Categories: Constitutional Law Human Rights

Chinese Law

Course Page for Fall 2016 - Ohnesorge, John

This seminar is designed to give students an appreciation of the role of law in Chinese society, in the past, and today. We will begin the seminar with an examination of law in traditional Chinese society, which constituted perhaps the world's most influential alternative to the Western legal tradition. We then look briefly at past efforts to "modernize" Chinese law, during the Republican period before 1949, and during the influence of Soviet law after 1949. The remainder of the semester will be spent on China's current efforts to establish a legal system, focusing on topics such as constitutional law and human rights, intellectual property law, environmental law, or corporate law. The exact topics covered will depend upon students' interests. Students will write papers, and will present those papers to the class during the last few sessions. Grading will be on the basis of the papers and the
presentations.

Learning Outcomes:

Upon completion of the course, students will be familiar with the legal tradition of Imperial China, which in world history has been the most influential alternative to the Roman law tradition.

They will also be familiar with China’s efforts to modernize its legal system along Soviet lines, and according to Western European and American models.

Finally, they will be have examined in detail several areas of contemporary Chinese law, allowing them to understand how China’s current legal reform efforts are affected by the political and economic development context in which the law functions.

Recent Offerings of this course by this instructor

Civil Disobedience, Strikes, and 'Riots'

Course Page for Fall 2021 - Braver, Joshua

Law and Theory of Civil Disobedience, Strikes, and "Riots"

Revolutions are violent overthrows of a system of government. At the other end of the continuum are reforms which seek to use legal avenues to shore up or fix defects in a system while still leaving its essential features intact. What may lie between these two extremes? What other modes of political change and agitation exist?

We explore the political tactics of civil disobedience, strikes and "riots." Among the questions we will ask are the following: When does the law permit and how does the law regulate each of these modes? Is this legal regulation fair or just? When are these tactics legitimate or productive? Is there a way to break the law that still pays respect to it? Are these tactics revolutionary or reformist or neither? We will work through a wide variety of legal, historical, and theoretical texts.

Construction Law

Course Page for Spring 2018 - Aiken, Jeffrey

Construction Law, Contracting and Negotiation

General Description:

This 3-credit course, offered in the spring semester of even number years by a former practicing attorney with over 40 years of experience in construction matters, will involve student class exercises in structuring, negotiating and drafting many of these contract provisions, as well as assessment and handling of related claims, following review of assigned textbook readings and other relevant handout materials. A complete set of PowerPoint slides will be distributed in advance for each construction lecture and afterwards for the contract drafting and negotiation lectures.

The course deals with the wide array of construction law, drawing upon a student’s existing knowledge of contract and tort law and expanding into construction specific issues -- such as project delivery systems, risk allocation principles, contract forms, insurance coverage, liens, surety bonds, owner, contractor and subcontractor claims as well as dispute resolution processes. “The relationships involved in construction contracts have long posed a unique problem in the law of contracts. , , ,[T]he conduct of most construction projects contemplates a complex set of interrelationships and respective rights and obligations…” Pavel Enterprises, Inc. v. A.S. Johnson Co., Inc., 674 A.2d 521 (Md. 1995).

This course will not only explore those issues in some detail but also will provide a foundation for transfer of unique concepts to other areas of practice, especially those involving inter-dependent performance obligations.

Why this course is useful:

Construction law is a well-defined practice area with numerous journals, treatises and CLE programs focused on the single largest segment of the American production sector (half a trillion dollars/year), which directly employs one out of every 20 workers in a technologically complex field of relational contracts. In addition to understanding the basics of construction processes and relationships, a lawyer needs skill in analyzing, drafting and negotiating similar contract provisions regardless of their particular practice area.

Learning Outcomes

Upon course completion:

1. students should understand the processes, relationships, inter-dependencies and legal principles necessary: (i) to properly analyze, draft, and negotiate contracts in the construction field and (ii) to address construction related disputes;

2. students should be competent to properly analyze, draft and negotiate key provisions in process-oriented, as well as material supply, contracts encountered in the construction field;

3. students should be able to effectively adapt legal concepts and contractual provisions common to the construction field to other areas, such as IT projects and disputes;

4. students should be able to correctly analyze comprehensive general liability (CGL) insurance coverage for construction defects; and

5. students should be able to read plan view and elevation construction drawings.

Recent Offerings of this course by this instructor

Construction Law, Contracting and Negotiation

Course Page for Spring 2021 - Aiken, Jeffrey

This course, generally offered in the spring every other year, will study a broad array of legal and practical issues encountered with inter-dependent transactions focused on, but not limited to, the construction industry, including contracting, negotiation, and dispute resolution strategies and tactics -- with in-class drafting exercises addressing key provisions of such process-oriented transactions. Course materials will include an extensive, easy-to-read ABA textbook plus a comprehensive set of PowerPoint slides and various other supplemental items. A former student evaluation characterized the course as being "taught...in a way to make it applicable to all fields of law, not just construction."

