Administrative Law

Professor Jonathan Masur

The courses listed below provide a taste of the Administrative Law courses offered at the Law School, although no formal groupings exist in our curriculum. This list includes the courses taught in the 2016-17 and 2017-18 school years. Not all of these courses are offered every year, but this list will give you a representative sample of the variety of courses we might offer over any two-year period. Other new courses will likely be offered during your time at the Law School.

PLEASE NOTE: This page does not include courses for the current academic year. To browse current course offerings, visit my.UChicago.

Abrams Environmental Law Clinic

Spring 2018, Mark N. Templeton and Robert A. Weinstock

Students in the Abrams Environmental Law Clinic work to address climate change, water pollution and legacy contamination and to protect natural resources and human health. Clinic students engage in a wide variety of activities to learn practical legal skills, such as conducting factual investigations, interviewing witnesses and preparing affidavits, reviewing administrative determinations, drafting motions, working with experts, arguing motions and presenting at trial or an administrative hearing, among other activities. The Clinic generally represents regional and national environmental organizations and works with co-counsel, thus exposing students to the staff of these organizations and other experienced environmental lawyers. In addition to litigation, the Clinic may also engage in legislative reform and rule-making efforts; students interested solely in that kind of work should notify the instructor before joining the Clinic, if possible. While it helps for students to have taken or be taking one or more of Environmental Law, Administrative Law, Evidence, or Intensive Trial Practice, these courses are not pre-requisites or co-requisites. A student should plan to enroll in the Clinic for two credits per quarter, although he or she may enroll for one, two or three credits per quarter after consultation with clinic faculty. Students need to take a substantive environmental law class at some point when they are in the clinic. They are not precluded from taking the class if they have not yet taken Environmental Law when they enroll in the clinic and are not able to do so their first quarter due to when courses are offered. Nonetheless, students do need to take an environmental law class (any of the main stand-up class, climate change, or international environmental law) at some point when they are in the clinic.

Previously:

  • Autumn 2016, Mark N. Templeton and Robert A. Weinstock
  • Winter 2017, Mark N. Templeton and Robert A. Weinstock
  • Spring 2017, Mark N. Templeton and Robert A. Weinstock
  • Autumn 2017, Mark N. Templeton and Robert A. Weinstock
  • Winter 2018, Mark N. Templeton and Robert A. Weinstock

Administrative Law

Spring 2018, Jennifer Nou

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. A central theme 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. In particular, the course focuses on 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 also given to the Administrative Procedure Act (APA) and other statutory requirements for lawful agency action. Other covered topics include the proper role of agencies in interpreting statutory and regulatory law; judicial review of agency decisions; and public participation in agency rulemaking. The student's grade is based on class participation and a final examination.

Previously:

  • Autumn 2016, Nicholas Stephanopoulos
  • Winter 2017, Jennifer Nou
  • Autumn 2017, Nicholas Stephanopoulos

Administrative Law Theory and Practice

Spring 2017, Robert Gasaway

This seminar has two goals. First, it will explore in depth and from a jurisprudential standpoint today's most important of current administrative law controversies -- above all, the recent challenges to traditional non-delegation and Chevron deference doctrines. Second, the seminar will introduce practical aspects of legal strategy, from the perspective of both advocate and client, with the aid of guest appearances by eminent lawyers and business executives. Among those scheduled to appear are Mary Tolan, General Partner, Chicago-Pacific Founders and member, University of Chicago Board of Trustees; C. Boyden Gray, former White House Counsel and Ambassador the the European Union; Justice Judith French, Ohio Supreme Court, W. Thomas Haynes, former General Counsel Coca-Cola North American and Executive Director, Coca-Cola Bottlers' Association, Jack McMackin, Williams & Jensen, and Ashley C. Parrish, King & Spalding. Grades will be based on class participation, plus three five-page papers. Class readings will be drawn a reading packet for the seminar consisting mainly of case decisions, briefs, and scholarly articles.

