Course Schedule
Classes Found
Domestic Violence and the Law
- THU 4:15 – 7:00 pm TNH 3.127
Course Information
- Course ID:
- 389J
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 378J, Domestic Violence and the Law.
This course will provide an in-depth examination of the battered women’s movement and its impact on the legal system’s response to domestic violence. We begin with law and the social context of battering, including how the experience of abuse and the response to abuse is shaped by race, cultural identity, economic status, sexual orientation, and disabilities. Criminal law aspects are addressed within the role of protective orders, prosecution, and defense (including self-defense for victims and ethical representation of batterers). We next view how civil family law recognizes domestic violence in custody, divorce, visitation, and child protection matters. Among other topics, the course will examine specialized areas of the law, which include tort liability for batterers and third parties (police, employers, etc.) and federal remedies under the Violence Against Women Act. The class will discuss emerging issues like violence against women as a human rights violation and evolving sexual assault laws to identify the challenges of theory vs. practice. The focus of the class is to examine current gaps and barriers in the legal response to intimate partner violence and propose systemic change through a social justice lens.
Domestic Violence and the Law
- THU 4:15 – 7:15 pm ONLINE
Course Information
- Course ID:
- 378J
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course will be taught entirely online via Zoom.
This course will provide an in-depth examination of the battered women’s movement and its impact on the legal system’s response to domestic violence. We begin with law and the social context of battering, including how the experience of abuse and the response to abuse is shaped by race, cultural identity, economic status, sexual orientation, and disabilities. Criminal law aspects are addressed within the role of protective orders, prosecution, and defense (including self-defense for victims and ethical representation of batterers). We next view how civil family law recognizes domestic violence in custody, divorce, visitation, and child protection matters. Among other topics, the course will examine specialized areas of the law, which include tort liability for batterers and third parties (police, employers, etc.) and federal remedies under the Violence Against Women Act. The class will discuss emerging issues like violence against women as a human rights violation and evolving sexual assault laws to identify the challenges of theory vs. practice. The focus of the class is to examine current gaps and barriers in the legal response to intimate partner violence and propose systemic change through a social justice lens.
Economic Efficiency Analysis
- MON, TUE, WED 1:05 – 1:55 pm
Course Information
- Course ID:
- 392E
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course will examine the correct (useful) way to define the concept "the impact of a choice on economic efficiency," the economically-efficient approach to take to predicting or postdicting the economic efficiency of any private or governmental choice, the relevance of the economic efficiency of a choice to its justness or moral desirability (rights-considerations aside), and the relevance of the economic efficiency of an interpretation or application of the law to its correctness as a matter of law. The course will also criticize canonical writings that articulate or manifest conclusions on these matters that differ from the Lecturer's. Although several weeks of the course will be devoted to the definitional and relevance issues, the majority of the course will address the economically efficient way to predict or postdict the economic efficiency of a choice in an economy that inevitably contains large numbers of Pareto imperfections of all types and uses resources in a large number of ways. More specifically, the course will consider in detail the negative implications of The General Theory of Second Best for the way in which economists approach economic-efficiency analysis and develop and apply a so-called distortion-analysis approach to economic-efficiency analysis that the Lecturer believes responds defensibly to the interconnections whose importance Second-Best Theory highlights. No background in economics, moral philosophy, or jurisprudence will be presupposed, though students without such backgrounds will have to work harder in the sections of the course to which these fields are relevant. There will be a mid-term as well as a final examination.
Economic Efficiency Analysis
- WED, FRI 9:10 – 10:00 am TNH 3.127
- THU 12:40 – 1:30 pm TNH 3.127
Course Information
- Course ID:
- 392E
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course will examine the correct (useful) way to define the concept "the impact of a choice on economic efficiency," the economically-efficient approach to take to predicting or postdicting the economic efficiency of any private or governmental choice, the relevance of the economic efficiency of a choice to its justness or moral desirability (rights-considerations aside), and the relevance of the economic efficiency of an interpretation or application of the law to its correctness as a matter of law. The course will also criticize canonical writings that articulate or manifest conclusions on these matters that differ from the Lecturer's. Although several weeks of the course will be devoted to the definitional and relevance issues, the majority of the course will address the economically efficient way to predict or postdict the economic efficiency of a choice in an economy that inevitably contains large numbers of Pareto imperfections of all types and uses resources in a large number of ways. More specifically, the course will consider in detail the negative implications of The General Theory of Second Best for the way in which economists approach economic-efficiency analysis and develop and apply a so-called distortion-analysis approach to economic-efficiency analysis that the Lecturer believes responds defensibly to the interconnections whose importance Second-Best Theory highlights. No background in economics, moral philosophy, or jurisprudence will be presupposed, though students without such backgrounds will have to work harder in the sections of the course to which these fields are relevant. There will be a mid-term as well as a final examination.
