Complementary, Multi-Disciplinary, and Cross-Listed Courses

Professor Brian Leiter

The courses listed below provide a taste of the complementary, multi-disciplinary, and cross-listed courses offered. This list includes the courses taught in the 2018-19 and 2019-20 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.

Advanced Industrial Organization III

Spring 2020, Dennis Carlton

This course will complement the other courses in the Ph.D. sequence for industrial organization and will focus on topics closely related to antitrust economics and regulation. Topics will include optimal price discrimination, bundling, tie in sales, price fixing, two sided markets including credit cards, the theory of optimal regulation, and the empirical facts of regulation. The course is primarily for PhDs in economics and business, but advanced law students interested in antitrust and regulation plus advanced and interested MBAs are welcome.

Previous:

  • Spring 2019, Dennis Carlton

Advanced Interpretation: Law and Language

Spring 2020, Thomas Rex Lee

This seminar invites students to explore the theory and practice of interpretation in public and private law. We will begin with an introduction to the field of law and language-considering both legal and linguistic scholarship of relevance to the practice of legal interpretation. We will then extend this scholarship to an in-depth, comparative analysis of the law's approach to interpretation in the fields of constitutional law, legislation, and contracts. In each of these fields students will first be presented with legal scholarship on the premises of interpretation in that field. We will then explore tools of interpretation that may be used to resolve the interpretive problems that arise in each field. Among other tools, students will be introduced to methods used by linguists (including corpus linguistic analysis and survey methods). Each unit will close with a practice problem allowing students to apply the theory and tools they have learned in analyzing a hypothetical problem of the sort that might arise in the field. Student performance will be assessed on the basis of class participation and, more significantly, short papers submitted in response to the practice problems. Each student will be expected to submit a paper on two of the three practice problems.Participation may be considered in final grading. This is a short class meeting: April 13, 14, 20, 21, 27 & 28 and May 4 & 5

Advanced Topics in Moral, Political, and Legal Philosophy:  Nietzsche on Morality, Suffering, and the Value of Life

Autumn 2019, Brian Leiter

The goal of the seminar is to introduce students to some recent work of note in general jurisprudence. Tentative topics:  (1) Julie Dickson's "Is the Rule of Recognition a 'Convential Rule'?" which sheds light on a crucial aspect of the Hart-Dworkin debate; (2) David Enoch's "Reason-Giving and the Law," which helps clarify the supposed problem about the "normativity" of law; (3) the Leiter-Toh debate about theoretical disagreements, and the relation between metaethics and general jurisprudence (main texts will be Kevin Toh's "Legal Philosophy a la Carte" and Leiter's "Theoretical Disagreements in Law: Another Look"); (4) the Leiter-Green-Murphy debate about law's artifactual nature, and how it matters for general jurisprudence (main texts will be Leiter's "The Demarcation Problem in Jurisprudence," and excerpts from Leslie Green's "The Morality in Law," Leiter's "Legal Positivism about the Artifact Law" and Mark Murphy's "Two Unhappy Dilemmas for Natural Law Jurisprudence"); (5) Mark Greenberg's unusual brand of anti-positivism (main text will be Greenberg's "The Moral Impact Theory of Law"). Depending on time and student interests we may also discuss work by other authors. This class requires a final 20-25 page research paper.
Recommended prerequisite (not required): Jurisprudence I: Theories of Law and Adjudication or a comparable course elsewhere.

Previously:

  • Winter 2019, Michael Forster and Brian Leiter

Anthropology and Law

Winter 2020, Christopher Fennell

This seminar for law students and graduate students in the social sciences will provide an introduction to the field of legal anthropology. We will address anthropological theories of the nature of law and disputes, examine related studies of legal structures in non-Western cultures, and consider the uses of anthropology in studying facets of our own legal system. By examining individual legal institutions in the context of their particular cultural settings, we can begin to make cross-cultural comparisons and contrasts. In so doing, we confront the challenge of interpreting and understanding the legal rules and institutions of other cultures while assessing the impact of our own social norms and biases on the analysis. Thus, our analytic and interpretative approach will require us to examine the cultural assumptions that underpin various aspects of our own belief systems and the American legal system. Requirements for this seminar course include preparation of a research paper and thoughtful class participation. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SRP or WP of 20-25 pages). Participation may be considered in final grading.

Previously:

  • Winter 2018, Christopher Fennell
  • Winter 2019, Christopher Fennell

Behavioral Law and Economics

Spring 2020, Jonathan Masur

This seminar will explore a set of frontier issues at the intersection of law and human behavior, including people's conduct under risk and uncertainty; the commitment to fairness; social influences and peer pressure; extremism; adaptation; happiness; discrimination; and judicial behavior. Some discussion will be devoted to the uses and limits of paternalism. Grades will be based on class participation and a series of research papers totaling 20-25 pages..

Previously:

  • Spring 2018, Jonathan Masur
  • Autumn 2018, Jonathan Masur
  • Spring 2019, Jonathan Masur
  • Autumn 2019, Jonathan Masur

Big Problems

Spring 2020, David A. Weisbach and Anup Malani

The Big Problems course will use multidisciplinary approaches to try to understand and tackle the most important problems facing our country or the world. The first 8 weeks will be taught by the instructors and outside experts, focusing on problems such as the Zika virus, Syrian migration to Europe, cybersecurity, nuclear waste storage, opioid addiction, sex trafficking, and policing and race relations. Students will work in teams of 2 business and 2 law students to develop feasible policy or private sector solutions to a problem of their choosing and make a presentation in the last 2 weeks. Presentations will be made to instructors, outside experts and fellow students. Final grade will be based on the presentations and a companion paper (20-25 pages). Participation may be considered in final grading.

Previously:

  • Spring 2018, David A. Weisbach, Anup Malani, Robert Topel, and Kevin Murphy
  • Spring 2019, David A. Weisbach, Anup Malani, Robert Topel, and Kevin Murphy

Bioethics

Spring 2020, Laurie Zoloth, Ranana Leigh Dine, Daniel Takarabe Kim, and Miriam Yonati Attia

This lecture course will introduce you to the field of Bioethics. We will use a case-based method to study how different philosophical and theological traditions describe and defend differences in moral choices in contemporary bioethics. This class is based on the understanding that case narratives serve as the motivation for the discipline of bioethics and that complex ethical issues are best considered by a careful examination of the competing theories as they work themselves out in specific cases. We will examine both classic cases that have shaped our understanding of the field of bioethics and cases that are newly emerging, including the case of research done at Northwestern University. Through these cases, we will ask how religious traditions both collide and cohere over such topics as embryo research, health care reform, terminal illness, issues in epidemics and public health, and our central research question, synthetic biology research.