Advanced Administrative Law

Spring 2017, Jennifer Nou

This seminar will explore contemporary issues and controversies in administrative law. Using recent cases, contemporary scholarship, and in-depth case studies, the class will cover a range of topics, including mass adjudication; regulatory interpretation; administrative remedies; and the unintended consequences of agency disclosure regimes. One aim of the course is to help participants develop greater familiarity with regulatory materials and a more grounded understanding of the practical development of regulatory policy. Prerequisite: Administrative Law

Advanced Topics in Financial Regulation

Winter 2018, Eric Posner

This seminar looks at recent topics in financial regulation with special attention to the continuing effects of the financial crisis of 2008. Among other topics, we will examine the LIBOR scandal, the litigation over financial crisis era bailouts, the European debt crisis, and the current push for financial deregulation. While there is no formal prerequisite, students should have some background in the law and some familiarity with financial concepts, or be willing to do some outside reading in order to catch up with the class. Final grade will be based on: a major paper, a series of short research papers.

American Indian Law

Autumn 2016, M. Todd Henderson and Justin B. Richland

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.

Bankruptcy and Reorganization: The Federal Bankruptcy Code

Autumn 2017, Douglas Baird

This course studies the Federal Bankruptcy Code and the law of corporate reorganization. Topics include the rights of creditors in bankruptcy, the relationship between bankruptcy law and state law, the treatment of executory contracts, bankruptcy planning, the restructuring of corporations in Chapter 11, and the procedure for confirming plans of reorganization. There are no prerequisites for this course.

Previously:

  • Autumn 2016, Anthony Casey
  • Spring 2017, Douglas Baird

Civil Rights Practicum

Spring 2018, Aziz Huq

In this practicum, students will engage in a range of research and analysis under the supervision of Prof. Huq, in relation to a number of active civil rights cases or other matters. Initial projects will include work on hate-crimes regulation. The aim is to cultivate experience in litigation and advocacy-related tasks in a real world setting, albeit without the structured format of a clinic.

Previously:

  • Autumn 2016, Aziz Huq
  • Winter 2017, Aziz Huq
  • Spring 2017, Aziz Huq
  • Autumn 2017, Aziz Huq
  • Winter 2018, Aziz Huq

Collective Bargaining in Sports and Entertainment

Autumn 2016, Michael Leroy

This seminar examines collective bargaining in the contexts of professional sports and entertainment. The Sherman Act and Clayton Act are studied in light of antitrust exemptions that apply to monopolistic employment arrangements such as the reserve system (its opposite is called free agency), the draft and exclusive rights for a player, eligibility restrictions for star amateurs, and other anticompetitive practices in music, theater, movie, TV, and sports settings. The seminar explores how unions have evolved as potent employee responses to highly restrictive employment practices. Class readings examine powerful weapons under the National Labor Relations Act that unions may use to counteract employer cartels in theater, movies, baseball, football, basketball, hockey, and related industries. These weapons include full and partial and intermittent strikes, as well as strike threats. The seminar examines how these bargaining tactics enable rank-and-file employees, and star performers, to share in the wealth that they generate in combination with capital investments made by employers. The seminar emphasizes writing. Students are assigned weekly question sets, and are expected to submit a class paper based on the accumulation of these exercises.

Comparative Legal Institutions

Spring 2018, Thomas Ginsburg

This course is designed to examine a range of legal institutions from a comparative and interdisciplinary perspective. It is not a traditional course in comparative law, in that it focuses not so much on particular rules of substantive law but on the structure of different legal systems and the consequences of those structural differences for law and society. In particular, we will focus on the economic impact of legal traditions. Readings will be drawn from legal and social science literature, including works from anthropology, economics, political science and sociology. The course will explicitly cover non-Western legal traditions to an extent not found in conventional comparative law courses. Furthermore, American institutions are explicitly included in the comparison: this is not simply a course in foreign law. Assessment is by a three-hour take-home exam. There is an option to write a research paper sufficient to fulfill the substantial writing requirement; second-year and third-year students can exercise this option freely but only a limited number of first-year students may avail themselves of it.

Previously:

  • Spring 2017, Thomas Ginsburg

Complex Financial Institutions—the conundrum of "too big to fail?"

Spring 2018, Barry Zubrow

This seminar will examine how events during the financial crisis shaped the debate about global systemically important financial institutions and whether they are "too big to fail"; how current and proposed regulations in the US and EU have sought to address these issues; and what the implications are from the current debate over "repeal" of the Dodd-Frank Act. Final grade will be based on: a series of short research papers and class participation.

