Course Schedule

In this Course, we will explore the concept of "mercy," paritcularly insofar as it refers to forgiveness and reduced punishment effectuated by law. We will cover moral theories of mercy, including the basic tenstion between mercy and retributive justice.  We will also study mercy-giving institutions in American law, including prosecutors, judges, juries, and various clemency arrangements. Among other things, there will be units on mass incarceration, the death penalty, and youth.   

For reasons both obvious and less so, the past decade has seen a significant upsurge in litigation, legislation, and scholarship concerning the relationship between the civilian and military federal courts, and the extent to which the Constitution limits both the personal and subject-matter jurisdiction of the latter. Most noteworthy, of course, are the military tribunals for Guantánamo detainees created by President Bush (and later reincarnated by Congress through the Military Commissions Act of 2006). Although the Supreme Court’s decisions in Hamdan v. Rumsfeld and Boumediene v. Bush have had a lot to say about the constitutional limits of some of these measures, many questions (especially vis-à-vis the jurisdiction of military commissions under the MCA) remain unanswered as of today.

Moreover, the same period had also witnessed the enactment of the Military Extraterritorial Jurisdiction Act (MEJA), the expansion of the Uniform Code of Military Justice (UCMJ) to authorize the trial by court-martial of certain civilian contractors, and additional attempts by the political branches to constrain the ability of both the regular military courts and the Article III civilian courts to provide collateral review of court-martial convictions. Although not the subject of as much public debate, these measures have similarly implicated fundamental questions about the scope of the military justice system—questions that have not been asked, let alone answered, in over a half-century. Thus, our focus this semester will be on military justice in general, and on a deeper dive into the jurisdiction of both courts-martial and military commissions, for each of which we will cover the limits on their personal jurisdiction, their subject-matter jurisdiction, and the extent to which the Constitution requires or constrains collateral and/or appellate review of their decisions in Article III courts.

More than a timely study of current events, though, the relationship between the Constitution and military jurisdiction may have a lot to teach us both about the more general relationship between civilian authority and the military and about the Constitution’s role in prescribing the interactions between Article III and non-Article III courts. Thus, although our specific focus in this seminar is on the limits the Constitution imposes upon military jurisdiction, that question is perhaps best understood as a proxy for far more sweeping examinations of how—if at all—the Constitution circumscribes the power of the military in general and of non-Article III courts in particular.

How are and should corporations be run and regulated, and how do and should modern financial markets and products function? This seminar tackles timeless and timely questions.  Here are some possible examples.  What are the legal and public policy considerations in determining what a corporation’s goals should be—and what do the corporations actually do?  In this connection, what does the moniker “ESG” mean and what are the pluses and minuses of considering “ESG” factors for shareholders, other stakeholders, and society?  What should a prospective lawyer (or judge, legislator, or regulator) who was a college history major know about matters such as stock market behavior, efficient markets, portfolio diversification, derivatives, and new financial products?  How do such matters relate to corporate goals, corporate governance and the role of institutional investors, bank and securities regulation, world financial stability--and your personal finances?  No business or finance background required!  Both students with and without such backgrounds have presented and written fascinating analytical papers on a very wide variety of topics in this seminar.  It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).

The seminar focuses on corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse.  We will deal not only with issues relating to individual firms and financial products, but also those relating to financial markets overall and society at large.  In the past few years, there have been many interesting developments both in the real world and on the academic side.  Core principles relating to the purpose of the corporation (and other aspects of corporate governance), non-traditional investment strategies, and financial innovations can intersect in significant ways.  Students with no business or finance background can find many topics to write about in a thoughtful way.  It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).

The seminar focuses on corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse.  We will deal not only with issues relating to individual firms and financial products, but also those relating to financial markets overall and society at large.  Partly due to the impact of Covid-19 and a change in Administrations, there are many interesting new developments both in the real world and on the academic side.  Core principles relating to the purpose of the corporation (and other aspects of corporate governance), non-traditional investment strategies, and financial innovations can intersect in significant ways.  Students with no business or finance background can find many topics to write about in a thoughtful way.  It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).

Corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse involve a wide range of issues relating not only to individual business entities, but also to financial markets overall and society at large. This seminar will explore some of these issues. (No prior business or financial background is required for the seminar.) For example, due partly to the current Covid-19 crisis and the 2008 global financial crisis, the relationships among business entities, investors, and society at large are being reconsidered. As to these relationships, we look at questions such as what it truly means to run a corporation in the interests of shareholders, whether corporations should consider a broader range of interests (such as the welfare of employees and host communities), and how certain new investment products may affect the stability of the financial system. Real world and academic financial developments are important to understanding many of these matters. Such developments have also animated changes in the nature of shareholders and creditors and in the breadth of financial strategies they can use. These changes affect longstanding federal disclosure, state corporate law, and market-based governance mechanisms as well as established financial regulatory approaches. Students with no business or finance background can find many topics to write about in a thoughtful way. It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).