This class will also explore how the discipline of bioethics has emerged to reflect upon such dilemmas, with particular attention to the role that theology philosophy, law, public health, and religious studies have played in such reflection. We will look at both how the practice of different disciplines has shaped the field of bioethics and in particular at how different theological and philosophical claims, methodology, and praxis have continued to shape and inflect bioethics. We will examine the issue of epistemic stance, of truth claims, and of how normative policies are created amid serious controversy. We will explore the nature of the relationship between religion and public policy and study how religious traditions and moral philosophy shape our view of issues as "bioethics controversies" to be addressed.

Business Planning

Winter 2020, Keith Crow and Anthony Sexton

This seminar develops and applies the student's knowledge of taxation and corporate and securities law in the solution of a series of transactional problems involving typical steps in business formation and rearrangement. The problems include the formation of a closely held company; the transition to public ownership of the corporation; executive compensation arrangements; the purchase and sale of a business; and mergers, tender offers, and other types of combination transactions. Small-group discussions and lectures are employed. The student's grade is based on a final examination; students may earn an additional credit by writing a paper on a topic approved by the instructors. The student must have taken (or be taking concurrently) Business Organizations and Corporate Tax I or receive instructor approval.

Previously:

  • Winter 2018, Keith Crow and Anthony Sexton

Communications and Advocacy for Lawyers

Winter 2020, Marsha Nagorsky

No skill is more important for a lawyer than communication, and this is especially true when lawyers are engaged in public advocacy. Students in this hands-on seminar will develop skills in writing, analysis, and presentation geared toward advocacy. Students will take on the role of a spokesperson for an organization (non-profit, business, or law firm) and learn to advocate for that organization though writing op-eds, press releases, blog posts, and communications plans; preparing and delivering a presentation and slide decks; and engaging through media interviews and crisis communications. Topics covered will include creating and adjusting communications based on audience and medium; writing persuasively, especially for non-legal audiences; communications plan development, media training, and public speaking with and without preparation. Students will be expected to speak before the class and outsiders, write on a weekly basis, and edit each other's work. Students will be graded on quality of work product, participation in class, and improvement over the class time, with the majority of the grade coming from a final presentation and slide deck and a capstone communications plan.

Previously:

  • Winter 2018, Marsha Nagorsky
  • Winter 2019, Marsha Nagorsky

Competitive Strategy

Autumn 2019, Eric Budish

We will apply tools from microeconomics and game theory to the analysis of strategic decision making by firms. Specific topics covered include the sources of industry and firm profitability, value creation and value capture, strategic positioning, sustainable competitive advantage, the boundaries of the firm, incomplete contracts, horizontal and vertical integration, strategic commitment, strategic cooperation, dynamic pricing, entry and exit, network effects, and platform markets. My goal in the class is to get students to think like an economist about firm strategy.

The Constitutional Rights of Minors from the Minors' Point of View

Autumn 2019, Emily Buss

In this seminar, a small number of law students will collaborate with Professor Buss in teaching a course to high school students from the Woodlawn Charter School and the Laboratory Schools on students' constitutional rights in school. Each class will focus on a different case and related doctrine, and will engage the high school students in a discussion of a scenario that asks them to apply the doctrine to new facts. Topics will include student speech and religious exercise, drug testing and locker searches, procedural rights in the context of disciplinary actions, and race and gender discrimination, among others. Before each class students will read an edited version of a Supreme Court case and will prepare to discuss a case study. After each class the high school students will write a brief reflection piece. Each law student will be paired with two high school students, and will interact with those students in and out of class. Law students will check in with the high school students to assist with class preparation, and will review and comment on the students' reflection pieces. During class, law students will help facilitate the small group discussions. Law students will also submit brief weekly reports of their students' class participation and their out-of-class interactions. At some point in or after the quarter (the timing will be at the law students' discretion, within the time frame permitted under the Law School's paper policy), Law Student's will write a paper that discusses one of the topics we have covered, and that particularly draws on the high school students' perspective, shared in and out of class, to develop a theme relevant to the doctrine in question. Students interested in applying for this class should send a note of interest to Professor Buss ebussdos@uchicago.edu.

Previously:

  • Winter 2018, Emily Buss
  • Autumn 2018, Emily Buss

Corporate Law and Dual-Purpose Organizations

Spring 2020, Emilie Aguirre

Organizations pursuing multiple objectives-including social, financial, and environmental goals-are on the rise, particularly in the healthy food and health sectors. However, managing the inherent tensions among these objectives poses a serious challenge. In light of this trend, this course takes an interdisciplinary approach to re-examining the theory of the firm from both a legal and a management perspective. It asks whether and how law-especially corporate law and contract law-can accommodate "purpose." Drawing from the legal and management literatures, including sociology, organizational theory, and economics, it explores the distinctions between how law treats these topics and how business treats these topics. The course uses the healthy food and health sectors to examine these questions. For example, how can a purpose-driven healthy food company retain its purpose and profit objectives after it is acquired by a non-purpose-driven company? How do for-profit hospitals differ from non-profit hospitals-and how should they? The course breaks down our assumptions about what firms are in order to better understand how they are currently treated and how they should be going forward. This class requires a series of reaction papers. Participation may be considered in final grading.

Emotion, Reason, and Law

Spring 2020, Martha C. Nussbaum

Emotions figure in many areas of the law, and many legal doctrines (from reasonable provocation in homicide to mercy in criminal sentencing) invite us to think about emotions and their relationship to reason.  In addition, some prominent theories of the limits of law make reference to emotions: thus Lord Devlin and, more recently, Leon Kass have argued that the disgust of the average member of society is a sufficient reason for rendering a practice illegal, even though it does no harm to others. Emotions, however, are all too rarely studied closely, with the result that both theory and doctrine are often confused.   The first part of this course will study major theories of emotion, asking about the relationship between emotion and cognition, focusing on philosophical accounts, but also learning from anthropology and psychology. We will ask how far emotions embody cognitions, and of what type, and then we will ask whether there is reason to consider some or all emotions "irrational" in a normative sense.  We then turn to the criminal law, asking how specific emotions figure in doctrine and theory: anger, fear, compassion, disgust, guilt, and shame. Legal areas considered will include self-defense, reasonable provocation, mercy, victim impact statements, sodomy laws, sexual harassment, shame-based punishments. Next, we turn to the role played by emotions in constitutional law and in thought about just institutions - a topic that seems initially unpromising, but one that will turn out to be full of interest.  Other topics will be included as time permits. Law students and Ph.D. students may register without permission. All others need instructor's permission.