Consumer Health Advocacy Overview

Course Page for -

See individual sections for descriptions.

Defense Function

Course Page for Spring 2021 - Gross, John

See individual sections for descriptions.

Disability Antidiscrimination Law

Course Page for Spring 2021 - Guevara, Angelica

The course will examine the law of disability discrimination, primarily based upon the Rehabilitation Act of 1973, Section 504 and the Americans with Disabilities Act (ADA). The course will provide counter-narratives on current disability discourse to help lawyers become better advocates.

Domestic Violence

Course Page for Fall 2019 - Young, Morgan

Course focuses on state and federal laws, policy and practices impacting victims and perpetrators of domestic violence. Topics examined include dynamics of domestic abuse; restraining orders; mandatory arrest law via law enforcement, prosecution & sentencing responses; batterers treatment; battered women who kill & the battered women syndrome; family law, including custody/physical placement, relocation, mediation, effects on children who witness violence; Violence Against Women Act (VAWA); domestic abuse against the elderly; and welfare reform. Class involves a mix of papers, observation of injunction hearings, interactive exercises, and a final exam.

Learning Outcomes:

Upon completion of this course –
o Students will be able to identify the dynamics of domestic violence that may be present in clients and cases.
o Students will know best practice for providing trauma-informed legal services for survivors of domestic violence.
o Students will be well-versed in Wisconsin statute and case-law addressing domestic violence.

Recent Offerings of this course by this instructor

Domestic Violence

Course Page for Fall 2021 - Young, Morgan

See individual sections for descriptions.

Recent Offerings of this course by this instructor

ERISA

Course Page for Fall 2018 - Anderson, Brian

The course will provide an overview of the Employee Retirement Income Security Act (ERISA) as applied to retirement plans and employee welfare benefit plans which are regulated by the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation. Primary focus will be on ERISA rights provided to employees and ERISA obligations imposed on employers. Some attention will be paid to other laws that apply to group health plans. The course will also cover the role of the benefits attorney in the design and maintenance of employee benefit plans and compliance issues that arise in employer mergers, acquisitions, and other transactions.

Recent Offerings of this course by this instructor

Energy Law

Course Page for Fall 2017 - Seifter, Miriam

This course provides an introduction to the laws and policies governing the extraction, distribution, and use of energy in the United States. Our class will cover a range of energy resources, including coal, oil, natural gas, nuclear, wind, and solar. We will study traditional regulation of electricity and transportation as well as the transitions occurring in these areas. The materials will raise questions regarding federalism and localism, the appropriate roles of public and private actors, the intersection between energy and environmental law, and the challenges posed by the transition to cleaner energy. Although many disciplines—including economics, science, and public policy—are highly relevant to the topic, our study will be anchored in law: how does law govern the way energy is produced and consumed, and what sorts of legal regimes do and can address the multiple goals of an energy system? We will encounter topics that overlap with Administrative Law and Environmental Law, but you need not have taken those courses to excel in this one.

The course will be 2-3 variable credits: all students will take a final exam; students opting for the additional third credit will also need to complete three response papers during the term of about 3-5 pages each.

Recent Offerings of this course by this instructor

Equal Employment Law

Course Page for Spring 2020 - Rice, David, Bensky, Anne

Equal Employment Law examines the legal principles prohibiting discrimination in the workplace and the basic litigation strategies in employment discrimination cases. The course will focus primarily on Title VII of the Civil Rights Act of 1964 (and its subsequent amendments), the basic federal statute governing employment discrimination, the case law interpreting and applying it, some other federal anti-discrimination laws, and the Wisconsin Fair Employment Act (WFEA). While it is not feasible to give thorough coverage to all the federal statutes regulating employment discrimination, the course gives students a solid grounding in the fundamental principles of employment discrimination law and litigation.

COURSE LEARNING OUTCOMES

Students who successfully complete the course will:

Develop a comprehensive understanding of substantive employment discrimination law under Title VII, the ADA, the ADEA (Age Discrimination in Employment Act) and the WFEA;

Be able to identify the common procedural challenges that arise in employment discrimination litigation;

Be able to advise clients who are either facing workplace discrimination or are defending against (or seeking to prevent) discrimination claims.

