Course Schedule
Classes Found
SMNR: Colloquium on Comparative Constitutional Law and Politics
- TUE 3:45 – 5:35 pm JON 5.206/7
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
This course offers students the opportunity to interact with some of the leading scholars in constitutional law around the world. Over the course of the semester, six or seven external professors will present recent papers they have written. Students will spend two-week blocks on each paper. In the first week, the class will meet in a traditional seminar format to discuss the paper and the themes it raises. In the second week, the professor who whote the paper will attend our seminar to present her paper to our group, giving students the opportunity to engage with the professor and her ideas directly in a meaningful way. We will repeat this two-week block six times over the course of the semester. All invited scholars will be globally-recognized experts in comparative constitutional law and politics. Their papers will focus on the major questions of our time in relation to constitutional democracy, the separation of powers, and the rule of law. UT faculty in law and other departments will be invited to attend the paper presentations. Evaluation will be based on a final paper written in response to a student's choice of a grouping of presented papers.
SMNR: Colloquium on Current Issues in Complex Litigation
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
SMNR: Colloquium on Current Issues in Complex Litigation
- MON 3:55 – 5:45 pm JON 6.207
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation. In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working. Students are required to write short critiques of each of the speakers’ papers, and the critiques typically will be provided to the speaker. Students receive detailed comments from both professors on each of their papers.
SMNR: Colloquium on Current Issues in Complex Litigation
- MON 3:45 – 5:35 pm JON 6.257
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation. In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working. Students are required to write short critiques of each of the speakers’ papers, and the critiques typically will be provided to the speaker. Students receive detailed comments from both professors on each of their papers.
SMNR: Colloquium on Current Issues in Complex Litigation
- MON 3:45 – 5:35 pm JON 6.207/8
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation. In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working. Students are required to write short critiques of each of the speakers’ papers, and the critiques typically will be provided to the speaker. Students receive detailed comments from both professors on each paper.
- MON 4:15 – 6:05 pm TNH 3.125
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The 28525 section of this course will be taught in person but with the option of occasional remote participation via Zoom. If students require all remote participation, they must register for the 28484 section of this course, which is identical but web-based.
This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation. In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working. Students are required to write short critiques of each of the speakers’ papers, and the critiques typically will be provided to the speaker.
SMNR: Colloquium on Current Issues in Complex Litigation
- TUE 3:45 – 5:35 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation. In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working. Students are required to write short critiques of most of the speakers’ papers, and the critiques typically will be provided to the speaker.
SMNR: Comparative Constitutional Law and Politics
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
SMNR: Comparative Constitutional Law and Politics
- R. Albert
- Z. Elkins
- MON 3:55 – 5:45 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The objective of this Writing Seminar is to give students the tools to produce their own publishable work in comparative constitutional law and politics. Students will be trained on how to identify and select an idea for a paper, how to write a paper, and how to make a paper presentation. Students will also have the opportunity to learn writing and research tips from, engage with the work of, and have dinner with leading scholars in the field, who will visit this Writing Seminar to present their works-in-progress. Evaluation will be based on class participation, two response papers (graded pass/fail), one class presentation, one annotated bibliography, one paper outline, and one final term paper.
SMNR: Comparative Constitutionalism
- G. Jacobsohn
- R. Hirschl
- WED 3:00 – 6:00 pm BAT 5.102
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Government
Registration Information
- Upperclass-only elective
Description
This is a Government course, cross-listed with the Law School.
The proliferation of new constitutions in recent years has sharpened interest in a subject that has been around since Aristotle but has not always figured prominently in legal studies. The comparative analysis of constitutions (and related interpretive and structural issues) is now embraced as an essential component of the public law curriculum. This course will explore alternative traditions of constitutionalism, connecting them to the broader political cultures from which they have emerged. It will examine the various shades of meaning underlying political values and moral theories that inform concepts -- for example, liberty, autonomy, equality, and community -- within various constitutional traditions. It will seek to account for the similarities and differences within the constitutional ideas and arrangements in contrasting systems. It will explore the role of constitutional courts in polities with varying conceptions of judicial review and its significance. It will consider alternative approaches to the study of constitutional maintenance and change. It will attempt to clarify the elusive concepts of constitutional identity and revolution. It will look closely at the ways in which foreign experience might illuminate and possibly enrich American constitutional understandings. And it will consider how the comparative approach might contribute to contemporary debates among constitutional theorists.