Previously:

  • Spring 2017, Barry Zubrow

Compliance and Regulatory Strategy

Spring 2018, Charles Vincent Senatore

Since the financial crisis of 2008, regulators and prosecutors around the world increasingly expect companies to have state of the art governance, risk and compliance programs as a condition for remaining in business and for avoiding liabilities for regulatory missteps. Increasingly, regulatory rules are becoming more complex and authorities are becoming more unforgiving, with stepped up efforts to secure criminal and civil penalties against companies, their executives, lawyers and auditors. For companies, such liability can at best result in plummeting share prices, and at worst the shutting down of an enterprise. For individuals, they can result in incarceration, fines, penalties and removal from the business. While many of the principles apply to all industries, the seminar will explore the regulatory and legal foundations for these programs primarily through the lens of the financial services sector, which includes banks, brokerage firms, investment companies and investment advisers. We will also explore how the design and execution of these programs can avoid or limit potential liabilities from regulatory and criminal authorities. From the perspective of a corporate executive, board member or counsel, students will develop the ability to understand the fundamentals of regulatory regimes overseeing these businesses, as well as strategies for successfully engaging the regulators. Students will consider the steps a firm should take to mitigate regulatory and reputation risk, including the importance of an effective corporate ethics program, as well as how, in the process, a firm can enhance its brand, meet the expectations of its board of directors and create value for its shareholders. The grade is based on a series of short reaction papers, attendance and class participation. While courses which contain elements of securities or financial services regulation would be helpful, they are not required. However, the course should be limited to students who have completed their first year, whether in the Law School, the Booth School of Business or other graduate level programs at the university.

Previously:

  • Spring 2017, Charles Vincent Senatore

Constitutional Law VII: Parent, Child, and State

Spring 2018, Emily Buss

This course considers the role that constitutional law plays in shaping children's development. Among the topics discussed are children's and parent's rights of expression and religious exercise; parental identity rights including rights associated with paternity claims, termination proceedings, assisted reproduction, and adoption; the scope of the state's authority to intervene to protect children, to regulate their conduct, or to influence their upbringing; and the role of race and culture in defining the family.

Previously:

  • Spring 2017, Emily Buss

Current Issues in Criminal and National Security Law

Winter 2018, Patrick Fitzgerald and Michael Scudder

This seminar covers a series of current issues in criminal and national security law, often comparing and contrasting the two approaches, with a particular focus on challenges arising from acts of terrorism and other national security prosecutions (including a focus on substantive terrorism offenses, espionage offenses as well as the leaking of classified information), a discussion of criminal and intelligence investigative tools (comparing Title III electronic surveillance with Foreign Intelligence Surveillance Act ), application of constitutional principles to terrorism investigations and prosecutions (particularly the First, Fourth, Fifth and Sixth Amendments and the application of Miranda, Quarles and Corley decisions and certain state bar rules in that context), the President's war powers and congressional oversight (including discussions of drone strikes, law of war detention, and Presidential and Congressional authority to use military force), and in other select areas, including the Classified Information Procedures Act, and economic sanctions, and national security leaks. Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two short reflection papers (3-5 pages each) and a final paper preferably written in the form of a U.S. Supreme Court opinion (20-25 pages, including a majority and dissent) on a select issue in criminal and national security law. Guest speakers will help facilitate discussion on certain topics. Pre-requisites: Criminal Law

Previously:

  • Winter 2017, Patrick Fitzgerald and Michael Scudder

Election Law

Spring 2018, Nicholas Stephanopoulos

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.

Previously:

  • Spring 2017, Nicholas Stephanopoulos

Employee Benefits Law

Autumn 2017, Charles Wolf

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 course 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 course 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.

Previously:

  • Autumn 2016, Charles Wolf

Employment Law Clinic

Spring 2018, Randall Schmidt

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.

Previously:

  • Autumn 2016, Randall Schmidt
  • Winter 2017, Randall Schmidt
  • Spring 2017, Randall Schmidt
  • Autumn 2017, Randall Schmidt
  • Winter 2018, Randall Schmidt

Energy Law and Policy

Spring 2018, Mark N. Templeton

Energy markets and regulation have undergone significant changes in the past 20 years in the United States in attempts to improve reliability, to reduce costs, and to address environmental impacts, while meeting increased demand. Focusing primarily on electric power, this course will introduce students to energy economics and the principles and administration of public utility regulation. The class will trace the historical development of the regulated electric industry, review traditional sources of energy used to generate electricity (water, coal, and natural gas), and examine the current structure of the electric industry and emerging issues, including wholesale and retail competition, environmental effects (including climate change), renewable energy, conservation and efficiency.