Previously:

  • Spring 2018, Martha C. Nussbaum

Empirical Legal Studies

Spring 2019, Kyle Rozema

 Lawyers constantly evaluate and make legal arguments based on facts about the world. Often, these "facts" are not universally accepted. These facts usually stem from empirical research, and the debate over the facts is usually about the debate over the empirical research. Empirical research can be difficult to understand, but a lot of today's empirical research uses only a handful of methods. In this seminar, you will learn about these methods and the main legal questions that they have been applied to address. The goal of this seminar is not to become a producer of empirical research, and students will not attempt to conduct any empirical analysis. There will be no coding in the seminar. Rather, the goal of the seminar is to become a better consumer of empirical research. Class time each week will be devoted to understanding the intuition of empirical methods. There will be no math in class, and students are encouraged to skip over all the math in the readings. With better intuition about the common empirical methods, students will be able to ask the right questions if presented with arguments based on empirical research. The method of evaluation will be a series of short reaction papers.

Feminist Economics and Public Policy

Spring 2019, Diana Strassmann

This seminar will explore advances in feminist economics and the implications for public policy in local and global communities. Drawing from feminist economics research, the seminar will address the persistence of gender inequality in societies around the world and proposed policy solutions. Topics will include gender relations and the organization of domestic and market work, violence against women, workplace and pay equality, gendered access to resources, education, and healthcare, and gender and property rights. Evaluation will be based on class participation, and short research/response papers. Non-law students must have instructor consent to enroll.

Feminist Philosophy

Spring 2019, Martha C. Nussbaum

The course is an introduction to the major varieties of philosophical feminism.  After studying some key historical texts in the Western tradition (Wollstonecraft, Rousseau, J. S. Mill), we examine four types of contemporary philosophical feminism: Liberal Feminism (Susan Moller Okin, Martha Nussbaum), Radical Feminism (Catharine MacKinnon, Andrea Dworkin), Difference Feminism (Carol Gilligan, Annette Baier, Nel Noddings), and Postmodern "Queer" Gender Theory and trans femism (Judith Butler, Michael Warner and others).  After studying each of these approaches, we will focus on political and ethical problems of contemporary international feminism, asking how well each of the approaches addresses these problems. Undergraduates may enroll only with the permission of the instructor. This class has an 8 hour take-home final exam or major paper of 20-25 pages.

Greenberg Seminars:"Just" Mercy?-The Criminal Legal System in the Crosshairs

Spring 2020, Erica Kristine Zunkel and Alison Siegler

"Mass incarceration is the result of small, distinct steps, each of whose significance becomes apparent over time, and only when considered in light of later events." 
 -James Forman
 
 "If the function of the modern punishment system is to preserve racial and economic hierarchy through brutality and control, then its bureaucracy is performing well." 
 -Alec Karakatsanis
 
 Today, there is widespread recognition that the criminal legal system is anything but just, and that its horrors are overwhelmingly borne by the poor and communities of color. This seminar will explore a variety of origin stories and critiques of the system through a new canon. 
 
 We will meet five times over the course of the year, and each class will be structured around one or more of the following books: Michelle Alexander's The New Jim Crow, Bryan Stevenson's Just Mercy, James Forman's Locking Up Our Own, Emily Bazelon's Charged, Ta-Nehisi Coates' Between the World and Me, John Pfaff's Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform, and excerpts from Alec Karakatsanis' Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System. We will use these texts to examine the genesis of our current punishment empire, the abounding racial and socioeconomic disparities, and various proposed solutions to the mass incarceration crisis.

Previously:

  • Autumn 2019, Erica Kristine Zunkel and Alison Siegler
  • Winter 2020, Erica Kristine Zunkel and Alison Siegler

Greenberg Seminar: Artificial Intelligence

Spring 2020, Anthony Casey and Erin Casey

This seminar will explore a series of works on the ethical and legal issues posed by the promise of artificial intelligence and autonomous machines. Covered works will include Nick Bostrom's "Superintelligence: Paths, Dangers, Strategies;" Kurt Vonnegut's "The Player Piano;" the films "Ex Machina" and "Blade Runner;" and the television series "West World."  We use these works to examine ethical and legal issues such as the consciousness, personhood, and culpability of autonomous machines as well as questions about how artificial intelligence may disrupt existing institutions in society. The seminar will meet twice each quarter at the professors' home in Naperville on Sunday afternoons.

Previously:

  • Autumn 2017, Anthony Casey and Erin Casey
  • Winter 2018, Anthony Casey and Erin Casey

Greenberg Seminar: Global Poverty

Spring 2020, Adam S. Chilton and Anup Malani

This seminar will focus on how legal regimes can be improved to reduce global poverty by promoting economic and social development. For each session, we will watch a documentary film that explores a different issue related to poverty and development around the world. These issues will include topics like migration, housing, health, labor markets, and education. We will focus on discussing how existing laws contributed to the emergence of current problems and how laws can be reformed to promote development. We will also discuss the extent to which the films we watch are successful at identifying and conveying development challenges and opportunities.

Previously:

  • Autumn 2019, Adam S. Chilton and Anup Malani
  • Winter 2020, Adam S. Chilton and Anup Malani

Greenberg Seminar: Groups

Spring 2020, Saul Levmore and Julie Roin

Humans have succeeded because we work as groups, learning from one another and from our predecessors. Is this why we form social networks, or is it the other way around? Why do we sometimes cooperate and sometime compete? How did evolution bring this about, and where does law fit in to all of this?

This Greenberg seminar will consider these things by talking about several important books. We will meet on five or six Thursday evenings in the course of the Autumn and Winter quarters.  (Likely dates: October 10 and 24, November 7, January 9 and 23, February 6). The seminar will meet at the Professors' home in Hyde Park. Please do not sign up if these evenings conflict with seminars or other matters on your schedule. The instructors will supply the books, which are likely to include Connected, by Nicholas Christakis; The Goodness Paradox, by Richard Wrangham; Identity, by Francis Fukuyama; and, most importantly, The Secret of Our Success, by Joseph Henrich.

Previously:

  • Autumn 2019, Saul Levmore and Julie Roin

Greenberg Seminar: Law and Psychology in Popular Media

Winter 2020, Omri Ben-Shahar and Boaz Keysar

The seminar explores legal problems that lie in the intersection of ethics and psychology. The co-instructor, Boaz Keysar, is a Professor of Cognitive Psychology at the University of Chicago. In preparation to each meeting, students will be asked to watch a movie that raises a set of specific ethical/psychological problems . The movies may include The Stanford Prison Experiment, A Few Good Men, Truman Show, The Post, and others. Graded Pass/Fail.