Economic Efficiency Analysis
- MON, TUE, WED 10:35 – 11:25 am ONLINE
Course Information
- Course ID:
- 353L
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
This course will be taught entirely online via Zoom.
This course will examine the correct (useful) way to define the concept "the impact of a choice on economic efficiency," the economically-efficient approach to take to predicting or postdicting the economic efficiency of any private or governmental choice, the relevance of the economic efficiency of a choice to its justness or moral desirability (rights-considerations aside), and the relevance of the economic efficiency of an interpretation or application of the law to its correctness as a matter of law. The course will also criticize canonical writings that articulate or manifest conclusions on these matters that differ from the Lecturer's. Although several weeks of the course will be devoted to the definitional and relevance issues, the majority of the course will address the economically efficient way to predict or postdict the economic efficiency of a choice in an economy that inevitably contains large numbers of Pareto imperfections of all types and uses resources in a large number of ways. More specifically, the course will consider in detail the negative implications of The General Theory of Second Best for the way in which economists approach economic-efficiency analysis and develop and apply a so-called distortion-analysis approach to economic-efficiency analysis that the Lecturer believes responds defensibly to the interconnections whose importance Second-Best Theory highlights. No background in economics, moral philosophy, or jurisprudence will be presupposed, though students without such backgrounds will have to work harder in the sections of the course to which these fields are relevant. There will be a mid-term as well as a final examination.
Economics of Cybersecurity
- T. Canann
- MON, WED 9:30 – 11:00 am RRH 3.406
Course Information
- Course ID:
- 379M
- Cross-listed with:
- Management Information Systems
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
This is a Business School course, cross-listed with the Law School. Contact the Business School if you have questions about how the course will be taught.
This course examines the Economics of Cyber Security via the tools found in Game Theory. This course studies economic ideas (the study of scarce resources) to understand the behavioral consequences of policy changes within Cyberspace. We will also analyze policies to determine the extent to which they meet the social goal of efficiency.
Economics of Cyber Security is a very broad field with many researchers from diverse disciplines. The main topics covered in this course will be:
- Vulnerability Disclosure
- Incentive Problems
- Privacy
- Ransomware
- DDOS Attacks
- Cryptocurrencies
At the end of this class you as the student should be able to do the following:
- Understand basic concepts of information security.
- Demonstrate an understanding of basic economic modeling and economic thought.
- Clearly define an argument and, using economics, logically defend your argument.
- Read and analyze a journal argument for the way it’s written and its structure (intro, findings, etc.).
Elder Law
- TUE 3:55 – 5:45 pm TNH 3.126
Course Information
- Course ID:
- 296W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This class is designed to give students a basic understanding of elder law and its increasingly important role in our society. Students will learn how to manage legal issues and family dynamics around care of the elderly, understand the oversized role of financing care, and explore the interplay of elder law with estate planning and governmental benefits programs. Fundamental to the practice of elder law is understanding how to pay for care as well as spotting and addressing abuse of the elderly.
It will be helpful but not necessary to have taken Wills and Estates.
Textbook information:Mastering Elder Law, Ralph Brashier, available on Amazon (Second Edition)
Elder Law
- THU 2:30 – 4:20 pm JON 6.207
Course Information
- Course ID:
- 296W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This class is designed to give students a basic understanding of elder law and its increasingly important role in our society. Students will learn how to manage legal issues and family dynamics around care of the elderly, understand the oversized role of financing care, and explore the interplay of elder law with estate planning and governmental benefits programs. Fundamental to the practice of elder law is understanding how to pay for care as well as spotting and addressing abuse of the elderly.
It will be helpful but not necessary to have taken Wills and Estates.
