
M. Todd Henderson, Salen Churi
Hopi Law Practicum
LAWS 53359
(++, A)This practicum is designed to give students first hand experience with the complex challenges and unique opportunities present in the everyday work of contemporary tribal legal systems. Students will serve as law clerks to justices of the Hopi Appellate Court, doing legal research, writing bench memoranda, and drafting opinions on live cases. Students will do all their coursework and assigned casework at the University of Chicago with site visits to the respective Hopi legal institutions to attend oral arguments, present findings to Hopi tribal officials, and participate in judicial deliberations. In so doing, they will be directly involved in testing the socio-legal principles, theories and critiques they explore in class in the crucible of the work they do helping to lay the regulatory and legal foundations for Hopi tribal institutions. In this practicum, almost every project that a student will work on will involve important questions of first impression with respect to a wide variety of pressing, yet enduring sociolegal issues, including issues of constitutionalism (separations of powers, checks and balances, etc.), crime and punishment (criminal law enforcement and defendants' and victims' rights), civil procedure (due process, appellate procedure, motions and orders), private law (property, contract, family), pluralism (the role of Anglo-American vs. Hopi traditional norms, and alternative dispute resolution), among many others. Given the centrality of these issues to the philosophy, social science, and practice of law - whether in the context of indigenous self-governance and settler colonialism, or otherwise -we believe that there are few other opportunities like this one, where students will encounter, explore and work through, the profound governance and legal issues and discussions offered by the Hopi Tribal Law Practicum.
Spring 2017
M. Todd Henderson, Justin Richland
Greenberg Seminar: The Future of Government
LAWS 92000
(A)This Greenberg Seminar will explore how new innovations upend existing systems, with a special focus on the ways that technological innovations may affect, displace, or even replace existing legal and regulatory frameworks. We will explore such topics as the conflict between insurgent startup companies like Uber and existing regulation, labor market dislocations brought on or hastened by automation, and how technological change can or should change government structures.Graded Pass/Fail.
Winter 2017
M. Todd Henderson, Salen Churi
Hopi Law Practicum
LAWS 53359
(++, A)This practicum is designed to give students first hand experience with the complex challenges and unique opportunities present in the everyday work of contemporary tribal legal systems. Students will serve as law clerks to justices of the Hopi Appellate Court, doing legal research, writing bench memoranda, and drafting opinions on live cases. Students will do all their coursework and assigned casework at the University of Chicago with site visits to the respective Hopi legal institutions to attend oral arguments, present findings to Hopi tribal officials, and participate in judicial deliberations. In so doing, they will be directly involved in testing the socio-legal principles, theories and critiques they explore in class in the crucible of the work they do helping to lay the regulatory and legal foundations for Hopi tribal institutions. In this practicum, almost every project that a student will work on will involve important questions of first impression with respect to a wide variety of pressing, yet enduring sociolegal issues, including issues of constitutionalism (separations of powers, checks and balances, etc.), crime and punishment (criminal law enforcement and defendants' and victims' rights), civil procedure (due process, appellate procedure, motions and orders), private law (property, contract, family), pluralism (the role of Anglo-American vs. Hopi traditional norms, and alternative dispute resolution), among many others. Given the centrality of these issues to the philosophy, social science, and practice of law - whether in the context of indigenous self-governance and settler colonialism, or otherwise -we believe that there are few other opportunities like this one, where students will encounter, explore and work through, the profound governance and legal issues and discussions offered by the Hopi Tribal Law Practicum.
Winter 2017
M. Todd Henderson
Securities Regulation
LAWS 42401
(++, BID, CORE)We will examine in detail the law regulating the issuance and sale of securities (that is, stocks, bonds, and other financial instruments) in the United States. Topics will include: initial public offerings (IPOs), the regulation of stock exchanges, private placements of stock, securities fraud litigation, and the regulation of broker-dealers.
Winter 2017
M. Todd Henderson