Previously:

  • Autumn 2017, Omri Ben-Shahar and Boaz Keysar
  • Winter 2018, Omri Ben-Shahar and Boaz Keysar
  • Spring 2018, Omri Ben-Shahar and Boaz Keysar
  • Autumn 2019, Omri Ben-Shahar and Boaz Keysar

Greenberg Seminar: Legal Issues in Game of Thrones

Spring 2020, Joan E. Neal and David A. Weisbach

This Greenberg seminar considers legal issues raised in the Game of Thrones TV series. Among other issues, we will consider the implicit criminal law, contract law, and constitutional law (e.g., the rules of succession) in the Game of Thrones, as well as how norms substitute for law when central legal enforcement is unavailable. We will also consider the role of counselors (akin in some sense to lawyers) in the Game of Thrones society. Students should have watched the complete series before the first class session.

Previously:

  • Autumn 2019, Joan E. Neal and David A. Weisbach
  • Winter 2020, Joan E. Neal and David A. Weisbach

Greenberg Seminars: Protest, Surveillance and Speech: Black Mirror and Other Dystopias

Spring 2020, Claudia M. Flores and Nino Guruli

The pace at which new technology and social media evolve and reshape our lives, altering our social and legal landscape, raises new and old fears and possibilities. This course will explore the role of surveillance and control through works of science fiction and dystopias. We will consider the role of surveillance in facilitating state and public control in pursuit of better (and perfect) governance. We will also consider evolving methods and strategies for dissent and public speech.  In what ways is state and social control helpful and necessary? When does it become problematic? When and under what circumstances do states to tolerate and facilitate dissent? Do we need a new concept of privacy in the modern age or do we need to protect what is being lost?

Previously:

  • Autumn 2019, Claudia M. Flores and Nino Guruli
  • Winter 2020, Claudia M. Flores and Nino Guruli

Greenberg Seminars: Reconciliation in Ireland and South Africa

Winter 2020, Martha C. Nussbaum and William Anthony Birdthistle

Despite its apparent peace and prosperity today, Ireland is an island with a long history of division and conflict, from the sectarian Troubles in Northern Ireland to religious cruelties in the Republic of Ireland.  This Greenberg looks at a collection of those ordeals, compares them with other paths to reconciliation in South Africa, and then considers where the two Irish nations are today.  We will begin by reading two non-fiction accounts: SAY NOTHING by Patrick Radden Keefe about the Troubles in Northern Ireland and THE MAGDALEN LAUNDRIES by James M. Smith about cruelties inflicted upon unwed mothers in the Republic of Ireland.  Then we will look at writings by Nelson Mandela (LONG WALK TO FREEDOM), Desmond Tutu (NO FUTURE WITHOUT FORGIVENESS), and Martha Nussbaum (ANGER AND FORGIVENESS) to examine ideas of reconciliation, anger, and forgiveness in other contexts.  Next, we'll look at a celebrated fictional account of the Troubles in the north (MILKMAN by Anna Burns) before concluding with an account of ordinary life in the Republic today through NORMAL PEOPLE by Sally Rooney.  Have the Irelands reconciled with their past, or does they still need to?

Previously:

  • Autumn 2019, Martha C. Nussbaum and William Anthony Birdthistle
  • Winter 2020, Martha C. Nussbaum and William Anthony Birdthistle

Greenberg Seminar: The Conservative Legal Movement

Spring 2020, John Rappaport and Joel Isaac

We will study the rise of the conservative legal movement as a competitor to legal liberalism. Topics will include both influential persons and organizations, such as the Federalist Society, and jurisprudential ideas, including originalism and law and economics. Participating students earn one pass/fail credit. Attendance at all sessions is required to earn the credit.

Previously:

  • Autumn 2019, John Rappaport and Joel Isaac
  • Winter 2020, John Rappaport and Joel Isaac

Greenberg Seminar: The Law on Film

Spring 2020, Jonathan Masur and Eric Andrew Posner

This seminar will examine a series of modern depictions of law on film.  The seminar will cover both criminal law and procedure and civil litigation, and the list of films will include Twelve Angry Men, The Paper Chase, My Cousin Vinny, and others.  We will explore the ways in which law is portrayed, the impact of this portrayal for narrative, and the ways in which film operates to shape public perceptions of law.  Preference is given to 3L students. Graded Pass/Fail.

Previously:

  • Spring 2019, Jonathan Masur and Eric Andrew Posner
  • Autumn 2019, Jonathan Masur and Eric Andrew Posner
  • Winter 2020, Jonathan Masur and Eric Andrew Posner

Greenberg Seminar: The McCarthy Era and the Writers

Spring 2019, William Birdthistle and Martha C. Nussbaum

During the McCarthy era from the late 1940s through the 1950s, many prominent writers and other artists were hounded by the House Un-American Activities Committee, and some were blacklisted from working in media.  This Greenberg looks at a group of distinguished left-wing writers who testified before HUAC and who dealt with the challenge in a variety of ways: Lillian Hellman, Arthur Miller, Clifford Odets, and Howard Fast. We will read Hellman's SCOUNDREL TIME to examine the hearings, and then we'll look at a group of works to see how they express themes of anti-capitalism and/or anti-authoritarianism: Miller's DEATH OF A SALESMAN, THE CRUCIBLE, and ALL MY SONS; Hellman's THE LITTLE FOXES and WATCH ON THE RHINE; Odets's WAITING FOR LEFTY and GOLDEN BOY (as well as DARKNESS AT NOON by Arthur Koestler as an international example); and Fast's SPARTACUS.  Does the political analysis stand up today, and what else helps make these works lasting parts of literary history?

Previously:

  • Autumn 2018, William Birdthistle and Martha C. Nussbaum
  • Winter 2019, William Birdthistle and Martha C. Nussbaum

Greenberg Seminars: The Trial in Film and Literature

Spring 2020, Emily Buss and Judith P. Miller

In this seminar, we will discuss portrayals of courtroom proceedings in literature and film/TV, beyond My Cousin Vinnie, To Kill a Mockingbird, or Law and Order.  What do they tell us about the effectiveness and justice of our system?  About how non-lawyers view litigation and lawyers?  How do these accounts affect how we think about our profession and our roles in it?  About our society?  We will give seminar participants a chance to weigh in on the materials we read and view, but some possibilities include: (film/TV) Anatomy of a Murder, Runaway Jury, The Escape Artist, In Contempt; (literature) Franz Kafka, The Trial; Scott Turow, Presumed Innocent; John Grisham, A Time to Kill.