No prerequisites
Requirements: class participation (20% of grade); a short reflective paper (20% of grade); and a 25-page research paper (60% of grade)
SMNR: Comparative Constitutionalism
- G. Jacobsohn
- S. Levinson
- WED 3:30 – 6:30 pm BAT 1.104
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
The proliferation of new constitutions in recent years has sharpened interest in a subject that has been around since Aristotle but has not always figured prominently in legal studies. The comparative analysis of constitutions (and related interpretive and structural issues) is now embraced as an essential component of the public law curriculum. This course will explore alternative traditions of constitutionalism, connecting them to the broader political cultures from which they have emerged. It will examine the various shades of meaning underlying political values and moral theories that inform concepts -- for example, liberty, autonomy, equality, and community -- within various constitutional traditions. It will seek to account for the similarities and differences within the constitutional ideas and arrangements in contrasting systems. It will explore the role of constitutional courts in polities with varying conceptions of judicial review and its significance. It will consider alternative approaches to the study of constitutional maintenance and change. It will attempt to clarify the elusive concepts of constitutional identity and revolution. It will look closely at the ways in which foreign experience might illuminate and possibly enrich American constitutional understandings. And it will consider how the comparative approach might contribute to contemporary debates among constitutional theorists.
No prerequisites
Requirements: a short reflective paper (20% of grade) and a 25-page research paper (60% of grade). Class participation (20% of grade)
SMNR: Comparative Judicial Politics
- TUE 3:30 – 6:30 pm BAT 1.104
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Government
Registration Information
- Upperclass-only elective
Description
This is a Government course, cross-listed with the Law School.
Courts around the world are becoming more powerful and more deeply involved in setting public policy, deciding important political and social questions, and constraining democratic politics. At the same time, those who should know – and care – the most about this phenomenon, including lawyers, politicians, and political scientists, often operate under mistaken premises concerning courts and law, how politics affects them and how they in turn affect politics. In this course we will try to dispel some of these misunderstandings. We will ask questions like the following: What is behind this global trend? What are courts doing with their newfound powers? When do courts and law have more important consequences for politics and for social change? Perhaps more importantly, is the “judicialization” of politics good, bad or indifferent? And good for whom?
The course examines the role that courts and law play in political systems around the world, including the United States. We begin with an examination of the basic logic of courts and law, and cover such topics as the differences across legal traditions, the creation of constitutional courts, the nature of judicial decision-making, judicial independence, the capacity of courts to produce social change, etc. The ultimate goal is to understand the conditions under which courts are or become consequential actors within the overall social and political system.
The course should be especially relevant to those with an interest in comparative law and legal systems, comparative judicial behavior, the role of courts in politics and social change, and the rule of law around the world. Given the course’s strong institutional focus, the course should also be relevant to those interested in comparative institutional analyses more generally. The readings will include materials on courts around the world, from the US and the rest of North America, to Latin America, Africa, the Middle East, Asia and Europe.
Writing Assignments:
For this course you will produce three kinds of written assignments. You will write two reaction papers, minimum of one or two pages, that react to the readings for a particular day, and provide questions to jump start the discussion. You will write one reflection paper of 5-7 pages on at least one of the conceptual or theoretical questions addressed in the course, that offers some original thinking on these issues, grounded in an understanding and critique of the literature we cover. Finally, you will write a paper of 25 to 35 pages on a topic of your choice that at least points in the direction of a conference/article quality piece of work. You will need to make some original claim in your paper, not just repeat and re-process what is already in the literature. Alternatively, you may write a thoughtful critical review of several recent pieces (say, three books) on a topic – for this, the standard will be theoretical and critical originality. A good critical review will still depend on reading more broadly than what we have on the syllabus, in order to bring all the relevant literature to bear.
SMNR: Comparative Middle East Law
- THU 2:00 – 5:00 pm CAL 22
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Middle Eastern Studies
Registration Information
- Upperclass-only elective
Description
This is a Middle Eastern Studies course, cross-listed with the Law School.