Previously:

  • Spring 2017, Mark N. Templeton

Environmental Law

Autumn 2017, Karen Marie Bradshaw

This course surveys the legal landscape of environmental protection in the United States. It focuses cases interpreting the major federal environmental statutes, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, and Clean Air Act. The course also incorporates economic, scientific, and ethical considerations, with an emphasis on how conflicts are resolved among competing stakeholders within shared policy space.

Previously:

  • Autumn 2016, Michael Livermore

Fair Housing 

Winter 2018, Lee Fennell

This seminar will focus on the law and policy of fair housing, broadly construed. Significant attention will be devoted to antidiscrimination laws in housing, including the federal Fair Housing Act. We will also explore existing and proposed policies for improving access of lower-income people to housing. The dynamics of segregation and concentrated poverty will be examined, as well as the effects of zoning and other land use controls. Additional topics may include urban squatting, rent control, gentrification, subprime lending, the siting of locally undesirable land uses, and the use of eminent domain in "blighted" areas. The student's grade will be based on class participation and a series of short papers. Students may not take this course pass/fail.

Federalism and State Social Policy

Spring 2017, Fay Hartog-Levin

This seminar will examine the origins of federal and States' powers; how conflicts between the two have been resolved; how and why there has been an expansion or contraction of States' powers; and what political, policy,economic and other factors have affected these changes. Some of the substantive topics to be discussed include K-12 education, regulation of water quality and access, discrimination based on sexual orientation, labor laws, elections and voting rights,environmental laws, gun control, and the legalization of marijuana. Resources will include current news articles and commentaries. Guest lecturers will include Senator Dick Durbin and other politicians and practitioners. This class is cross-listed with Harris. Harris School students must also attend class on Wednesday, March 29. The final meeting for this class will be on Wednesday, May 24.

Financial Regulation Law

Spring 2017, Richard A. Epstein

This course will consider the regulation of banks and other financial institutions in the United States. It will start with the history and evolution of banking regulation in order to se the stage of the examining the regulatory responses to the recent financial crisis. Topic include an examination of the Dodd-Frank legislation, including the activities of the Consumer Fraud Protection Bureau and the complex bailouts cases, of both Fannie Mae and Freddie Mac, and lso AIG. The course will also cover various proposals for reform that have been proposed to deal with the current impasse.

Food and Drug Law and Policy

Spring 2018, Jack R. Bierig

This course explores legal and policy issues in the federal regulation of foods, drugs, medical devices, and other products coming within the jurisdiction of the FDA. It will examine substantive standards applicable to these products and procedural issues in the enforcement of these standards. It will also address the tension between state and federal regulation in this area, constitutional constraints on such regulation, the conflict between state tort law and federal regulation, and a variety of other issues relating to the development and marketing of regulated products. The student's grade is based on class participation and a final examination or major paper.

Previously:

  • Spring 2017, Jack R. Bierig

Foreign Relations Law

Spring 2018, Daniel Abebe

This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the allocation of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements and the power to declare and conduct war. The course will also focus on the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, current events will be explored, such as ongoing controversies regarding individual rights during wartime, the post-September 11 war on terrorism, targeted killings, and drone strikes, among other topics. Grades will be based on a final examination.

Greenberg Seminar: Crime and Politics in Charm City: A Portrait of the Urban Drug War

Spring 2017, Jonathan Masur and Richard McAdams

We will explore a series of works on urban crime, politics, and policing, with an emphasis on the City of Baltimore: David Simon, "Homicide: A Year on the Killing Streets," Sudhir Venkatesh, "Gang Leader for a Day," Jill Loevy, "Ghettoside: A True Story of Murder in America," and all of "The Wire." We will focus particularly on the drug war - the economics and violence of the trade; the culture of the police bureaucracy; alternative law enforcement strategies such as informants and wiretapping; the politics of race, crime rates, and legalization; and the effects of addiction. But these works also examine the effects of declining blue collar jobs and weakening labor unions; the effects of race, incumbency, and corruption on local politics; the challenges and failures of urban education and child welfare agencies; and the role of the city newspaper in self-governance. Preference is given to 3L students. Graded Pass/Fail.