Ethical Issues in Crim Justice (Defender Project)

Course Page for Fall 2019 - LaVigne, Michele

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Ethical Issues in Crim Justice (Defender Project)

Course Page for Fall 2021 - Gross, John

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Ethical Issues in Crim Justice (Prosecution Project)

Course Page for Fall 2019 - Glinberg, Lanny

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Ethical Issues in Crim Justice (Prosecution Project)

Course Page for Fall 2021 - Glinberg, Lanny

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Evidence

Course Page for Summer 2021 13-Week Session - Peterson, Kim

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Food Law

Course Page for Spring 2021 - Levenson, Barry

See individual sections for descriptions.

Recent Offerings of this course by this instructor

I.P. Licensing

Course Page for Spring 2021 - von Simson, Charles

Intellectual Property Licensing

Intellectual property is the most valuable asset of many businesses. The value derives in substantial part from the ability to transfer limited rights to use copyrights, patents, trademarks and trade secrets. IP licenses define how those rights are shared and exploited, and consequently how participants in many industries collaborate and compete.

This course will investigate the drafting and application of intellectual property licenses, relying on several examples from the software industry. Throughout the course the class will discuss strategies for revising and simplifying license agreements to better address the changing business needs of IP rights holders and their licensees.

Intro to I.P. is a pre-required course.

Implications of Tech Developments on Business & Law

Course Page for Fall 2020 - Smith, Anne

The Implications of Tech Developments on Business & Law Course (the “Capstone Course”) is a capstone experience for transactionally focused law students that combines an externship and classroom component. The Capstone Course will introduce students to a select subset of modern technical innovations presented by industry and campus leaders on the subject. In the week after each class, students will participate in a focused discussion related to the legal, ethical, social, and business issues presented by the innovation. Additionally, students will engage with industry Partners to explore innovation from the experience of a company that regularly engages with disruptive technology.

Learning Outcomes
Goal #1: To provide each student with dynamic interdisciplinary experience with a partner entity (a “Partner”) that will engage the student holistically in the Partner’s business and provide context to practicing law in a complex environment.

Students will demonstrate the following competencies:

• Critical thinking and judgment
• Legal analysis and reasoning
• Pragmatic problem solving
• Strategic thinking and judgment
• Service Orientation with Partners
• Responsiveness to Partner
• Good Partner rapport and relationships
• Effective planning and organization of work
• Communicates clearly and effectively with Partner
• Effective teamwork

Metric: At the end of each semester, Partner supervisors will provide written feedback regarding student skill in the relevant competency.

Goal #2: Engage students in thinking more deeply about the ways in which the law will adapt to technical innovation.

Students will demonstrate the following competencies:

• Critical thinking and judgment
• Understanding of inter-relatedness of business, ethical, social, and legal issues applied to innovation
• Legal analysis and reasoning
• Pragmatic problem solving
• Strategic thinking and judgment
• Communication
• Effective oral communication
• Effective written communication
• Effective listening

Metric: At the end of each semester each student will develop a graded 30-60 minute presentation and discussion related to an area of interest discussed during the course and demonstrating the above skills.

Recent Offerings of this course by this instructor

Implications of Tech on Business & Law

Course Page for Fall 2021 - Smith, Anne

The Implications of Tech Developments on Business & Law Course (the “Capstone Course”) is a capstone experience for transactionally focused law students that combines an externship and classroom component. The Capstone Course will introduce students to a select subset of modern technical innovations presented by industry and campus leaders on the subject. In the week after each class, students will participate in a focused discussion related to the legal, ethical, social, and business issues presented by the innovation. Additionally, students will engage with industry Partners to explore innovation from the experience of a company that regularly engages with disruptive technology.

Institutional Reform Litigation

Course Page for Spring 2017 - Nili, Rachel

This simulation course will provide a close, hands-on look at how institutional reform lawsuits, generally in the form of a class action, are litigated – from the investigation of potential allegations to the negotiation of a consent decree – and will examine both the benefits and the challenges of using litigation as a means of seeking reform of failing institutions. The course will cover the doctrinal bases of legal claims that are prevalent in impact suits, focusing on federal constitutional and statutory claims under 42 U.S.C. §1983, and will look to cases from multiple areas, including actions on behalf of children, prisoners, and institutionalized individuals. The course will be primarily experiential. Through simulations, students will learn about each stage of institutional reform litigation, including the initial investigation, filing of a complaint, moving for class certification, working with expert witnesses, motion practice, discovery, preparing for trial, and settlement/negotiation of a consent decree.

Learning Outcomes – Upon completion of this course,
1. students should have:
a. A strong understanding of the fundamental procedural and doctrinal elements that are necessary in order to bring and litigate an institutional reform lawsuit in federal court.
b. A basic understanding of the Federal Rules of Civil Procedure applicable to institutional reform lawsuits and each procedural stage of an institutional reform lawsuit.
2. students should be able to:
a. Analyze and report on challenges or roadblocks to potential institutional reform lawsuits;
b. Draft a pleading seeking injunctive relief against an institution based on claims under 42 U.S.C. §1983.
c. Work with colleagues to decide on strategy at multiple stages of a lawsuit. d) Confer with attorneys representing adverse parties on discovery and pre-trial issues and for the purpose of negotiating a consent decree.