This seminar explores modern legal structures - legislative and judicial - of the Middle East. It introduces students to the process by which traditional Islamic law was transformed into state law in the 19th and 20th centuries CE, by investigating debates on codification, legal modernity, and legal borrowing. With the emergence of the modern nation-states across the Muslim World, many countries accorded constitutional status to Islamic law as “a source” or “the source” of law and some states purport to base their entire systems on versions of Islamic law. The formation of the modern legal regimes in the Middle East was a hybrid product of Islamic and western legal traditions, which raises questions about legal authority, legality, and the creation of modern legal and judicial institutions. The course aims to encourage comparative legal analysis to assess generalizations about law typically formulated with respect to Western legal traditions. The course discusses cases and codes from Egypt, Israel, Turkey, Iran, and Saudi Arabia. The topics covered in this course are constitutional law, judicial review, administrative law, obligations, commercial law, family law, human rights, and criminal law.
SMNR: Comparative Middle East Law
- S. Ayoub
- TUE 2:00 – 5:00 pm JON 5.257
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Middle Eastern Studies
Registration Information
- Upperclass-only elective
Description
This is a Middle Eastern Studies course, cross-listed with the Law School.
This seminar explores modern legal structures – legislative and judicial – of the Middle East. It introduces students to the process by which traditional Islamic law was transformed into state law in the 19th and 20th centuries CE, by investigating debates on codification, legal modernity and legal borrowing. With the emergence of the modern nation-states across the Muslim World, many countries accorded constitutional status to Islamic law as “a source” or “the source” of law and some states purport to base their entire systems on particular versions of Islamic law. The formation of the modern legal regimes in the Middle East was a hybrid product of Islamic and western legal traditions, which raises questions about legal authority, legality, and the creation of modern legal and judicial institutions. The course aims to encourage comparative legal analysis to assess generalizations about law typically formulated with respect to Western legal traditions. The course discusses cases and codes from Egypt, Malaysia, Northern Nigeria, Iran, and Saudi Arabia. The topics covered in this course are constitutional law, judicial review, administrative law, obligations, commercial law, family law, human rights and criminal law.
SMNR: Comparative Middle East Law
- S. Ayoub
- MON 3:00 – 6:00 pm JON 6.203
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
Cross-Listed This seminar explores modern legal structures – legislative and judicial – of the Middle East. It introduces students to the process by which traditional Islamic law was transformed into state law in the 19th and 20th centuries CE, by investigating debates on codification, legal modernity and legal borrowing. With the emergence of the modern nation-states across the Muslim World, many countries accorded constitutional status to Islamic law as “a source” or “the source” of law and some states purport to base their entire systems on particular versions of Islamic law. The formation of the modern legal regimes in the Middle East was a hybrid product of Islamic and western legal traditions, which raises questions about legal authority, legality, and the creation of modern legal and judicial institutions. The course aims to encourage comparative legal analysis to assess generalizations about law typically formulated with respect to Western legal traditions. The course discusses cases and codes from Egypt, Malaysia, Northern Nigeria, Iran, and Saudi Arabia. The topics covered in this course are constitutional law, judicial review, administrative law, obligations, commercial law, family law, human rights and criminal law
SMNR: Competition Law and Health Care
- W. Sage
- TUE 4:15 – 6:05 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
This is an advanced class in health law and policy that explores the role of competition in health care systems that are also highly regulated. Approximately half of the course will consider the interplay of competition and regulation as both a normative and a descriptive matter, including international comparisons. The other half of the course will focus on the application of U.S. antitrust law to the health care system, examining both historical cases and recent or ongoing disputes through readings and conversations with antitrust litigators and enforcers.
SMNR: Congress and the Courts
- WED 2:30 – 4:20 pm TNH 3.115
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
Supreme Court reform is a hot topic today. But what power do Congress and the President have over the Supreme Court -- and when and how should they use that power? This seminar will examine various issues of Court reform, such as term limits and changes in the Court's size. We will also explore ways in which the political branches can and have enhanced the power of the federal judiciary. Throughout, we will consider broader themes, such as the constitutional separation of powers, the influence of partisan politics, and the importance of judicial legitimacy.