Previously:

  • Autumn 2016, Jonathan Masur and Richard McAdams
  • Winter 2017, Jonathan Masur and Richard McAdams

Greenberg Seminar: The Trump Presidency

Spring 2018, William Howell and Eric Posner

Donald Trump is the most divisive president of the modern era. After a tempestuous electoral campaign, he entered office with weak public support, and was immediately embroiled in a series of scandals. Does his presidency change American politics and constitutional understandings, or is he a "normal" president, appearances to the contrary? We will read recent books on the Trump presidency, focusing on his election, his early tenure, and his legal and political battles.

Previously:

  • Autumn 2017, William Howell and Eric Posner
  • Winter 2018, William Howell and Eric Posner

Greenberg Seminar: Wine and the Law

Spring 2017, Thomas Ginsburg and Jonathan Masur

This seminar will consider the law and politics of wine production and regulation in the US and elsewhere. There will be an empirical research component. Places will be reserved for 2 LL.M. students. Graded Pass/Fail.

Previously:

  • Autumn 2016, Thomas Ginsburg and Jonathan Masur
  • Winter 2017, Thomas Ginsburg and Jonathan Masur

Hopi Law Practicum

Spring 2018, M. Todd Henderson and Justin B. Richland

The Hopi Clerkship is a year-long opportunity for students to get first-hand experience with the complex challenges and unique opportunities present in the everyday work of contemporary tribal legal systems. Students will support the Hopi tribe in three distinct ways: (1) serving as law clerks to justices of the Hopi Appellate Court, doing legal research, writing bench memoranda, participating in the judges' conferences, and drafting opinions on live cases; (2) serving as law clerks to the criminal trial court judge, especially on matters related to the application of federal Fourth Amendment law to tribal police; and (3) serving as legal advisors to the Office of Cultural Preservation, working to support investigations and prosecution of Hopi cultural claims around the world in an attempt to return tribal patrimony. 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 Clerkship. Co-requisite: American Indian Law

Previously:

  • Autumn 2016, M. Todd Henderson
  • Winter 2017, M. Todd Henderson
  • Spring 2017, M. Todd Henderson
  • Autumn 2017, M. Todd Henderson and Justin B. Richland
  • Winter 2018, M. Todd Henderson and Justin B. Richland

Immigration Law 

Spring 2018, Adam S. Chilton

This course explores the U.S. immigration system. The course will focus on the federal laws and policies that regulate the admission and exclusion of immigrants. Topics covered will include: the visa system, deportation and removal, the law of asylum, the role of the states in regulating migrants, and proposed reforms to the immigration system. The course will also consider how immigration law connects to both constitutional law and foreign policy.

Previously:

  • Spring 2017, Adam S. Chilton

Immigration Policy 

Spring 2017, Adam S. Chilton

This seminar will explore immigration policy in the United States and other countries around the world. The seminar will specifically focus on examining which policies are effective and potential reforms to existing policies that are failing. The seminar will explore topics including the financial consequences of immigration, the impacts of efforts to police immigration, the consequences of guest worker programs, and the determinants of public opinion on immigration policy. Specific attention will be given to studying immigration policy in a comparative context.

International Arbitration

Autumn 2017, Javier Rubinstein

This seminar provides a basic foundation in the law and mechanics of international commercial arbitration and international investment arbitration. It will give students an understanding of the substantive and strategic issues that frequently confront international arbitration practitioners. The Seminar covers, among other things, the crafting of international arbitration agreements, the relative advantages and disadvantages of ad hoc UNCITRAL-Rules arbitration and institutional arbitration (e.g., ICC, LCIA, CAS, ICSID). The seminar also addresses the rules of procedure that commonly govern international arbitration, including procedural issues that commonly arise in international arbitration, including the availability and extent of discovery, pre-hearing procedure, the presentation of evidence, and the enforcement of international arbitral awards. The Seminar also will cover the fundamentals of international investment arbitration, including the jurisdictional issues that commonly arise in investor-state arbitration and the types of treaty claims that are commonly asserted under international law. While there will be a fair amount of traditional lecture, the format of the Seminar will depend heavily upon active student participation. Students will be graded based upon the quality of their preparation for and participation in the Seminar, as well as the quality of a required paper. This Seminar will satisfy part of the lesser of the school's two writing requirements, if substantial research and written work is completed.