Previously:

  • Autumn 2019, Emily Buss and Judith P. Miller
  • Winter 2020, Emily Buss and Judith P. Miller

Greenberg Seminar: Why I don't like to talk about race (and gender)

Spring 2020, Herschella Juanita Glenn Conyers and Amy Hermalik

In this class we will explore why it is so difficult for people to have conversations about race and gender. Our quest throughout the seminar will be to develop a better understanding of the unique historical and cultural underpinnings that make modern discussions about race and gender fraught with blame, denial, fear and discomfort, and we will do so primarily through materials focused on race. We will explore the history of racism in the U.S. by reading portions of Stamped from the Beginning by Ibram X. Kendi. We will also explore how whiteness interacts with this history by reading White Fragility: Why It's So Hard for White People to Talk About Racism by Robin DiAngelo.  We will watch the TedX talk by Chimamanda Ngozi Adichie that was the basis for her book We Should All Be Feminists and may watch an additional movie or read a supplemental article. While there are significant differences in what underpins discussions about race and gender, there is also significant overlap and conversations about either are incomplete when they don't acknowledge that both matter. In developing a better understanding of why modern discussions about race and gender are so difficult, we intend for participants to walk away from the seminar with a better understanding of their own relationship with the issue and how to navigate it in social and political contexts.

Previously:

  • Autumn 2018, Herschella Juanita Glenn Conyers and Amy Hermalik
  • Winter 2019, Herschella Juanita Glenn Conyers and Amy Hermalik
  • Spring 2019, Herschella Juanita Glenn Conyers and Amy Hermalik
  • Autumn 2019, Herschella Juanita Glenn Conyers and Amy Hermalik
  • Winter 2020, Herschella Juanita Glenn Conyers and Amy Hermalik

Hellenistic Ethics

Autumn 2018, Martha C. Nussbaum

The three leading schools of the Hellenistic era (starting in Greece in  the late fourth century B. C. E. and extending through the second century C. E. in Rome) - Epicureans, Skeptics, and Stoics - produced philosophical work of lasting value, frequently neglected because of the fragmentary nature of the Greek evidence and people's (unjustified) contempt for Roman philosophy.  We will study in a detailed and philosophically careful way the major ethical arguments of all three schools.  Topics to be addressed include: the nature and role of pleasure; the role of the fear of death in human life; other sources of disturbance (such as having definite ethical beliefs?); the nature of the emotions and their role in a moral life; the nature of appropriate action; the meaning of the injunction to "live in accordance with nature".  If time permits we will say something about Stoic political philosophy and its idea of global duty.  Major sources (read in English) will include the three surviving letters of Epicurus and other fragments; the skeptical writings of Sextus Empiricus; the presentation of Stoic ideas in the Greek biographer Diogenes Laertius and the Roman philosophers Cicero and Seneca. This course complements the Latin course on Stoic Ethics in the winter quarter, and many will enjoy doing both. Admission by permission of the instructor.  Permission must be sought in writing by September 15. Prerequisite: An undergraduate major in philosophy or some equivalent solid philosophy preparation, plus my permission.  This is a 500 level course.  Ph.D. students in Philosophy, Classics, and Political Theory may enroll without permission.

History of the Common Law

Spring 2020, Richard H. Helmholz

A survey of the development of Anglo-American legal institutions. Among the subjects covered will be the origins and growth of the legal profession, the origin and use of royal writs, the growth of the court system and the nature of trials at common law, law reporting, and the development of the common law in the American colonies and the new Republic.

Human Rights: Contemporary Issues

Autumn 2018, Susan R. Gzesh

This interdisciplinary course presents an overview of several major contemporary human rights problems as a means to explore the use of human rights norms and mechanisms. The course addresses the roles of states, inter-governmental bodies, national courts, civil society actors including NGOs, victims, and their families, and other non-state actors. Topics are likely to include universalism, enforceability of human rights norms, the prohibition against torture, U.S. exceptionalism, and the rights of women, racial minorities, and non-citizens.

Previously:

  • Autumn 2017, Susan R. Gzesh, Matthew Furlong, and Kai Parker

Human Rights: Philosophical Foundations

Spring 2020, Ben Laurence, Kevin Orly Irakoze, and Andrea Elizabeth Ray

Human rights are claims of justice that hold merely in virtue of our shared humanity. In this course we will explore philosophical theories of this elementary and crucial form of justice. Among topics to be considered are the role that dignity and humanity play in grounding such rights, their relation to political and economic institutions, and the distinction between duties of justice and claims of charity or humanitarian aid. Finally we will consider the application of such theories to concrete, problematic and pressing problems, such as global poverty, torture and genocide.

Previously:

  • Spring 2018, Ben Laurence, Joshua Fox, Claudia Hogg-Blake, and Agatha Slupek
  • Spring 2019, Ben Laurence

Introduction to Law and Economics

Winter 2020, Dhammika Dharmapala

This class is an introduction to the economic analysis of law, an approach that has grown rapidly in the last thirty years and now exerts a profound influence on how law is taught and on how courts make decisions. The class will provide you with a set of tools for analyzing transactions and how they are shaped by legal rules, through systematic exposure to the economic way of thinking about law across a variety of legal contexts. These tools are intended to complement, not to challenge, the traditional doctrinal approach to law. The objective is to equip you to use economic reasoning in an informed and critical spirit to analyze cases and transactions of the sort you may encounter in practice. More generally, you should be able to understand and critically evaluate the use of economic analysis in legal scholarship, judicial opinions, and other legal contexts. Participation may be considered in final grading.

Previously:

  • Autumn 2017, Anup Malani
  • Winter 2018, Dhammika Dharmapala
  • Winter 2019, Dhammika Dharmapala

Investment Funds

Winter 2020, William Anthony Birdthistle

This seminar examines the regulatory, economic, and political issues surrounding the use of pooled investment vehicles, particularly hedge funds, private equity funds, mutual funds, exchange-traded funds, and sovereign wealth funds. We will discuss the legal and business considerations that go into the formation of funds, paying close attention to the negotiations between investment advisers and the investors in their funds. Then we will examine the portfolio investment strategies of different investment funds, such as the use of leveraged buyouts, equity investments, and more sophisticated trading in derivatives. We will develop a familiarity with the Investment Advisers Act and the Investment Company Act, which are the key legal regulations governing these funds, as well as with the most current scholarly debates in this field. A final paper of 20-25 pages is required.