Textbook information: Elder Law: Practice, Policy, and Problems by Nina Cohn from Aspen Publishing ISBN 978-1-4548-9098-0
Election Law
- MON, TUE 10:30 – 11:45 am TNH 3.140
Course Information
- Course ID:
- 396W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course explores the law governing politics and elections in the United States. We will examine a variety of topics, including: the Constitution and its protection of the right to vote, reapportionment, the Voting Rights Act, gerrymandering, the constitutional rights of political parties, campaign finance regulation, and election administration. We will also consider the relationship between these topics and partisanship. A serious interest in Constitutional Law is strongly recommended.
Electronic Discovery and Digital Evidence
- WED 2:30 – 5:10 pm TNH 3.125
Course Information
- Course ID:
- 386N
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This unique 3-hour course explores the hottest topics in litigation today: electronic evidence and digital discovery (including emerging roles for AI). Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, preserve, interpret, authenticate and challenge electronically stored information is a crucial litigation skill.
This course seeks to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will explore the roots of information technology, learn to "speak geek" see information with "new eyes" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. You will use real world software tools and emerge with an understanding of the nuts and bolts of information technology and discovery, No prior background in law, computing or technology is required to succeed.
Grading is based on six self-administered, timed closed-book quizzes via Canvas at roughly two week intervals and class participation. You must also submit written exercises on approximately a weekly basis. There is no midterm or final. Note: the course has been reconfigured for 2025 to scale back the workload and better accommodate competing demands on students' time.
If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.
Electronic Discovery and Digital Evidence
- WED 2:30 – 5:10 pm TNH 3.126
Course Information
- Course ID:
- 386N
- Cross-listed with:
- Other school
Registration Information
- 1L and upperclass elective
- Will use floating mean GPA if applicable
Description
This challenging 3-hour course covers the hottest topics in litigation today: electronic discovery and digital evidence. Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, preserve, interpret, authenticate and challenge electronically stored information is a crucial litigation skill. This course will seek to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will deeply explore information technology, learn to "speak geek" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. With an emphasis on understanding the nuts and bolts of information technology, the course teaches practical considerations, tips and tools as well as pivotal case law that has shaped this area of the law and the electronic discovery industry as a whole. No background in computing or technology is required to succeed. If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.
Evaluation is based on five self-administered, timed quizzes administered via Canvas at roughly two week intervals. There are also weekly written homework exercises and a conventional proctored final.
Electronic Discovery and Digital Evidence
- WED 3:45 – 6:30 pm TNH 2.124
Course Information
- Course ID:
- 386N
- Experiential learning credit:
- 3 hours
- Cross-listed with:
- Other school
Registration Information
- 1L and upperclass elective
- Will use floating mean GPA if applicable
Description
This challenging 3-hour course covers the hottest topics in litigation today: electronic discovery and digital evidence. Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, preserve, interpret, authenticate and challenge electronically stored information is a crucial litigation skill. This course will seek to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will deeply explore information technology, learn to "speak geek" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. With an emphasis on understanding the nuts and bolts of information technology, the course teaches practical considerations, tips and tools as well as pivotal case law that has shaped this area of the law and the electronic discovery industry as a whole. No background in computing or technology is required to succeed. If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.
Evaluation is based on five self-administered, timed quizzes administered via Canvas at roughly two week intervals. There are also weekly written homework exercises and a conventional proctored final.
Electronic Discovery and Digital Evidence
- WED 3:45 – 6:30 pm TNH 2.124
Course Information
- Course ID:
- 386N
- Experiential learning credit:
- 3 hours
- Cross-listed with:
- Other school
Registration Information
- 1L and upperclass elective
- Will use floating mean GPA if applicable
Description
Same as LAW 335E, Electronic Discovery and Digital Evidence.
This challenging 3-hour course covers the hottest topics in litigation today: electronic discovery and digital evidence. Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, preserve, interpret, authenticate and challenge electronically stored information is a crucial litigation skill. This course will seek to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will deeply explore information technology, learn to "speak geek" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. With an emphasis on understanding the nuts and bolts of information technology, the course teaches practical considerations, tips and tools as well as pivotal case law that has shaped this area of the law and the electronic discovery industry as a whole. No background in computing or technology is required to succeed. If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.
Electronic Discovery and Digital Evidence
- WED 2:40 – 5:30 pm TNH 2.138
Course Information
- Course ID:
- 335E
- Experiential learning credit:
- 3 hours
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course will be taught in person but with the option of remote participation via Zoom. Please note that this course might become online-only in the event that actual in-person attendance during the semester consistently falls below a threshold to be determined in the exercise of reasonable discretion by the instructor and the Student Affairs Office.