International Human Rights Clinic

Spring 2018, Claudia Maria Flores and Nino Guruli

The International Human Rights Clinic works for the promotion of social and economic justice globally and in the United States. The Clinic uses international human rights laws and norms, other substantive law, and multidimensional strategies to draw attention to human rights violations, develop practical solutions and promote accountability on the part of state and non-state actors. The Clinic works with clients and organizational partners through advocacy campaigns, research and litigation in domestic, foreign, and international tribunals. Working in project teams, students develop and hone essential lawyering skills, including oral advocacy, fact-finding, research, legal and non-legal writing, interviewing, media advocacy, cultural competency and strategic thinking. Some students may have the option (but are not required) to undertake international or domestic travel in connection with their projects during the Autumn, Winter or Spring quarter breaks. Students may enroll for up to three credits a quarter. New students should plan to take the clinic for three quarters for a minimum of two credits each quarter. Returning students may enroll for one credit each quarter.

Previous:

  • Autumn 2016, Claudia Maria Flores and Brian Samuel Citro
  • Winter 2017, Claudia Maria Flores and Brian Samuel Citro
  • Spring 2017, Claudia Maria Flores and Brian Samuel Citro
  • Autumn 2017, Claudia Maria Flores
  • Winter 2018, Claudia Maria Flores and Nino Guruli

Labor Law

Winter 2017, Laura Weinrib

This course examines the statutory, administrative, and judicial law governing collective labor relations. The principal subjects are union organizing and collective bargaining, with particular attention to the National Labor Relations Act. Students consider the strategies adopted by labor groups, employers, and legal actors in response to evolving economic and social conditions. The course draws on historical and comparative perspectives to evaluate emerging alternatives to the existing labor law regime. The grade is based on a final in-class examination and class participation.

Law and Economic Development

Spring 2018, Thomas Ginsburg and Anup Malani

The relationship between law and economic development has been one of the central concerns of both modern social theory and of the development profession. This course will explore how, if at all, one might structure the legal system or implement particular policies so as to foster national economic growth. Drawing on literatures from economics, law and other disciplines, our first topic will be a survey of the various theories that seek to explain the process of development. Then we will turn to a discussion of the role that law might have played the role played in the development of Western Europe and that it might play in the development plans of currently developing nations. We shall also include a discussion of the impact that international trade and investment law play in generating wealth, and the relationship between wealth, democracy and distribution. Final grade is based on a 20-page paper. SRP requires a 25-page paper.

Law, Social Work, and the Legal Regulation of the Social Work Profession

Winter 2018, Israel Doron

In recent years, there has been a general shift towards integration and growing cooperation between lawyers and social workers, both professionally and ideologically. However, there are still tensions and gaps between the ways legal and social work professionals view their inter-relationships. This course will examine the different intersections between law and social work, and the ways the law attempts to regulate the social work profession. The analysis will use both American and Israeli legal examples, and will try to compare the different approaches to the legal regulation of social work in both countries.

Local Government Law

Spring 2018, Julie Roin

This course examines the law regarding the provision of public goods and services at the state and local level. It explores the way in which local government law addresses the issues of what services a local government should provide, which residents should receive those services, who pays for the services provided, and how these decisions are reached. In the process, it explores the relationship among federal, state, and local governments, with particular emphasis on judicial analysis of the constitutional and statutory basis of those relationships.

Previously:

  • Winter 2017, Julie Roin

Oil and Gas Law

Spring 2017, Tom Trott

The course will cover ownership of minerals, conveyance of minerals, the Oil and Gas Lease, and other contracts and transfers concerning minerals and mineral operations. This course is designed to provide an introduction to natural resources law and there will be discussions of other areas of law that impact the oil and gas practice. The Oil and Gas Lease form will be referred to often during the quarter.

Previously:

  • Winter 2017, Richard H. Helmholz

Poverty and Housing Law Clinic

Spring 2017, Lawrence Wood

This clinic, conducted over two sequential quarters, exposes students to the practice of poverty law by giving them the opportunity to work on housing cases at LAF, the Midwest's largest provider of free civil legal services to the poor. Students may be be asked to attend administrative grievance hearings, represent tenants facing unwarranted evictions, and prevent landlords from performing lockouts or refusing to make necessary repairs. All students will be expected to interview clients, prepare written discovery, conduct research, and draft motions. In addition to working 12 hours a week at LAF, students will attend a weekly two-hour class to learn about subsidized housing programs, eviction actions, housing discrimination, the intersection between domestic violence and housing, and the extensive and often misunderstood connection between criminal law and housing.