Islamic Law: Foundations and Contemporary Issues

Autumn 2019, Kamran Bajwa

Since its inception, Islamic Law has grown from a set of rules governing life in 6th century Arabia to a global body of law developed across time and place with application to religious, civil, criminal, constitutional, commercial, and international law. The primary objective of the seminar will be to give students a basic understanding of Islamic Law and the issues faced in applying Islamic Law in the modern context, including current political and social events globally that have roots in Islamic Law issues. The seminar will cover the origins and historical development of Islamic Law, Islamic legal theory, scope and application of Islamic Law, and selected current issues such as Islamic Finance. Modern constitutional law issues regarding sources of law, religious freedom, public interest, and related issues in Muslim majority countries will be reviewed as well as the debates around the application of Islamic Law for Muslim minorities living in secular states.  This is a one semester seminar for 2L and 3L students. There are no pre-requisite courses required in Islam. Weekly readings will be assigned in English language source materials. The seminar will draw on the lecturer's extensive personal experience with the subject matter and knowledge of the legal systems of Muslim majority states such as Saudi Arabia, Turkey, UAE, Pakistan, Egypt, Malaysia, and elsewhere. Professor Kamran Bajwa studied classical Islamic Law and Islamic Theology at the Al-Azhar seminary in Cairo, Egypt. Professor Bajwa currently heads the Middle East regional practice for Kirkland & Ellis and travels regularly to the region.  Non-law students who seek to enroll in this class should email Professor Bajwa at: Kamran.bajwa@kirkland.com. This class requires a 20-25 page paper to earn 3 credits vs. 2. Participation may be considered in final grading.

Previously:

  • Autumn 2017, Kamran Bajwa
  • Autumn 2018, Kamran Bajwa

The Law and Economics of Trump Trade

Spring 2020, Cree Lane Jones

This seminar will explore the law and economics of U.S. Trade Policy under the Trump Administration.  The seminar will include readings, lectures, and discussions on (1) the economic theory of trade, (2) how recent developments in U.S. trade policy fit into this economic theory, (3) the historical and legal background of current U.S. trade regulation, and (4) the domestic and international legal frameworks that enable and/or constrain recent developments in U.S. trade policy. This class requires a series of short reaction papers.

Law and Politics: U.S. Courts as Political Institutions

Autumn 2019, Gerald Rosenberg

The seminar aims to introduce students to the political science literature on courts understood as political institutions. In examining foundational parts of this literature, the seminar will focus on the relationship between the courts and other political institutions. The sorts of questions to be asked include: Are there interests that courts are particularly prone to support? What factors influence judicial decision-making? What effect does congressional or executive action have on court decisions? What impact do court decisions have? While the answers will not always be clear, students should complete the seminar with an awareness of and sensitivity to the political nature of the American legal system. In addition, by critically assessing approaches to the study of the courts, the seminar seeks to highlight intelligent and sound approaches to the study of political institutions. Particular concern will focus on what assumptions students of courts have made, how evidence has been integrated into their studies, and what a good research design looks like.

Please watch the 17 minute video in which Professor Rosenberg explains the aims of the seminar, the topics covered, and the requirements. You can find the video at https://www.youtube.com/watch?v=B2SNLd_wUEQ

Previously:

  • Winter 2018, Gerald Rosenberg
  • Winter 2019, Gerald Rosenberg

Law and Psychology

Spring 2020, Roseanna Sommers

The economist John Maurice Clark once observed that although members of his field may choose to remain ignorant of insights offered by the field of psychology, they "will not thereby avoid psychology." Instead, he wrote, the economist "will force himself to make his own, and it will be bad psychology." The same can be said of law. 
In this seminar, we will examine the ways in which the law makes its own psychology, and will analyze whether these instances are good or bad psychology-that is, whether they are supported by empirical evidence. We will examine bits and pieces of various legal doctrines, ranging from criminal procedure to antidiscrimination law, but we will not cover any area of law in a systematic fashion. This course will emphasize insights to be gained from social and cognitive psychology, and will spend comparatively less time on developmental or clinical psychology.
This course will require a series of short reaction papers. Participation may be considered in final grading.

The Law and Psychology of Consumer Contracts

Spring 2020, Meirav Furth-Matzkin

We are all consumers, and we all sign or click through standardized form agreements, typically without reading, understanding, or negotiating their terms. This seminar will survey the law governing consumer transactions from a variety of empirical and theoretical perspectives, drawing largely on recent work in behavioral economics, psychology, and public policy.  

Throughout the seminar we will explore a series of related questions: Do the rules and formal doctrines adequately protect unsophisticated parties or are consumers being failed by contract law? If consumers are being taken advantage of, is there anything the law can do to curb unfair or abusive market behavior? How do consumers perceive the contracts they sign and the rules governing their transactions, and how do the contract and the law affect sellers' and consumers' behavior? 

This seminar has three main goals: (1) to introduce students to the fascinating world of consumer protection and regulation and to the challenges that these contracts present to traditional contract law theories and doctrines; (2) to expose students to the important role of psychological and behavioral insights in legal scholarship and practice; and (3) to give students a taste of empirical research methods, including experiments and observational studies. This class requires a series of reaction papers.

Previously:

  • Spring 2019, Meirav Furth-Matzkin

Law and Society

Autumn 2019, Anna-Maria Marshall

This seminar offers an introduction to the central themes and major debates in the field of Law and Society. The field of sociolegal studies is an interdisciplinary one, and reflecting this, the course will emphasize research in sociology, political science, psychology, anthropology, and legal studies. We will explore classic readings from the Law and Society canon as well as more contemporary research and theory. We will analyze the readings for both their theoretical and empirical contributions, as well as for the methodologies the authors deploy. The themes we will consider over the course of the quarter include the tension between state or "official" law and nonlegal norms for ordering everyday life; the factors that influence who mobilizes the law (and who doesn't); and what it means to use law in contexts other than courtrooms, such as in families, neighborhoods, workplaces, social movements, and mass media. We will explore the debate about the value of rights and litigation strategies in efforts to produce social change, and we'll examine the ubiquitous role of law in popular culture. The course will conclude with a look forward at future directions in law and society research. Final grade will be based on a 20-25 page major paper.

Previously:

  • Autumn 2017, Anna-Maria Marshall
  • Autumn 2018, Anna-Maria Marshall

Law and the American Revolution

Spring 2020, Sarah Peterson

This class will be taught by Farah Peterson, Associate Professor of Law at the University of Virginia School of Law. www.law.virginia.edu/faculty/profile/fp9r/2708426. This class explores five different views of the legal order in late-eighteenth-century America and delves into the major legal questions raised by the American Revolutionary movement. Students will be graded on class participation and a series of reaction papers. This is a short class meeting 5 times: Wed/Thur April 29/30, Wed/Thurs May 6/7 from 6:10-8:10 p.m. and Friday, May 8 from 1:30-3:30 p.m.