Intro to Health Advocacy

Course Page for Summer 2018 13-Week Session - Jacklitz, Jill

See individual sections for descriptions.

Intro to Islamic Law & Jurisprudence

Course Page for Spring 2018 - Quraishi-Landes, Asifa

This class is designed to give students a basic understanding of the internal workings of Islamic law at its theoretical roots. This will be done by analyzing the various methodologies that are represented in Islamic legal literature, helping to enable the students to identify modern manifestations of these methodologies in contemporary Muslim discourses. Specifically, we will undertake a study of ijtihad, the mechanism of Islamic legal reasoning, focusing on the role of human fallibility in interpreting divine text, issues of certainty and probability in Islamic lawmaking, and the resulting landscape of multiple schools of law (madhhabs). Students will be asked to compare similarities and differences, and offer their own critiques of various approaches. There is additional attention to the specific doctrinal areas of Islamic family law and criminal law. The class also contextualizes the subject of Islamic law within various governmental and constitutional structures, beginning with the classical period, continuing through colonialism and reaching into the present day. Attentive students should come away from the class with a working understanding of the various methodologies in classical Islamic jurisprudence, as well as an appreciation of the types of Islamic legal arguments that are employed in global Muslim debates today.

Reading Materials: Readings will be from a professor-created collection provided on an online moodle site. Final grade will be based on a final term paper or final project/presentation, with added points for class participation throughout the semester.

Intro to Patient Advocacy

Course Page for Summer 2020 13-Week Session - Jacklitz, Jill

This course provides a comprehensive overview of the core skills employed in patient advocacy, focused on fostering a deep appreciation of the patient perspective. We will examine the US health care delivery system and the systemic problems that give rise to the need for advocacy. Through critical thinking, hands-on activities and reflection, students will develop concrete advocacy skills, including listening, goal setting and facilitation of collaborative decision-making.

Recent Offerings of this course by this instructor

LGBTQ+ Law

Course Page for Fall 2021 - Churchill, Abby

LGBTQ+ Law

This course will explore the unique legal issues impacting the LGBTQ+ community. Legal frameworks surrounding sexual orientation and gender identity are among the most dynamic and rapidly evolving in all of law. We will focus on those areas in which we are currently witnessing history being made.

Learning Outcomes:

This course is designed to:

1. Familiarize you with the basic knowledge of sexual orientation, gender identity, and the law, along with subject matter areas relevant to various aspects of LGBTQ+ life and the primary legal doctrine most relevant in that area.

2. Help you achieve a general understanding of how to apply what is learned about each subject matter area and its respective legal doctrines so that you can confidently work with LGBTQ+ clients.

3. Help you cultivate ways to communicate the changes we are currently seeing to non-lawyers.

4. Give you keen insight into jurisprudence as it is rapidly-evolving before our very eyes, and facilitate consideration about what the next 5 years may look like for the LGBTQ+ community.

Labor Relations (Labor & Employment Law)

Course Page for Fall 2016 - Carne, Danielle

The first semester of Labor Relations Law, usually offered in the Fall and often referred to as "Labor and Employment Law" is the basic introductory labor course. It examines the various mechanisms for regulating the workplace relationship--market regulation (including collective bargaining and other forms of bilateral determination of workplace rules) and statutory regulation--and provides an in-depth look at the methods of implementing each of these mechanisms (court action, administrative enforcement, administrative regulation and/or arbitration). The course examines the scope of the employment relationship, issues of federalism and preemption, and constitutional issues raised by workplace regulation. The course provides a brief introduction to the National Labor Relations Act and its promotion of collective bargaining; it examines the conflict between collective rights and individual rights and looks at the regulation of economic weapons.

In addition, the course introduces the student to anti-discrimination law, wage laws, safety and health laws, worker compensation law, and the regulation of pension and health benefits. The course contains some comparative law material and looks very briefly at some of the recent efforts to provide international labor standards in an increasingly global economy. The materials include a brief survey of emerging common law doctrine prohibiting wrongful discharge, and prohibiting invasions of privacy, fraudulent inducements and failures to disclose.

By the end of this course, students will be able to:
• Describe the default rule that forms the basis of employment relationships in the United States and identify various exceptions to the rule;
• Operate with an awareness of the various types of state and federal statutory, administrative-rule-based, and private, contract- or policy-based sources governing the American workplace and employment relationship.
• Appreciate competing priorities that drive the development of labor and employment regulations and systems establishing the conditions of the American workplace.

