Course Schedule

This is a writing seminar designed to teach key features of the doctrines developed in connection with 42 U.S.C. 1983, the primary vehicle for federal civil rights litigation in connection with constitutional violatoins by state and local officials. The readings will present the opportunity to learn the mechanics of Section 1983 litigation, and also scholarly and policy critiques of the doctrinal landscape. Topics will include state-action doctrine, qualified and absolute immunity, municipal liability, damages and attorneys fees, and additional issues. Class sessions will typically include both discussion of cases and scholarship pertaining to the assigned topic, but also discussions with practitioners in the field. Students are expected to participate actively in each week's discussion, to submit brief reading reflections/questions on a weekly basis, and to complete original research which may take the form of either traditional legal scholarship or a policy brief.

This writing seminar will examine selected topics of student interest regarding all aspects of maritime law ranging from commercial law to “torts at sea.” The field of maritime casualties and transactions involves issues ranging across much of the basic law school curriculum including civil procedure, comparative law, conflicts of law, constitutional law, contracts, creditors’ rights, environmental law, federal courts, insurance, international law, legislation, products liability, property, remedies, torts and workers’ compensation.

In the early weeks of the semester students will be introduced to the broad legal background in this field. Thereafter emphasis will be placed on analytical research and writing skills with maritime law as the subject matter. Guidance will be provided regarding paper topic selection – topics will be suggested, but students may select their own topic subject to approval. Subsequent sessions will consist largely of discussions of ongoing student research, draft paper preparation and review with feedback, and student presentations of the results of their original research.

A traditional seminar paper of roughly 30 pages will be required. During the semester students will present topics of interest to them, detailed outlines of their paper, and rough drafts of their paper for discussion, analysis and feedback. Class discussion of the papers will be an important aspect of the learning experience.

Although the seminar may be taken on a pass/fail basis, students in need of a required writing seminar will be assigned a letter grade based on the quality of the paper and participation in class.

Prior study or experience regarding maritime law will afford some advantage, but such is not a prerequisite.

During the spring of 2024 there are three writing competitions involving monetary awards for papers addressing maritime law issues sponsored by the Federal Bar Association Admiralty Law Section, the Admiralty and Maritime Law Committee of the American Bar Association and the Judge John R. Brown Scholarship Foundation. The Fall timing of this seminar will afford students the opportunity to submit papers in these Spring competitions.

This writing seminar will examine selected topics of interest regarding all aspects of maritime law ranging from commercial law to "torts at sea." The field of maritime casualties and transactions involves issues ranging across much of the basic law school curriculum including civil procedure, comparitive law, conflicts of law, constitutional law, contracts, creditors' rights, environmental law, federal courts, insurance, international law, legislation, products liability, property, remedies, torts and workers' compensation.

In the early weeks of the semester students will be introduced to the broad legal background in this field. Thereafter emphasis will be placed on writing skills with maritime law as the subject matter. Guidance will be provided regarding topic selection - topics will be suggested, but students may select their own topic subject to approval. Subsequent sessions will consist largely of discussions of ongoing student research, draft paper review and their presentations of the results of their original research.

A traditional seminar paper will be required. During the semester students will present rough drafts of the paper for discussion, analysis and feed back. Class presentation of the paper will be an important aspect of the learning experience.

Although the seminar may be taken on a pass/fail basis, students in need of a required writing seminar will be assigned a letter grade based on the quality of the paper and participation in class.

Prior study or experience regarding maritime law will afford some advantage, but such is not a prerequisite.

This writing seminar will examine selected topics of interest regarding all aspects of maritime law ranging from commercial law to "torts at sea." The field of maritime casualties and transactions involves issues ranging across much of the basic law school curriculum including civil procedure, comparitive law, conflicts of law, constitutional law, contracts, creditors' rights, environmental law, federal courts, insurance, international law, legislation, products liability, property, remedies, torts and workers' compensation.

In the early weeks of the semester students will be introduced to the broad legal background in this field. Thereafter emphasis will be placed on writing skills with maritime law as the subject matter. Guidance will be provided regarding topic selection - topics will be suggested, but students may select their own topic subject to approval. Subsequent sessions will consist largely of discussions of ongoing student research, draft paper review and their presentations of the results of their original research.

A traditional seminar paper will be required. During the semester students will present rough drafts of the paper for discussion, analysis and feed back. Class presentation of the paper will be an important aspect of the learning experience.

Although the seminar may be taken on a pass/fail basis, students in need of a required writing seminar will be assigned a letter grade based on the quality of the paper and participation in class.

Prior study or experience regarding maritime law will afford some advantage, but such is not a prerequisite.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds/Metaverse, NFTs, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds/Metaverse, NFTs, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds/Metaverse, NFTs, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds, user generated content and similar concerns will be covered.