This 3-hour course covers the hottest and most challenging topic in litigation today: electronic discovery and digital evidence. Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, discover, interpret, authenticate and challenge electronically stored information is a crucial litigation skill. This course will seek to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will explore information technology, learn to "speak geek" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. With an emphasis on understanding the nuts and bolts of information technology, the course teaches practical considerations, tips and tools as well as pivotal case law that has shaped this area of the law and the electronic discovery industry as a whole. No background in computing or technology is required to succeed. If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.
Emerging Issues in Gender Identity, Sexuality, and the Law
Course Information
- Course ID:
- 296V
Registration Information
- Upperclass-only elective
Description
This course will explore historical and emerging issues in gender identity, sexuality, and the law. We will study and discuss the constitutional, statutory, and common law that impacts the lived experience of LGBTQ+ people and people living at the intersections of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants. We will also examine theoretical, philosophical, and practical elements of advocacy strategies employed by and/or on behalf of LGBTQ+ communities and discuss how civil rights organizations are using impact litigation, public policy, and education to secure rights and equality for LGBTQ+ people. As part of the final evaluation, students will be required to participate in a mock litigation exercise that will also include a final paper.
Emerging Issues in Gender Identity, Sexuality, and the Law
- THU 3:55 – 5:45 pm JON 6.207
- SAT 9:00 am – 12:30 pm TNH 3.125
Course Information
- Course ID:
- 296W
- Short course:
- 8/29/24 — 11/14/24
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This class meets on Thursdays from August 29 - November 14. It will only meet on one Saturday, October 26.
This class may not be taken if you have already taken LAW 196V, Emerging Issues in Sexuality, Gender Identity and the Law, in Spring 2024.
This course will explore historical and emerging issues in gender identity, sexuality, and the law. We will study and discuss the constitutional, statutory, and common law that impacts the lived experience of LGBTQ+ people and people living at the intersections of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants. We will also examine theoretical, philosophical, and practical elements of advocacy strategies employed by and/or on behalf of LGBTQ+ communities and discuss how civil rights organizations are using impact litigation, public policy, and education to secure rights and equality for LGBTQ+ people. As part of the final evaluation, students will be required to participate in a mock litigation exercise that will also include a final paper.
Emerging Issues in Sexuality, Gender Identity and the Law
- FRI 1:05 – 4:15 pm
- SAT 9:00 am – 12:00 pm
Course Information
- Course ID:
- 196V
- Short course:
- 8/25/25 — 11/8/25
Registration Information
- Upperclass-only elective
Description
This course will have required readings prior to the first in-class meeting. The only days this course will meet in person are: September 26-27 and November 7-8.
This course explores emerging issues in sexuality, gender identity, and the law. We will study and discuss the constitutional, statutory and common law that impacts the lived experience of LGBTQ+ people and people living at the intersection of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants. We will also discuss how civil rights organizations are using impact litigation, public policy and education to ensure equality and access to equal opportunities for LGBTQ+ people in society. The course will conclude with a mock litigation exercise.
Emerging Issues in Sexuality, Gender Identity and the Law
- FRI 1:05 – 4:15 pm TNH 3.126
- SAT 9:00 am – 12:00 pm TNH 3.126
Course Information
- Course ID:
- 196V
- Short course:
- 1/13/25 — 2/22/25
Registration Information
- Upperclass-only elective
Description
Co-taught by Maddy Dwertman and Shelly Skeen. This course will have required readings prior to the first in-class meeting. The only days this course will meet in person are: January 17, January 18, February 21, and February 22.
This course explores emerging issues in sexuality, gender identity, and the law. We will study and discuss the constitutional, statutory and common law that impacts the lived experience of LGBTQ+ people and people living at the intersection of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants. We will also discuss how civil rights organizations are using impact litigation, public policy and education to ensure equality and access to equal opportunities for LGBTQ+ people in society. The course will conclude with a mock litigation exercise.
Emerging Issues in Sexuality, Gender Identity and the Law
- FRI 1:05 – 4:15 pm JON 5.206
- SAT 9:00 am – 12:00 pm JON 5.206
Course Information
- Course ID:
- 196V
- Short course:
- 1/16/24 — 2/17/24
Registration Information
- Upperclass-only elective
Description
Co-taught by Maddy Dwertman and Shelly Skeen. This course will have required readings prior to the first in-class meeting. The only days this course will meet in person are: Friday, February 9, Saturday, February 10, Friday, February 16, and Saturday, February 17.