Labor Relations II

Course Page for Spring 2018 - Carne, Danielle

Labor Relations II is a detailed examination of the National Labor Relations Act with an emphasis on representation issues, collective bargaining, protection of individual rights, enforcement of the collective bargaining agreement and regulation of economic weapons used by both management and labor. Labor & Employment Law (“Labor Relations I”) is required.

Law of Democracy

Course Page for Spring 2019 - Yablon, Robert

This course examines the laws that structure the American democratic system. Topics include voting rights, redistricting, campaign finance, and the regulation of political parties. The course addresses the key constitutional principles and statutory provisions that govern these areas, with particular emphasis on recent legal developments—including issues unfolding during the current 2016 election cycle. In addition to covering doctrine, the course focuses on the theoretical underpinnings of the electoral system, the role of courts in overseeing the system, and proposals for reform. Prior or concurrent enrollment in Constitutional Law I and/or II is recommended but not required. Students will write short response papers during the semester. There will also be a final paper project or a take-home exam, depending on final course enrollment. Active class participation is expected.

By the end of this course, you should be able to:

• Understand and apply the key legal doctrines and rules that structure our democratic system, including the law governing the right to vote, electoral districting, political parties, and the financing of campaigns;
• Recognize the complex ways in which our laws of democracy interact with one another and shape our politics and policies;
• Appreciate the dilemmas the judiciary faces when asked to intervene in democratic disputes;
• Grapple in a sophisticated way with the benefits and drawbacks of our legal regime and of proposed reforms and alternatives.

Recent Offerings of this course by this instructor

Law of Democracy

Course Page for Fall 2020 - Yablon, Robert

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Legal Aspects of Entrepreneurship

Course Page for Spring 2020 - Smithka, Chris

See individual sections for descriptions.

Legal Intersections

Course Page for Spring 2021 - Mitchell, Everett

Child Welfare and Juvenile Justice Administration: Legal Intersections

This course will explore the legal intersections between the child welfare and juvenile justice by exploring both systems through the lenses of trauma. In the first part of the course, students will explore Wis. Stat. Chapter 48 and the child welfare system in Wisconsin: From initial decision to remove children from their homes, court jurisdiction, dispositional orders, termination of parental rights warnings, the reasonable efforts that must be made by the department, permanency planning, conditions of return and termination of parental rights. In the second half of the course, students will learn about Juvenile Justice and the purpose of the system in Wis. Stat. Chapter 938. In this section of the course, students will became familiar with the stages of juvenile justice: detaining of juveniles in detention, confidentiality, trauma, youth juvenile assessments, dispositions (juvenile sentencing), rules of supervision, placement (in home, foster home, residential care centers, group homes, or Lincoln Hills/Cooper Lake), restorative justice and juvenile expungement. The intention of the course is for law school and social work students to work in teams to develop the skills necessary to support children and families.

Recent Offerings of this course by this instructor

Legislation & Regulation

Course Page for Spring 2021 - Desai, Anuj

This course provides an introduction to the federal laws and governmental institutions that shape significant aspects of social and economic policy. The course addresses legislation, statutory interpretation, regulation and administrative agencies. Legislation and regulation play the dominant role in shaping law and governance in the modern American legal system. While numerous other law school courses involve statutes and regulations or legislatures and administrative agencies, this course considers the overarching questions about these laws and institutions: how statutes are enacted and agency regulations issued, what tools lawyers use to shape statutes and regulations, how judges interpret them, etc. The main goal of the course is practical. All lawyers, irrespective of the area of law—from securities law to criminal law, from environmental law to tax, from labor and employment law to contract drafting, from military law to bankruptcy, etc.—must understand statutes and regulation. This course is aimed at providing students with a deeper understanding of these forms of law and the institutions that make this law, and to help them better appreciate the role that lawyers play in the American legal system as it operates in practice. To think like a lawyer, and hence to represent or advise clients, requires an ability to do so in the context of the regulatory state.

This course meets the Legal Process graduation requirement.

Learning Outcomes:

(i) To understand the role of legislatures, administrative agencies, and courts in the legal process.
(ii) To understand the relationship between and among these institutions.
(iii) To understand the role that lawyers play in furthering their clients’ interests in each of these institutions.
(iv) To understand the differences in the forms of legal argument that occur in these different institutions.
(v) To understand how courts interpret statutes.
(vi) To understand how administrative agencies interpret and implement statutes.
(vii) To understand how courts oversee the interpretation and implementation of statutes by administrative agencies.