Previously:

  • Winter 2017, Lawrence Wood

Public Choice

Spring 2018, Saul Levmore

This course focuses on the relationship between modern perspectives on voting and interest groups on the one hand and legislation and judicial interventions on the other. Public choice is essentially the science of collective decision-making, and it comes with several well developed tools of analysis. With these tools, and that perspective, we revisit the interactions between legislatures and judges, democracy's attempt to solve certain problems, and the roles played by a variety of legal doctrines and constitutional institutions (from takings law to the meaning of precedents and to the way we structure appeals). As the course proceeds, we explore specific topics in law, such as the possibility of judicial vote-trading, the role of referenda in some jurisdictions but not others, and the role of precedent itself. Grades will be based on a final examination.

Previously:

  • Winter 2017, Saul Levmore

Public International Law

Autumn 2017, James Gathii

This course takes up international law as a substantive body of rules, an array of processes by which law is created, interpreted, and enforced, as well as a discipline in that comprises a community of lawyers and academic jurists with a common vocabulary, a shared sense of history and a shared range of professional activities, but often with divergent views about its purposes, missions and accomplishments. This course is designed to introduce you to both the substance and process aspects of international law and how it is applied, interpreted and contested by it various participants. After focusing on two problems that demonstrate how international law has evolved and developed, the course then proceeds to focus on the traditional sources of international law and the contemporary pressures that have been placed on them. Its participants will then be considered particularly in light of the decision-making mechanisms by which international law is developed and carried out, the institutions that serve as deciders, and the legal regimes that take shape as a result. Part of the course will also engage the question of international law in the domestic system. The last part of the course will address problems related to global interdependence and integration, including but not limited to international legal challenges relating of managing the global economy (with a particular focus on dispute settlement in the World Trade Organization) as well as on efforts to regulate the use of force. Final grade will be based on: a major paper.

Public Land Law

Autumn 2016, Richard H. Helmholz

This course introduces the law governing public lands in the United States, including the preservation and the exploitation of the natural resources on those lands. The course deals with the administrative structures and the legal doctrines that have been developed to control use and enjoyment of the public lands. It takes up selected subjects to illustrate how the system works. Among possible subjects for inclusion are: the national parks, timber policy, grazing rights, mining law, protection of wildlife, and wilderness preservation. The choice of subjects to be studied will depend in large part on the interests of the students who enroll.

Regulation of Sexuality

Spring 2018, Mary Anne Case

This course explores the many ways in which the legal system regulates sexuality, sexual identity, and gender and considers such regulation in a number of substantive areas as well as the limits on placed on such regulation by constitutional guarantees including free speech, equal protection, and due process. Readings include cases and articles from the legal literature together with work by scholars in other fields. The grade is based on a substantial paper, series of short papers, or final examination, with class participation taken into account.

Telecommunications and Internet Law

Autumn 2017, Joan E. Neal

This is an introductory course looking at the regulatory regimes in the U.S. that apply to telephony (both wireline and wireless) and the infrastructure of the Internet. In particular, this course will explore the legal and policy history behind such regulation and the difficulty of classifying new technologies and applying the existing regulatory regimes to new technologies, including the on-going discussion between the FCC and the courts regarding net neutrality. This course will not cover mass media regulation (broadcast television and radio, or cable television). Grades will be based upon class participation, a few short reaction papers, and a final in-class proctored exam.

Previously:

  • Spring 2017, Joan E. Neal

Trump and the Presidency

Spring 2017, Eric Posner

Donald Trump's election was one of the most polarizing events of modern American history. While Trump's supporters celebrated the victory of their candidate, many of Trump's critics argued that Trump's election was illegitimate, and demonstrators took to the streets. Even after a short time in office, Trump's actions have-according to his critics-showed a profound indifference to democratic institutions. They complain that he has violated constitutional norms by retaining his business ties, issuing aggressive executive orders, and attacking the press, among other actions. But are the critics right? Is Trump a normal president or a constitutional aberration? We will examine these questions from the standpoint of law, history, and political theory. The seminar will require three, 5-page response papers.