This seminar will address risks associated with petroleum and energy resource development in the United States and in other countries. The study of petroleum law offers students a unique opportunity to study law in the context of a specific industry, energy, and a subject matter that includes three of the largest traded and most strategically important commodities: oil, natural gas, including LNG, and natural gas liquids. The initial readings and the first several seminar sessions will examine basic principles of both domestic and international petroleum law, some of the more important contracts used in the petroleum sector, financial matters, and environmental issues. The primary object is for each student to write a 25-35 page paper with over 120 footnotes and with over 30 sources on an approved topic related to petroleum or other energy resources. Students must select an approved topic within the first two weeks, and thereafter prepare an outline, a first draft, and a final draft. The final draft is due on the last day of final examinations. Suggested research topics will be provided, but students will be allowed to select their own research topics, subject to instructor approval. Students will prepare and present a 20-minute presentation for class. Student presentations will occur during the last several weeks of the course. The paper will count 80%, the presentation will count 10%, and class participation (including attendance) will count 10%. The class is reserved to 10 JD students and 5 LLM students. There are no prerequisites for this seminar. Readings will be somewhat individualized for students: students who have a copy of Anderson, Weaver et al., International Petroleum Law and Transactions (RMMLF [FNREL] 2020), will be assigned readings from that book. Students who have a copy of Lowe, Anderson et al. Cases and Materials on Oil and Gas Law (West Academic 8th 2022), will be assigned readings from that book. Students who have neither book should purchase one of these two books, as they may choose.

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

This course will be taught entirely online via Zoom. 

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

This course examines the role of two important actors in our criminal justice system- police and prosecutors.  We will explore the discretion that both these actors have, as well as the legal and professional rules that govern their behavior.  We will discuss the advantages and disadvantages of these rules and critique the adequacy of these rules to hold these actors accountable to the public. This course exposes students to the underlying rationale for many of the current proposals for criminal justice reform related to the use of independent prosecutors, use of force standards for police, qualified immunity, racial profiling, municipal liabilty, civil suit, criminal prosecutions, the use of technology and law enforcement, etc.

The learning objectives for the course are below: 

• Articulate the role and responsibilities of prosecutors and police officers in the United States;
• Identify various models of policing and forms of prosecutorial and police misconduct;
• Identify legal claims that victims of such misconduct might bring against prosecutors and police officers and anticipate and evaluate defenses to the aforementioned claims.
• Identify the merits and disadvantages of discretion in the criminal justice system;
• Evaluate current mechanisms used to constrain discretion in the criminal justice system;
• Think critically about various models used to hold prosecutors and police officers accountable for their conduct.
• Apply the aforementioned principles to recent examples of alleged prosecutorial and police misconduct and develop recommendations for reform.

The paper is 75% and class participation is 25% (class participation is based on an-class presentation and weekly journal entries) 

This course will be taught entirely online via Zoom.

This course examines the role of two important actors in our criminal justice system- police and prosecutors.  We will explore the discretion that both these actors have, as well as the legal and professional rules that govern their behavior.  We will discuss the advantages and disadvantages of these rules and critique the adequacy of these rules to hold these actors accountable to the public. This course exposes students to the underlying rationale for many of the current proposals for criminal justice reform related to the use of independent prosecutors, use of force standards for police, qualified immunity, racial profiling, municipal liabilty, civil suit, criminal prosecutions, the use of technology and law enforcement, etc.

The learning objectives for the course are below: 

• Articulate the role and responsibilities of prosecutors and police officers in the United States;
• Identify various models of policing and forms of prosecutorial and police misconduct;
• Identify legal claims that victims of such misconduct might bring against prosecutors and police officers and anticipate and evaluate defenses to the aforementioned claims.
• Identify the merits and disadvantages of discretion in the criminal justice system;
• Evaluate current mechanisms used to constrain discretion in the criminal justice system;
• Think critically about various models used to hold prosecutors and police officers accountable for their conduct.
• Apply the aforementioned principles to recent examples of alleged prosecutorial and police misconduct and develop recommendations for reform.