Recent Offerings of this course by this instructor

Mental Health Law

Course Page for Spring 2021 - Van Rybroek, Gregory

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Models of System Level Advocacy

Course Page for Spring 2021 - Jacklitz, Jill

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Presidential Debates

Course Page for Fall 2020 - Mayer, Ken, Williamson Jr., Brady

This course will analyze the history, legal and constitutional dimensions, regulatory issues, effects on public discourse, and legitimating functions of both primary and general election presidential debates. The course will include guest lectures from national political reporters, previous participants in candidate preparation, and national political figures involved in the process.

The course is open to senior political science and journalism majors, graduate students, and second and third year law students.

Privacy Law in the Information Age

Course Page for Spring 2021 - Bilder, Anne, Kastberg, Erin

This seminar-style course is about privacy --what it means to the courts, to the legislature, to the public, or whether it really means anything at all. Through a variety of source materials, including case law, legislation, essays, and literature, the course examines constitutional and common law approaches to privacy issues in many contexts -- our persons, our homes, our workplaces, our schools, our computers and cyberspace. It also includes cultural and comparative law dimensions of privacy. The instructors make a concerted effort to weave current events and "hot topics" in privacy into the syllabus and class discussions. Students are graded primarily on a final research paper, oral presentation of the paper in class, and on class participation. Pass/fail option is available.

Learning Outcomes – By the end of the course, students should have had the opportunity to engage in critical thinking about how the law reflects societal values about privacy in the following contexts:
1. Be familiar with the origins of U.S. privacy law;
2. Identify the four privacy torts;
3. Identify the privacy interests that are recognized and protected by the 4th Amendment;
4. Identify the privacy interests that are recognized and protected by the 1st Amendment;
5. Be familiar with how courts have applied the Constitution to decisions involving bodily integrity and medical decisions; and
6. Recognize and understand privacy implications in computing and on-line activities.

Recent Offerings of this course by this instructor

Prosecution Function

Course Page for Spring 2021 - Glinberg, Lanny

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Public Health Law

Course Page for Fall 2017 - Charo, R. Alta

COURSE OBJECTIVES:

Ensuring the health and wellbeing of citizens is among the fundamental goals of American government. While governments at all levels have varying degrees of power to provide for the public’s health, government action to protect health and well-being may conflict with constitutionally-protected rights of individuals. Thus, the question that lawyers, legislators, judges, and public health authorities must consider when contemplating government action is the extent to which the state may restrain citizens for the promotion of health, safety, and morals. This course will explore the legal foundations of the American public health system and the resulting struggle between individual liberties and the government’s interest in providing for its citizens' collective health and wellbeing.

The goal is to provide students with the ability to understand: (1) structure and functions of the public health system; (2) the role of government (including judiciary), community, and individual involvement in public health; and (4) the tensions between governmental interests in public health and individual interests in liberty.

LEARNING OUTCOMES

Upon completion of this course, students should be able to:
(1) describe and critique the authority of the state and federal government to limit personal freedom, economic transactions and land management for the purpose of promoting public health
(2) distinguish between the legality and the politics of various public health policy choices
(3) appreciate the interplay between immigration, race, class, geography, and education in the history and formation of public health policy

Recent Offerings of this course by this instructor

Public Health Law

Course Page for Fall 2020 - Charo, R. Alta

Our experience with COVID-19 has vividly demonstrated need for a functioning public health system that ensures the health and wellbeing of citizens. While governments at all levels have varying degrees of power to provide for the public’s health, government action to protect health and well-being may conflict with constitutionally-protected rights of individuals. Thus, the question that lawyers, legislators, judges, and public health authorities must consider when contemplating government action is the extent to which the state may monitor and restrain citizens for the promotion of health, safety, and morals. This course will explore the legal foundations of the American public health system and the resulting struggle between individual liberties and the government’s interest in providing for its citizens' collective health and wellbeing. It will also use the COVID-19 experience to explore the operational challenges in a public health system, including supply chain management, business disruption, first responder safety, crisis standards for medical care and pharmaceutical/vaccine development, and international cooperation.

The goal is to provide students with the ability to understand: (1) structure and functions of the public health system; (2) the role of government (including judiciary), community, and individual involvement in public health; (3) the legal powers available at each level of government and (4) the tensions between governmental interests in public health and individual interests in liberty.

The course will take advantage of mixed method teaching, combining in-person classes with on-line learning and exercises. No textbook. Readings and exercises will be provided by instructor. Background in statistics, epidemiology, biology and medicine is welcome but not required. On-line materials will be made available to provide the basics needed to participate fully in the class.