U.S. Taxation of International Transactions

Winter 2018, Julie Roin

This course provides a survey of the US tax treatment of both inbound (foreign investment in the US) and outbound (US investment abroad) transactions. Though the principal focus of the class is on the US tax rules, some attention is paid to the interaction between US and foreign tax systems through the operation of the tax credit and tax treaties. Introductory Income Tax is a recommended prerequisite. Students' grades will be based on a three-hour examination.

Previously:

  • Winter 2017, Julie Roin

Wine Law

Winter 2018, Thomas Ginsburg

Wine raises a host of national and international regulatory issues, from importing to trademarks to constitutional federalism. This seminar will work through the basics of Wine law in the United States, with a section on relevant international issues as well. Final grade will be based on: a major paper, a series of short research papers, class participation.

Work Law in the New Economy

Spring 2018, Hiba Hafiz

This seminar focuses on how labor law is adapting (or failing to adapt) to changes in the New Economy workplace. It touches on a number of themes. First, it looks at changes in the employment relationship and their implications for labor law and collective organizing. The rise of flexible or "gig" employment in the past decade and movement away from internal labor market job structures and the assumption of long-term, single-firm employment invites broader inquiry into the framework of labor regulation, including collective bargaining law, employer-sponsored benefits, and the social safety net. The seminar examines these changes as well as their broader implications. Second, the seminar considers how the labor law has accommodated the changing dynamics of employment contracting over time as they have differentially impacted women and minorities' experience at work and access to economic opportunities. Finally, the seminar explores the role of law in income inequality more broadly. This section studies the impact of labor regulation on income inequality as well as other elements of our regulatory regime. The seminar will meet weekly, with readings to be assigned. Students will be required to write brief response pieces to four of the weekly readings, and to prepare a research paper on a topic to be selected in consultation with the instructor.

Young Center Immigrant Child Advocacy Clinic

Spring 2018, Kelly Albinak, Marcy Philips, Maria Woltjen, Jajah Xiaorong Wu

The Young Center for Immigrant Children's Rights gives students the unique opportunity to work one-on-one with unaccompanied immigrant children who come to the United States without a parent or legal guardian to flee violence, abuse, and/or poverty. Students in the clinic draw upon international human rights law, immigration law, and children's rights, and child welfare law to support their advocacy. Unaccompanied immigrant children come to the U.S. from all corners of the world, on their own. They are apprehended, typically at the U.S./Mexico border, then detained and placed in deportation proceedings. Students serve the most vulnerable of these children, advocating for the best interests of each child on issues relating to care, custody, release, legal relief, and safe repatriation. Because there is no federal law that affords special protections to immigrant children, students enlist state child welfare laws and international human rights instruments to support their advocacy. The Clinic also offers opportunities in legislative and policy advocacy aimed at reforming the immigration system to better protect the rights of children. Each student is trained to serve as federally-appointed Child Advocate (similar to a guardian ad litem role) for unaccompanied immigrant children detained in the Chicagoland area. Students meet weekly with the child, and advocate on behalf of the child with federal officials, including ICE officials, immigration judges, and asylum officers. The Clinic admits both 2Ls and 3Ls. We strongly encourage enrollment in the Fall Quarter, and recommend taking this course for at least two quarters. We do not require students to speak a language other than English, but we encourage students who speak Spanish, French, Mandarin, Romanian, or American Sign Language to apply. Students who enroll in the clinic must: 1. Participate in a 2-day training in October 2017; and 2. Participate in weekly class meetings throughout the course. Please contact the clinicians below if you have any questions, or would like to request an accommodation: Jajah Wu at xjwu@theyoungcenter.org, Kelly Kribs at kkribs@theyoungcenter.org, Marcy Phillips at mphillips@theyoungcenter.org, or Maria Woltjen at mwoltjen@theyoungcenter.org. For more information, visit: www.TheYoungCenter.org

Previously:

  • Autumn 2016, Kelly Albinak, Marcy Philips, Maria Woltjen, Jajah Xiaorong Wu
  • Winter 2017, Kelly Albinak, Marcy Philips, Maria Woltjen, Jajah Xiaorong Wu
  • Spring 2017, Kelly Albinak, Marcy Philips, Maria Woltjen, Jajah Xiaorong Wu
  • Autumn 2017, Kelly Albinak, Marcy Philips, Maria Woltjen, Jajah Xiaorong Wu
  • Winter 2018, Kelly Albinak, Marcy Philips, Maria Woltjen, Jajah Xiaorong Wu