"Sovereignty" is perhaps the most pervasive, and contentious, issue both in political theory and in law.  University of Michigan law political theorist and law professor Don Herzog, for example, has suggegsted that the concept itself be retired, to "rest in peace," inasmuc, he argues, that contemporary realities are so different from the assumptions operative at the turn of the 17th century, when the idea of sovereignty was initially developed.  But, in fact, one cannot understand the major Western religions without paying attention to the importance of "divine sovereignty."  We will therefore begin with Abraham's acceptance of God's command to kill his son Isaac.  The course will definitely be grounded in various approaches to "sovereignty" throughout Western history.  The limitation to the "West" reflects my own lack of relevant knowledge rather than a well-founded belief that the West is exceptional in developing concepts of sovereigty.

We will also look carefully at the transformation from "divine sovereignty'--as in the "divine right of kings" and other rulers--into what I regard as the most important single political notion of hte past 400 years, the idea of popular sovereignty.  What are some of the meanings of the term, and attendant complications?  If "the people" are sovereign, for example, we must decide who is part of the relevant community of "the people" rather than "outsiders." Some outsiders may be defined as living outside of some territorial demaraction.  But even some people living"inside territorial boundaries" may nonetheless be viewed as outside the "sovereignt people."  Think, for example, of members of Indigenous Nations or enslaved persons, or resident aliens, especially if they are undocumented.  Many are treated as not truly part of the relevant legal community, with few, if any, rights that that community is "bound to respect."  But even if we can agree on who comprises "the people," there is still the question as to whether there are any genine limits on the power of the "soverereign community." How, if at all, does one deal with the idea of "limited sovereignty," or is that a contradiction in terms? Are there transcendent norms that limit "sovereign power," and is that true of God or only of "popular" sovereigns?

We will pay suitable attention to cases of the United States Supreme Court, but you should know that a primary point will be that they almost always beg the central theoretical questions posed by "sovereignty" as a political concept.  Justice Thomas, for example, has been rightly critical of some of the use of "sovereignty" language with regard to the autonomy of Indigenous Nations.  The status of Puerto Rico has also raised some complicated questions for those trying to make sense of the term "sovereignty."  We will also pay some attention to contemporary international law and its ramifications for the idea of sovereignty.  Can one, for example, at the same time support a strong theory of "American" (or any other national) sovereignty as well as the notion of "international" human rights or a "duty. protect" the "inrnal" victims of a paticulr regime's discrimination or tyranny?  

Depanding on the enrollment, I'll certainly be open to alternatives in the work requied and gradding.  I do not conceive of this as a semina, but should anyone wish to write a "seminar paper" in lieu of an examination, that can probalby be arranged.  Similarly, I might well ask you to write short "response" papers to the assigned readings as part of the required workload.  

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This is a one-semester three-unit seminar that will review the cases the SCOTUS has accepted for certiorari in the 2022-2023 Term, which of course begins in Oct. of 2022. We will focus on those cases concerning criminal law and procedure and related civil topics, such as immigration and civil rights actions. We will meet once a week for two hours. The only prerequisite is first-year criminal law. However, it would no doubt be helpful to have taken one of our criminal procedure or upper-level criminal law-related courses or seminars, or one of the criminal law clinics or internships. Each week, for the first hour, two of you will argue a pending SCOTUS case representing the government or plaintiff and two will argue representing the defense. The class and I will act as the Justices and question you, the attorneys, from the bench. For the second hour, we will dissect the arguments we heard, and perhaps attempt to predict what the Court will do. Two or three students will write a majority, dissenting, and perhaps a concurring opinion, which they will submit to me the following week. You will not be required to draft more than two opinions each. You will rewrite one of your opinions (your choice) after receiving feedback from your fellow students and from me. Your roles will constantly shift. You may not select which side of an argument you are on, but you can request particular cases. If you don't see a case you are following on my list, please ask! I will be flexible based upon student interest.

There is no casebook.  Please read the briefs of the parties posted posted on the SCOTUS blog for the assigned cases (or the cert. petition and opposition to cert., if that is all there is), and the opinion below. I will also post those on Canvas for your convenience. Reading the briefs of amici is not required. Please check Canvas every week for your written and oral assignments. I will try to get those sorted out and posted after the first week of class. There is no final exam. Your grade is based 50% on your oral arguments, questioning, and other class participation, and 50% on your written opinions. Obviously I cannot blind grade. However, this seminar is limited to 16 students, and therefore I will not grade on a curve.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy. The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates. The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs. In particular, the course will focus on surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state. Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.