LEARNING OUTCOMES

Upon completion of this course, students should be able to:

(1) describe and critique the authority of the state and federal government to limit personal freedom, economic transactions and land management for the purpose of promoting public health
(2) distinguish between the legality and the politics of various public health policy choices
(3) appreciate the interplay between immigration, race, class, geography, and education in the history and formation of public health policy

Recent Offerings of this course by this instructor

Public Law & Private Power

Course Page for Fall 2021 - Rogers, Joel

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Race, Racism, and the Law

Course Page for Fall 2021 - Mitchell, Everett

The killing of George Floyd on May 25th, 2020, re-ignited the demand by black lives matter activists, white allies and co-conspirators for community control of police, reallocating monies designated to police towards mental health resources and educational equity, and specific criminal justice reform meant to reduce the number of non-violent offenders sitting in jail with cash bail awaiting trial. This course will explore these events through the lenses of racism and the codification of certain laws and United States Supreme Court decisions to undergird systemic narratives of racial inferiority of people of color. The intention is to ensure that students have a lens to view the current context through a historical point of view that demonstrates the unique role that lawyers must play if legal systems that maintain inequitable systems will eventually be dismantled and destroyed.

Recent Offerings of this course by this instructor

Research & Administrative Issues in Taxation

Course Page for Fall 2021 - Misey, Robert

See individual sections for descriptions.

Sociology of Law

Course Page for Fall 2018 - Rueda Saiz, Pablo

This course explores the sociological descriptions and explanations of legal institutions, focusing mostly in the United States and Latin America. Although the focus of the course is mostly sociological, it will also focus on the ways in which influential anthropologists, political scientists, psychologists, and economists understand such institutions. One of the first questions that this course poses regards the presence, form and functions of law in different societies, and its relation to social norms. For example, this course looks at theories that understand law in terms of the improvement of humanity, both individually and collectively, and others that depict it as a mechanism of hegemony and oppression.

This course focuses on perspectives that seek to explain legal phenomena, analyzing different theories that seek to explain them from the perspectives of individuals and institutions, by addressing issues related to compliance and non-compliance with the law. Some of the questions that these perspectives address are: 1) when, why and under what conditions do people comply? 2) how is compliance related to culture, power, and to individual cost-benefit analyses? 3) when and under what conditions do States and organizations implement existing laws?

Furthermore, this course also analyzes theories that seek to explain some of the consequences of legal institutions. Thus, it focuses on questions such as if, when, and how does law serve to maintain order and the status quo, and when does it help to promote social change? How does the law affect different social groups?

Sports Law

Course Page for Spring 2021 - Schaub, Josh

Sports lawyering is not entirely what you saw in the movie Jerry Maguire. The agent-player relationship is just a tiny fraction of sports lawyering. This class will cover, in a small part, that relationship, but seeks to broaden the concept of sports law to everything related to the business, law, and regulation of sport. There will be an emphasis on antitrust laws and the impact it has on the business of sport. This class will further combine doctrinal concepts including antitrust, labor law, intellectual property, commissioner’s powers, amateur sports, and immigration law. Students can expect practical teachings by being presented real life scenarios encountered by real sports lawyers and being asked to apply the assigned case law to resolve issues for employers and clients.

Sports Law

Course Page for Spring 2017 - Snyder, Brad

Sports lawyering is not what you saw in the movie Jerry Maguire. The agent-player relationship is just a tiny fraction of sports lawyering. This class covers that relationship but seeks to broaden the concept of sports law to anything related to the business, law, and regulation of sport. This class will combine doctrinal concepts including antitrust, labor law, intellectual property, torts, and telecommunications law with how to be a real sports lawyer by arguing five pending or recent legal issues in the sports world.

Recent Offerings of this course by this instructor

State & Local Government Law

Course Page for Spring 2021 - Seifter, Miriam

This course studies state and local government law in the United States. Although much of legal discourse focuses on the national government, it is in fact state and local governments that influence much of our day to day lives. Moreover, state and local government decision-making will play a prominent role in many of your legal careers. And state and local government law is at the center of some of the most significant theoretical and normative questions in American law, including those regarding democracy, federalism, and distributive justice.

The course will include study of the allocation of authority within and between state and local governments. This will include analysis of the three branches of state government and separation of powers questions arising among them, as well as analysis of how local governments are structured, financed, and organized. We will also study how state and local governments interact, covering doctrines of home rule and intrastate preemption. Throughout, we will ask whether and how current doctrines and policies implicate democracy, efficiency, and distributive justice. In addition, we will explore how these various doctrines and ideas play out in the context of contemporary disputes, including over housing, education, and immigration.

Recent Offerings of this course by this instructor

Taxation of Mergers & Acquisitions

Course Page for Fall 2019 - Schnur, Robert

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Taxation of Mergers & Acquisitions

Course Page for Fall 2021 - Schnur, Robert

See individual sections for descriptions.