Marketing Strategy

Winter 2020, Sanjay Dhar

I use a framework based approach to teach this course. The first half of the class is spent on building a structured approach using customer analysis (assessing how the firm could provide unique benefits to an attractive target market segment); company analysis (assessing strategic fit based on long-term strategy and core capabilities) and competitor analysis (ascertaining how to build sustainable competitive advantage). The second half of the class uses the strategic marketing analysis described above to identify issues and challenges the firm faces, and articulate marketing objectives that are used to develop the marketing plan (product development, positioning and product strategy; setting prices to capture value, determining potential channel or places of distribution and promotion & communication strategies to communicate benefits to the target market).I also try to use multiple pedagogical tools to help students comprehend and assimilate the material. This includes lectures that introduce tools, concepts and frameworks on each topic in the framework followed by a rigorous case analysis to illustrate application. In addition, I will discuss current events, recent industry examples, and ask you to play a real-world data based pricing simulation. I have also been working with firms applying these frameworks for the last 25 years and hope that students will also share their experiences in class discussions. Given the rigorous and highly interactive nature of class discussion, as well as framework based approach used, this class is helpful to students for case analysis preparation. Therefore, this class is helpful to students pursuing consulting careers, developing entrepreneurial businesses, or interested in understanding and analyzing growth and demand strategies of a corporation. Previous business experience is helpful for this course. This class has a final exam and required papers. Participation may be considered in final grading.

Previously:

  • Winter 2018, Sanjay Dhar
  • Winter 2019, Sanjay Dhar

Price Theory I

Autumn 2019, Kevin Miles Murphy, Scott Francis Behmer, Rafael Josymar Jimenez Duran, and German Bruno Villegas Bauer

Theory of consumer choice, including household production, indirect utility, and hedonic indices.  Models of the firm. Analysis of factor demand and product supply under competitive and monopolistic conditions.  Static and dynamic cost curves, including learning by doing and temporary changes.  Uncertainty applied to consumer and producer choices.  Property rights and the effects of laws.  Investment in human and physical capital.

Previously:

  • Autumn 2017, Kevin Miles, Maxwell Kellogg, Jian Li, Mikayel, and Mary Stofcik
  • Autumn 2018, Antonio Gabriel, Agustin Gutierrez, Rafeal Duran, and Francisco Mena

Psychological Dimensions of Crim Punishment (Operationalizing Theories & Methods of Psych in Crim)

Spring 2020

This two-week seminar will introduce law students to how tools of socio-cognitive psychology can be used to uncover empirical insights into the workings of criminal law and its decision-makers, including judges and jurors. We will discuss empirical scholarship that combines doctrinal analysis with theories and methodologies of psychology to identify where and why the legal system's expectations and assumptions about how criminal laws and procedures operate are at odds with the socio-cognitive realities of human decision-making. We will also consider potential legal and psychological routes through which policy makers and practitioners can address these disconnects in order to improve the accuracy and fairness of the criminal justice system. More broadly, we will discuss both the possibilities and limitations of what the theories and methods of psychology can offer to the study and practice of criminal law.  At the end of the course, students will propose their own experimental designs in this regard. No prior experience in psychology is needed.This is a short class that meets 6 times: April 7/8/9/14/15/16 from 6:10-7:55 p.m.

Racism, Law, and Social Sciences

Spring 2020, Christopher Fennell

The domains of racism, law, and the social sciences impact one another in myriad ways. At times, a system of racism is deployed through law, which in turn shapes questions asked in the social sciences. In other instances, the sciences articulate conceptual frameworks that lead to the creation of new forms of racism within society and law. Particular systems of racism have operated across a spectrum from incidents of overt violence to the daily impacts of implicit biases. Our readings and class discussions will consider a sample of case studies from across the globe in addition to past and present dynamics in the United States. Analyses of the social construction of racial and ethnic identities have facilitated studies of the ways in which social differences are created, maintained, and masked. Subjects to be addressed in this course include the interrelation of racial ideologies with other cultural and social dimensions, such as class, ethnicity, gender, political and legal structures, and economic influences. At an international scale, policy makers confront the challenge of balancing calls for multicultural tolerance with demands for fundamental human rights. We will also consider the related histories of biological, genetic, and epigenetic concepts of different races within the human species. Requirements for this course include thoughtful class participation and a final take-home examination.

Previously:

  • Spring 2018, Christopher Fennell
  • Spring 2019, Christopher Fennell

Roman Law

Spring 2019, Richard A. Epstein

The seminar develops skill in analyzing legal problems according to the processes of the Roman civil law, in contrast with those of the common law, and does not purport to give a comprehensive treatment of its detailed workings. The material provides an outline of the sources and procedure of Roman private law, followed by an examination of the Roman institutional system, the basis of most modern civil law codes. Particular emphasis is given to property and to obligations (contracts and torts). No knowledge of Latin is required for the seminar.This class will be assessed via a series of short research papers.Because this is a 1L elective, it will be graded on the curve usually applied to courses (as all 1L electives are) and will not count against the seminar limit.

Previously:

  • Spring 2018, Richard A. Epstein

Stoic Ethics Through Roman Eyes

Winter 2019, Martha C. Nussbaum

The major ideas of the Stoic school about virtue, appropriate action, emotion, and how to live in harmony with the rational structure of the universe are preserved in Greek only in fragmentary texts and incomplete summaries. But the Roman philosophers give us much more, and we will study closely a group of key texts from Cicero and Seneca, including Cicero's De Finibus book III, his Tusculan Disputations book IV, a group of Seneca's letters, and, finally, a short extract from Cicero's De Officiis, to get a sense of Stoic political thought. For fun we will also read a few letters of Cicero's where he makes it clear that he is unable to follow the Stoics in the crises of his own life. We will try to understand why Stoicism had such deep and wide influence at Rome, influencing statesmen, poets, and many others, and becoming so to speak the religion of the Roman world. Prerequisite: ability to read the material in Latin at a sufficiently high level, usually about two-three years at the college level. Assignment will usually be about 8 Oxford Classical Text pages per week, and in-class translation will be the norm. Note: This class has a final exam that will be scheduled by the instructor.

Workshop: Law and Economics

Spring 2020, William Hubbard and Lee Fennell

This workshop, conducted over three sequential quarters, is devoted to the intensive examination of selected problems in the application of economic reasoning to a wide variety of legal questions. Workshop sessions will be devoted to the presentation and discussion of papers by faculty. In addition to workshop sessions, which occur approximately every other week, there will be discussion sessions, which will serve as opportunities for students to engage in in-depth, informal discussion of topics in law and economics with the instructor. This workshop does not require a research paper, but students interested in academic writing in law and economics are encouraged to use this workshop to develop their ideas. Grading is based on the completion of a series of reaction papers. Students enrolled in the workshop receive three credits; one in Autumn, one in Winter, and one in Spring.