SMNR: Constitutional Courts and High Politics
- R. Hirschl
- WED 3:45 – 5:35 pm JON 5.257
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
Constitutional courts and transnational tribunals worldwide have become a central forum for dealing with contentious political questions that define and divide entire nations. This seminar offers an opportunity for students to engage with cutting-edge research concerning this global trend—arguably one of the most significant developments in late-20th and early 21st century government. It combines the comparative study of landmark court rulings concerning key political matters with exploration of pertinent social science research concerning the global expansion of constitutionalism and judicial review, modes of constitutional reasoning and judicial decision-making, and political clashes over courts and judicial power. Among the issues covered are the engagement of constitutional courts and constitutional jurisprudence worldwide with democracy, elections and the political process; core dilemmas of collective identity; ethno-nationalist populism and constitutional retrogression; secession and self-determination; religion and diversity; equality; economic and social rights; and restorative justice. Evaluation will be based on participation, a short integrative comment paper, and a final seminar paper.
SMNR: Constitutional Courts and High Politics
- R. Hirschl
- TUE 3:45 – 5:35 pm JON 6.206
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
Constitutional courts and transnational tribunals worldwide have become a central forum for dealing with contentious political questions that define and divide entire nations. This seminar offers an opportunity for students to engage with cutting-edge research concerning this global trend—arguably one of the most significant developments in late-20th and early 21st century government. It combines the comparative study of landmark court rulings concerning key political matters with exploration of pertinent social science research concerning the global expansion of constitutionalism and judicial review, modes of constitutional reasoning and judicial decision-making, and political clashes over courts and judicial power. Among the issues covered are the engagement of constitutional courts and constitutional jurisprudence worldwide with democracy, elections and the political process; dilemmas of collective identity; ethno-nationalist populism and constitutional retrogression; secession and self-determination; religion and diversity; equality; economic and social rights; and restorative justice. Evaluation will be based on participation, a short integrative comment paper, and a final seminar paper.
SMNR: Corporate Finance and Governance
- TUE 3:45 – 5:35 pm TNH 3.129
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar is primarily interested in the legal aspects of three main subjects: corporate finance, corporate governance, and financial markets and institutions. This seminar differs from seminars on these subjects offered by business schools in that, among other things, this seminar is principally about law rather than finance. Students without any background in business or finance will be able to find many topics that they would be able to write about in a thoughtful way. The first portion of the seminar will be devoted to the discussion of selected readings. The precise content of this portion will vary from year to year. We might, for example, consider the current debate over the proper purpose of the corporation; the forces that may have contributed to the global financial crisis; Enron, WorldCom, Olympus, and other domestic and foreign debacles in corporate governance; university-industry joint ventures; derivatives and other financial innovations; stock market bubbles; or international coordination in the regulation of financial markets and institutions. A major goal of these initial meetings will be to help students identify topics and organize their research. The balance of the seminar, being centered on the presentation of student papers, will reflect the wide range of interests and backgrounds that students bring to this seminar. A second draft of all papers will be required. The seminar grade will depend on the first draft, the oral presentation, the second draft, and class preparation/participation. No prior business or financial background whatsoever is required. It is recommended (although not required) that students either have taken or simultaneously take Business Associations, Business Associations (Enriched), Business Associations for LLM's, or Corporations.
SMNR: Corporations and the Constitution
- THU 2:15 – 4:05 pm TNH 3.125
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This writing seminar will examine the intersection of the law of business organizations with constitutional law (and public law more generally). We will explore the law and history of corporate personhood. How and why did a corporation become a constitutional person? We will consider the meaning of corporate personhood for speech, religious exercise, due process, and equal protection and discuss questions like: Can a corporation have a race or gender? When should organizations have rights under the Constitution? What significance should the corporate form have? We will interrogate contemporary decisions in cases like Citizens United v. Federal Election Commission and Burwell v. Hobby Lobby. Because business organizations collectively (and sometimes singly) hold immense power over resources, employees, and governmental policies, as we consider corporate rights we will also query whether business organizations should bear responsibilities. Readings will include judicial opinions, scholarly articles, legislation, and regulations. Students will be expected to participate actively in class discussions, to submit brief discussion questions, and to complete and present a research paper on any topic salient to the course.