Recent Offerings of this course by this instructor

Technology Law

Course Page for Spring 2021 - Ard, BJ

This course examines how the legal system responds to technological change. We will study the legal, economic, and social impacts of so-called “disruptive” technologies; the strategies through which courts, legislatures, administrative agencies, and international institutions respond to the legal uncertainty surrounding new technologies; and efforts by both incumbent and newcomer industries—and their attorneys—to use the law to support their preferred business models in the face of change.

Specific technologies to be discussed include smartphones, autonomous weapon systems, domestic drones, robotics, driverless cars, cyberwarfare, the railroad, the internet of things, social media, big data analytics, the sharing economy, and 3D-printing.

This course is appropriate for students regardless of their prior experience with technology or their career interests; there are no course prerequisites. New technologies have raised challenges in every area of the law, and the regulatory strategies and modes of legal argumentation explored in this course are transferable across subject areas.

Recent Offerings of this course by this instructor

The Constitution in the American Civil War

Course Page for Fall 2016 - Schwartz, David

The American Civil War tested, defined and redefined the United States Constitution more deeply, and in more varied ways, than any other episode in U.S. history since the founding itself. This seminar is designed to explore some of the ways in which that statement is true. Each week, we will examine a different topic in which government actors and individuals tested constitutional understandings or limits in the run-up to the Civil War, during the armed conflict, and in the Reconstruction period. Course materials will include primary and secondary historical material and contemporary judicial decisions.

Topics will include: the constitutional status of slavery and constitutional structures designed to protect slave property in the antebellum period; the constitutional arguments for secession; the scope of presidential war powers as asserted by Lincoln (e.g., the blockade of Southern ports, the suspension of habeas corpus); the redefinition of Congressional power by the Republican congresses of 1862-64; the constitutional issues surrounding the Emancipation Proclamation; the Confederate constitution; the state of civil liberties in the north and south; the constitutional questions around readmitting rebellious states into the Union; the post-war Amendments and reconstruction; and others.

Students taking the course to meet the upper level Legal Writing requirement must produce a seminar paper of at least 15 pages and a revision. Students not taking the course to meet this requirement, will have the option of writing a series of short reflection papers in lieu of the longer research paper.

On completion of this course, you should be able to:

1) Understand and explain in your own words, at least 8 major constitutional problems raised by the Civil War (understood to include slavery and secession prior to the outbreak of war, and the Reconstruction period and its aftermath);

2) Demonstrate and contrast, in a clear, concise and analytical way a connection between two of these constitutional problems and current constitutional problems, thinking critically about the difficulty of historical analogy and translation;

3) Formulate an answer to the question “why is race discrimination unconstitutional?” in a way that thinks critically and doesn’t entirely rely on stock answers to that question;

4) Create effective written and oral presentations explaining and analyzing a complex constitutional law/history question, in 3-5 minute (spoken) or 1,000-1,200 word (written) formats;

5) Prepare an in-depth historical analysis of one major constitutional problem raised by the Civil War (understood to include slavery and secession prior to the outbreak of war, and the Reconstruction period and its aftermath) [paper track].

The Law of Democracy

Course Page for Fall 2016 - Yablon, Robert

This course examines the laws that structure the American democratic system. Topics include voting rights, redistricting, campaign finance, and the regulation of political parties. The course addresses the key constitutional principles and statutory provisions that govern these areas, with particular emphasis on recent legal developments—including issues unfolding during the current 2016 election cycle. In addition to covering doctrine, the course focuses on the theoretical underpinnings of the electoral system, the role of courts in overseeing the system, and proposals for reform. Prior or concurrent enrollment in Constitutional Law I and/or II is recommended but not required. Students will write short response papers during the semester. There will also be a final paper project or a take-home exam, depending on final course enrollment. Active class participation is expected.

By the end of this course, you should be able to:

• Understand and apply the key legal doctrines and rules that structure our democratic system, including the law governing the right to vote, electoral districting, political parties, and the financing of campaigns;
• Recognize the complex ways in which our laws of democracy interact with one another and shape our politics and policies;
• Appreciate the dilemmas the judiciary faces when asked to intervene in democratic disputes;
• Grapple in a sophisticated way with the benefits and drawbacks of our legal regime and of proposed reforms and alternatives.

Recent Offerings of this course by this instructor

Trials of the Holocaust

Course Page for Spring 2021 - Tuerkheimer, Frank

This course studies the Holocaust through six different trials held after the Second World War in which alleged perpetrators of the Holocaust were defendants, from concentration camp guards to the upper levels of the Nazi bureaucracy. The course places the Holocaust into historical context and shows how it is interwoven with the Second World War. The course ends with efforts of courage and heroism by nations and individuals to save Jewish lives.

Worker's Compensation Law

Course Page for Spring 2020 - Aplin, Ronald

See individual sections for descriptions.

Recent Offerings of this course by this instructor