Previously:

  • Autumn 2017, Omri Ben-Shahar and William Hubbard
  • Winter 2018, Omri Ben-Shahar and William Hubbard
  • Spring 2018, Omri Ben-Shahar and William Hubbard
  • Autumn 2018, Todd Henderson and William Hubbard
  • Winter 2019, Todd Henderson and William Hubbard
  • Autumn 2019, William Hubbard and Lee Fennell
  • Winter 2020, William Hubbard and Lee Fennell

Workshop: Law and Philosophy

Spring 2020, Martha C. Nussbaum and Daniel Guillery

The theme for 2019-20 is "Migration and Citizenship." Confirmed speakeres as of 1/19 include David Miller, Joseph Carens, Ayelet Shachar, Adam Hosein, Adam Cox, Aziz Huq, and Seyla Benhabib, who will also be the Dewey Lecturer on January 15.

This is a seminar/workshop many of whose participants are faculty from various related disciplines.  It admits approximately ten students.  Its aim is to study, each year, a topic that arises in both philosophy and the law and to ask how bringing the two fields together may yield mutual illumination. Most sessions are led by visiting speakers, from either outside institutions or our own faculty, who circulate their papers in advance.   The session consists of a brief introduction by the speaker, followed by initial questioning by the two faculty coordinators, followed by general discussion, in which students are given priority. Several sessions involve students only, and are led by the instructors.    Students write a 20-25 page seminar paper at the end of the year.  The course satisfies the Law School Substantial Writing Requirement. Students must enroll for all three quarters to receive credit.

Students are admitted by permission of the two instructors.  They should submit a c.v. and a statement (reasons for interest in the course, relevant background in law and/or philosophy) to the instructors by e mail by September 20.  Ph.D. students in Philosophy and Political Theory and law students do not need permission.

Previously:

  • Autumn 2017, Martha C. Nussbaum and Nicolas Delon
  • Winter 2018, Martha C. Nussbaum and Nicolas Delon
  • Spring 2018, Martha C. Nussbaum and Nicolas Delon
  • Autumn 2019, Martha C. Nussbaum and Daniel Guillery
  • Winter 2020, Martha C. Nussbaum and Daniel Guillery

Workshop: Law and Philosophy: Enlightenment Liberalism and its Critics, Left and Right

Spring 2019, Nethanel Lipshitz and Brian Leiter

The topic for 2018-19 will be "Enlightenment liberalism and its critics," the critics coming from both the left and the right. Enlightenment liberalism was marked by its belief in human freedom and the need for justifications on any infringements of that freedom; by its commitment to individual rights (for example, rights to expression or to property); and by its faith in the rational and self-governing capacities of persons and their basic moral equality. The Workshop will begin in the fall with several classes just for students to discuss foundational readings from liberal thinkers like Locke, Kant and Mill (Jeremy Waldron and David Brink will also visit the Workshop to discuss, respectively, Locke and Mill). In the Winter quarter, we will consider critics from the left, notably Marx and Frankfurt School theorists like Herbert Marcuse. (Steven Lukes is a confirmed outside visitor.) In Spring, we will turn to critics from the "right" such as Nietzsche (who rejects the moral equality of persons) and Carl Schmitt. There will be sessions with the students discussing primary texts and then sessions with outside speakers (some still being scheduled) sometimes interpreting the primary texts, sometimes criticizing the critics of liberalism, and sometimes developing their ideas. Open to PhD students in philosophy, and to J.D. students and other graduate students who submit an application to Prof. Leiter detailing their background in philosophy. This class will require a major paper (20-25 pages). Only continuing students from winter will be registered.

Previously:

  • Autumn 2018, Nethanel Lipshitz and Brian Leiter
  • Winter 2019, Nethanel Lipshitz and Brian Leiter

Workshop: Legal Scholarship

Spring 2020, Lisa Bernstein

This workshop may be taken for a full year as a course (every other week in W and S) or only in the fall quarter as a seminar. It is open to all students, including JSDs and LLMs.  Students registered for the full year are required to either write a paper of publishable quality or revise a previously written paper for publication. The goal is to prepare students for the academic job market or continuing with SJD studies. Special attention is paid to topic selection, how to approach working on an original (not synthetic) project, and presentation skills. Students enrolled for the year will be expected to conduct themselves as they would if they were junior faculty members at a top law school, reading and commenting on the work of their peers. Optional lunches to discuss writing will be held throughout the year in the same format as the Faculty Round Table. The goal is to create a learning community that will provide students with the type of scholarly atmosphere the faculty here enjoys. There will be meetings on average every other week during Winter and Spring Quarters.The fall quarter only option is designed for several audiences: (1) students who want to decide if an academic career is for them; (2) students who wish to improve their skills as a public speaker; (3) students who want to improve their skills of critique while reading papers from a wide variety of subject areas; (4) and students who simply enjoy arguing about the law. Each week a young scholar present works-in progress and students play the role of the faculty in a faculty workshop. The class and the professor then provide feedback and suggestions to the presenter on aspects of both presentation style and the substance of the paper. The FALL ONLY version is graded on the basis of short reactions papers and class participation. The full year version may fulfill the WP or the SRP. Graduate students may register. College students will require instructor permission.Credits for this Workshop:Autumn quarter: 3Winter quarter: 1Spring quarter 2

Previously:

  • Autumn 2017, Lisa Bernstein
  • Winter 2018, Lisa Bernstein
  • Spring 2018, Lisa Bernstein
  • Autumn 2018, Lisa Bernstein
  • Winter 2019, Lisa Bernstein
  • Spring 2019, Lisa Bernstein
  • Autumn 2019, Lisa Bernstein
  • Winter 2020, Lisa Bernstein

Workshop: Regulation of Family, Sex, and Gender

Spring 2020, Mary Anne Case

This workshop exposes students to recent academic work in the regulation of family, sex, gender, and sexuality and in feminist theory. Workshop sessions are devoted to the presentation and discussion of papers from outside speakers and University faculty. The substance and methodological orientation of the papers will both be diverse. Participation may be considered in final grading. A series of reaction papers is required. Students have the option of writing a major paper (20-25 pages) for SRP credit.

Previously:

  • Winter 2018, Mary Anne Case
  • Spring 2018, Mary Anne Case
  • Autumn 2018, Mary Anne Case
  • Spring 2019, Mary Anne Case
  • Winter 2020, Mary Anne Case

Wrongful Discrimination: Legal and Philosophical Perspectives

Spring 2019, Nethanel Lipshitz

As human beings, we make distinctions all the time. We cannot get by in the world without discriminating. Yet, some forms of discrimination are wrongful, and when discrimination is wrongful, it is typically considered to be a central case of injustice and unfairness. The question of what makes an incidence of discrimination wrong is thus a topic of heated social debate. This is the main question we will take up in this seminar. We will read philosophical literature on discrimination, and use legal cases as our cases studies. We will look in more detail at one case of discrimination in particular - discrimination against the disabled - and discuss the contentious topic of affirmative action.A major paper of 20-25 pages is required for this class. Class participation may be considered in final grading.