This course explores emerging issues in sexuality, gender identity, and the law. We will study and discuss the constitutional, statutory and common law that impacts the lived experience of LGBTQ+ people and people living at the intersection of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants. We will also discuss how civil rights organizations are using impact litigation, public policy and education to ensure equality and access to equal opportunities for LGBTQ+ people in society. The course will conclude with a mock litigation exercise.
Emerging Skills: Litigators
- WED 9:50 – 11:40 am TNH 3.140
Course Information
- Course ID:
- 187Q
- Experiential learning credit:
- 1 hour
- Short course:
- 3/5/25 — 4/23/25
Registration Information
- Upperclass-only elective
Description
Two top litigators teach practical skills and tips on everything from social media to managing massive discovery. If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.
Three key components of the class are;
- Cover various persuasive techniques used in contested matters, with an emphasis on real-world examples of effective advocacy;
- Using factual scenarios from actual cases, we will discuss the use of demonstratives and other methods of visual persuasion in contested matters;
- Each student will learn how to craft effective arguments and will be required to present them to the class as a whole.
Emerging Skills: Litigators
- THU 2:30 – 4:20 pm TNH 3.140
Course Information
- Course ID:
- 187Q
- Experiential learning credit:
- 1 hour
- Short course:
- 3/7/24 — 4/25/24
Registration Information
- Upperclass-only elective
Description
Two top litigators teach practical skills and tips on everything from social media to managing massive discovery. If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.
Emerging Skills: Litigators
- THU 10:30 am – 12:20 pm TNH 2.123
Course Information
- Course ID:
- 187Q
- Experiential learning credit:
- 1 hour
- Short course:
- 3/2/23 — 4/20/23
Registration Information
- Upperclass-only elective
Description
Two top litigators teach practical skills and tips on everything from social media to managing massive discovery. If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.
Emerging Skills: Litigators
- THU 10:30 am – 12:27 pm TNH 3.129
Course Information
- Course ID:
- 187Q
- Experiential learning credit:
- 1 hour
- Short course:
- 3/24/22 — 4/28/22
Registration Information
- Upperclass-only elective
Description
Same as LAW 179P, Topic: Emerging Skills: Litigators.
Two top litigators teach practical skills and tips on everything from social media to managing massive discovery. If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.
Emerging Skills: Litigators
- THU 4:15 – 6:03 pm TNH 2.137
Course Information
- Course ID:
- 179P
- Experiential learning credit:
- 1 hour
- Short course:
- 3/11/21 — 4/29/21
Registration Information
- Upperclass-only elective
Description
This course will be taught in person but with the option of remote participation via Zoom. Please note that this course might become online-only in the event that actual in-person attendance during the semester consistently falls below a threshold to be determined in the exercise of reasonable discretion by the instructor and the Student Affairs Office.
Two top litigators teach practical skills and tips on everything from social media to managing massive discovery. If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.
Eminent Domain & Private Property
- MON 3:55 – 5:45 pm TNH 3.125
Course Information
- Course ID:
- 296W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
In this advanced property-law class, you will learn about eminent domain—the power of the government (and those with its delegated authority) to take private property and convert it into public use in exchange for paying just compensation to the property owner. Most lawyers get just one or two days of class about eminent domain in law school. This course aims to fix that shortcoming.
The subject is fascinating as a matter of theory, as it deals with the power of a tribe (the community) to take property away from its members. And eminent domain is becoming more and more important in practice. Take Texas, for example. The Lone Star State is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top 10 cities in the total number of new residents. The need for infrastructure has skyrocketed, both to accommodate the explosive population growth and to support Texas's ever-expanding oil-and-gas industry. In light of these developments, we as a community need to work out how to deal with growth while still honoring constitutional values and individual rights.
Class discussions and reading assignments will explore whether the current eminent domain framework in the U.S. properly protects property owners and the public. The subject is generally divided into two interrelated parts: (1) the origins of eminent domain, public use, and public necessity and (2) “just compensation," including evidentiary and procedural issues that arise in disputes about compensation. Throughout, the class will explore the relationship between theory and practice.