SMNR: Corporations and the Constitution
- THU 2:15 – 4:05 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This writing seminar will examine the intersection of the law of business organizations with constitutional law (and public law more generally). We will explore the law and history of corporate personhood. How and why did a corporation become a constitutional person? We will consider the meaning of corporate personhood for speech, religious exercise, due process, and equal protection and discuss questions like: Can a corporation have a race or gender? When should organizations have rights under the Constitution? What significance should the corporate form have? We will interrogate contemporary decisions in cases like Citizens United v. Federal Election Commission and Burwell v. Hobby Lobby. Because business organizations collectively (and sometimes singly) hold immense power over resources, employees, and governmental policies, as we consider corporate rights we will also query whether business organizations should bear responsibilities. Readings will include judicial opinions, scholarly articles, legislation, and regulations. Students will be expected to participate actively in class discussions, to submit brief discussion questions, and to complete and present a research paper on any topic salient to the course.
SMNR: Credit Cards in Transition
- TUE 3:55 – 5:45 pm TNH 3.127
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
For most of their history, credit cards have been largely unregulated. That changed in 2009 with the passage of the CARD Act, which directly regulated their substantive terms for the first time. Credit cards are receiving even more scrutiny from the new Consumer Financial Protection Bureau (CFPB). In this seminar, we will examine how these changes have affected the credit industry and the consumers who borrow from it. Questions to be considered include: Has regulation decreased the supply or increased the price of credit? Have the new laws helped consumers, or have they negatively restricted consumer choice? What provisions have been most and least effective? What lessons can we apply to other consumer credit relationships? And perhaps most importantly, are these laws an aberration in the history of a free-market product, or is regulation the future of credit cards? We will also briefly touch on credit card fraud and the conflicts between credit card issuers and merchants. We will read a variety of materials, including CFPB publications about the agency's latest enforcement actions. Grades will be apportioned as follows: 50%, final papers; 25%, students' first draft of their papers; and 25%, class paritipcation.
SMNR: Credit Cards in Transition
- MON 3:55 – 5:45 pm TNH 3.127
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
For most of their history, credit cards have been largely unregulated. That changed in 2009 with the passage of the CARD Act, which directly regulated their substantive terms for the first time. Credit cards are receiving even more scrutiny from the new Consumer Financial Protection Bureau (CFPB). In this seminar, we will examine how these changes have affected the credit industry and the consumers who borrow from it. Questions to be considered include: Has regulation decreased the supply or increased the price of credit? Have the new laws helped consumers, or have they negatively restricted consumer choice? What provisions have been most and least effective? What lessons can we apply to other consumer credit relationships? And perhaps most importantly, are these laws an aberration in the history of a free-market product, or is regulation the future of credit cards? We will also briefly touch on credit card fraud and the conflicts between credit card issuers and merchants. We will read a variety of materials, including CFPB publications about the agency's latest enforcement actions. Grades will be apportioned as follows: 50%, final papers; 25%, students' first draft of their papers; and 25%, class paritipcation.
SMNR: Credit Cards in Transition
- MON 3:45 – 5:35 pm
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
For most of their history, credit cards have been largely unregulated. That changed in 2009 with the passage of the CARD Act, which directly regulated their substantive terms for the first time. Credit cards are receiving even more scrutiny from the new Consumer Financial Protection Bureau (CFPB). In this seminar, we will examine how these changes have affected the credit industry and the consumers who borrow from it. Questions to be considered include: Has regulation decreased the supply or increased the price of credit? Have the new laws helped consumers, or have they negatively restricted consumer choice? What provisions have been most and least effective? What lessons can we apply to other consumer credit relationships? And perhaps most importantly, are these laws an aberration in the history of a free-market product, or is regulation the future of credit cards? We will also briefly touch on credit card fraud and the conflicts between credit card issuers and merchants. We will read a variety of materials, including CFPB publications about the agency's latest enforcement actions. Grades will be apportioned as follows: 50%, final papers; 25%, students' first draft of their papers; and 25%, class paritipcation.