The paper is 75% and class participation is 25% (class participation is based on an-class presentation and weekly journal entries) 

Enforcing contracts we enter into is fair, we are told, because we have consented to their terms. But what is consent? Is consent possible under circumstances of extreme ignorance, including ignorance of facts and relevant law? And what considerations ought to determine the scope of our consensual commitments, even when freely made? Can reflection on these abstract questions help us understand the law of contract? Can it help judges do their jobs better as interpreters? And do judges presuppose, knowingly or not, controversial notions about the nature and value of consent when applying contract law's doctrines or interpreting contracts? These and related questions will be the focus of our seminar, which includes reading recent philosophical and empirical work on consent, as well as recent case law that presupposes or engages with these thorny issues.

Enforcing contracts we enter into is fair, we are told, because we have consented to their terms. But what is consent? Is consent possible under circumstances of extreme ignorance, including ignorance of facts and relevant law? And what considerations ought to determine the scope of our consensual commitments, even when freely made? Can reflection on these abstract questions help us understand the law of contract? Can it help judges do their jobs better as interpreters? And do judges presuppose, knowingly or not, highly controversial notions about the nature and value of consent when applying contract law's doctrines or interpreting contracts? These and related questions will be the focus of our seminar, which includes reading recent philosophical and empirical work on consent, as well as recent case law that presupposes or engages with these thorny issues.

Most first year contracts classes emphasize free, uncoerced agreements chosen by parties of roughly comparable bargaining power. But most contracts that bind individuals do not reflect this reality; most involve non-negotiable terms contained in consumer or employment agreements, under conditions that reflect extreme inequality of bargaining power. This course will evaluate doctrines of unconscionability, coercion, and/or duress and their limits as tools for mitigaing inequality bargaining power, while paying special attention to philosophical defenses and criticisms of these doctrines.  

This seminar will be a study of philosophical questions concerning punishment and responsibility in the criminal law. These questions include the nature of punishment, its justification, proportionality,  the compatibility of criminal responsibility with a scientific world view, and the compatibility of mens rea as a condition of criminality with deterrence as an aim of punishment.

This seminar will be a study of philosophical questions concerning punishment and responsibility in the criminal law. These questions include the nature of punishment, its justification, proportionality,  the compatibility of criminal responsibility with a scientific world view, and the compatibility of mens rea as a condition of criminality with deterrence as an aim of punishment.

In this seminar we will explore the various mechanisms through which the public can regulate and shape the conduct of local police. We will consider the role of both federal and state constitutional law, as well as litigation more broadly in addressing police misconduct (including the role of attorneys and plaintiffs, immunity doctrines, and financial incentives that shape municipal decision-making). We also will consider the role of other actors, including state legislators and state oversight agencies (e.g. licensing boards and state attorneys’ general); local oversight bodies; municipal insurers; and the federal government. Readings will include scholarly articles, judicial opinions, investigative reports, and proposed and enacted policies and legislation. Students are expected to participate actively in each week's discussion, to submit periodic reading reflections/questions, and to complete original research which may take the form of either a traditional seminar paper or a policy brief.

This is a writing seminar designed to explore various mechanisms by which law enforcement actors - in particular police and prosecutors - are regulated. The readings will present the opportunity to learn about and critically assess judicial, bureaucratic, internal, and civilian regulatory and oversight strategies, including but not limited to constitutional doctrine (such as the Fourth Amendment limits on search and seizure), criminal justice oversight agencies (such as the Texas Forensic Science Commission and the newly created New York Prosecutorial Misconduct Commission), policies and procedures governing police departments and prosecutors offices, and civilian police oversight (such as Austin's Office of the Police Monitor).  Readings will include scholarly articles, judicial opinions, investigative reports, and proposed and enacted policies and legislation. In addition to discussion of assigned reading, class meetings will also include the opportunity to meet and question several guest speakers with direct experience in a variety of aspects of criminal justice oversight.  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.  

The seminar will be a study of philosophical treatments, over the last fifty years, of the ideal of political equality in a liberal democracy.  The starting points of the study will be the treatments of the ideal in John Rawls’s A Theory of Justice and Ronald Dworkin’s seminal articles “What Is Equality? Parts 1 and 2”.  These treatments, especially Dworkin’s, focus on equality in the distribution of the goods people need to live well.  Subsequent treatments, in some cases growing out of criticism of ideas originating in Dworkin’s work (and often lumped under the moniker “luck egalitarianism”), have focused on equal standing in one’s community as distinct from equal opportunity to acquire the goods people need to live well.  A central question of the seminar’s study will be how to understand this shift in focus and its implications for the theory of justice in a liberal democracy and to what extent it represents changes in assumptions about the existence of structural inequalities in civil society and about the nature and degree of social mobility in a liberal democracy.  After examining the views of political equality that focused on equality in the distribution of goods needed to live well, the seminar will examine the work of philosophers that contributed or responded to the shift in focus, including that of Iris Marion Young, Elizabeth Anderson, and Tommie Shelby.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.