Course Schedule

REGULATION OF LANDS AND BUILDINGS:

USING OLD TOOLS TO ADDRESS THE CHALLENGES OF NEW CLIMATE CHANGE POLICY

This will be a course on land use regulation which will include platting, zoning, building permits, and other laws (mostly federal laws aimed at other than land use policy goals) as subjects. The course will include a significant section on the development process so that students might better understand the application of laws and policies to creating or renovating the built environment. This year, we will look at climate change policies at the governmental and private capital markets levels, and we will look also at the subject of if and how all the policy goals can be accomplished in a way that allows for affordability in the residential parts of the built environment. No textbook is used. The instructor provides the materials in pdf form. 

In this 1 credit, seminar-styled class, we will explore the various legal approaches used to hold network industries accountable for providing public services, such as energy, telecommunications, and drinking water services. Some of these service providers are government-owned, and some are private companies (including public utilities). We tend to think of many of them as providers of essential or critically important services. After discussing some of the conceptual and theoretical writings on institutional challenges relating to the regulation of these powerful actors, we will explore a number of different areas of regulation, including the regulatory oversight of drinking water supplies, chemical manufacture, electric utilities, oil and gas, telecommunications, and e-commerce companies like Amazon.  The structure of the seminar and readings will be established by the professor, but the fifty-minute hourly discussions will be led by student teams that rotate on a weekly basis.  The final grade will be based on the quality of the student’s participation throughout the semester; the quality of the specific classes led by the student; five short blog posts on the weekly readings; and a ten-page paper (double-spaced). 

In this 1 credit, seminar-styled class, we will explore the various legal approaches used to hold network industries accountable for providing public services, such as energy, telecommunications, and drinking water services. Some of these service providers are government-owned, and some are private companies (including public utilities). We tend to think of many of them as providers of essential or critically important services. After discussing some of the conceptual and theoretical writings on institutional challenges relating to the regulation of these powerful actors, we will explore a number of different areas of regulation, including the regulatory oversight of drinking water supplies, chemical manufacture, electric utilities, oil and gas, telecommunications, and e-commerce companies like Amazon.  The structure of the seminar and readings will be established by the professor, but the fifty-minute hourly discussions will be led by student teams that rotate on a weekly basis.  The final grade will be based on the quality of the student’s participation throughout the semester; the quality of the specific classes led by the student; five short blog posts on the weekly readings; and a ten-page paper (double-spaced). 

This is an interesting time to study the law of Religious Liberty.  The Supreme Court has heard multiple cases and issued a number of decisions in recent years construing the Religion Clauses of the First Amendment.  Studying these developments is helpful not just to understanding this area of constitutional law, but also to examining the Supreme Court as an institution.

This class is an introduction to the law of Religious Liberty.  It will also present an opportunity to develop appellate advocacy skills.  Students will simulate oral arguments before the Supreme Court in significant religious liberty controversies, by performing in the role of both advocates and justices.

This course is open to students who have already taken a course in Constitutional Law.  No other prerequisite is required.  We will meet roughly every other week for two hours at a time.  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on the quality of in-class participation, both as advocates and as justices.  Students will have the chance to learn the law of Religious Liberty from a seasoned practitioner, and to practice oral advocacy before a bench of your fellow students, as well as a federal circuit judge.

Each week, two to four students will be assigned a Supreme Court case to argue, before a bench comprised of fellow students who will serve as Justices.  After each oral argument, we will discuss the issues presented in the case and raised during the argument.

This is an interesting time to study the law of Religious Liberty.  The Supreme Court has heard multiple cases and issued a number of decisions in recent years construing the Religion Clauses of the First Amendment.  Studying these developments is helpful not just to understanding this area of constitutional law, but also to examining the Supreme Court as an institution.

This class is an introduction to the law of Religious Liberty.  It will also present an opportunity to develop appellate advocacy skills.  Students will simulate oral arguments before the Supreme Court in significant religious liberty controversies, by performing in the role of both advocates and justices.

This course is open to students who have already taken a course in Constitutional Law.  No other prerequisite is required.  We will meet roughly every other week for two hours at a time.  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on the quality of in-class participation, both as advocates and as justices.  Students will have the chance to learn the law of Religious Liberty from a seasoned practitioner, and to practice oral advocacy before a bench of your fellow students, as well as a federal circuit judge.

Each week, two to four students will be assigned a Supreme Court case to argue, before a bench comprised of fellow students who will serve as Justices.  After each oral argument, we will discuss the issues presented in the case and raised during the argument.

This is an exciting time to study the law of Religious Liberty.  The Supreme Court in recent years has taken multiple cases to clarify the scope of the Religion Clauses of the First Amendment, and there is no indication that this trend will stop.  Regardless of one’s underlying perspective or position, studying Religious Liberty is a way to understand not just that area of constitutional law, but also to examine the Supreme Court as an institution.

This class is an introduction to the law of Religious Liberty.  It will also present an opportunity to develop appellate advocacy skills.  Students will simulate oral arguments before the Supreme Court in significant religious liberty controversies, by performing in the role of advocates and justices.

This is a course open to students who have already taken a Constitutional Law class.  No other prerequisite is required.  We plan on meeting roughly every other week for two hours at a time.  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on (1) participation, including reliable attendance, and (2) the final exam.

This is an exciting time to study the law of Religious Liberty.  The Supreme Court in recent years has taken multiple cases to clarify the scope of the Religion Clauses of the First Amendment, and there is no indication that this trend will stop.  Regardless of one’s underlying perspective or position, studying Religious Liberty is a way to understand not just that area of constitutional law, but also to examine the Supreme Court as an institution and to trace the development of an important body of law alongside developments in American and world history.

This class is an introduction to the law of Religious Liberty, and accordingly will begin with the historical and jurisprudential foundations of the First Amendment's Free Exercise Clause.  We will then turn to the development of the doctrine in the United States, examining how and asking why the Supreme Court's analysis has evolved from beginnings of its jurisprudence until today.  We will pause to consider in depth how Employment Division v. Smith has been applied in the decades since the Supreme Court decided it.  We will also discuss the intersection of the Free Exercise Clause, the Establishment Clause, the Free Speech Clause, and the Free Association Clause.  Our course will conclude with analysis of the cutting-edge issues being litigated in the courts, and in particular in the Supreme Court, and we will provide some examples where students can dig more deeply into a record to develop the best arguments on both sides of actual cases.  

This is a course open to students who have already taken a Constitutional Law class.  No other prerequisite is required.  We plan on meet roughly every other week for two hours at a time.  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on (1) participation, including reliable attendance, and (2) the student's choice of a short exam or a short paper.

This is an exciting time to study the law of Religious Liberty.  The Supreme Court in recent years has taken multiple cases to clarify the scope of the Religion Clauses of the First Amendment, and there is no indication that this trend will stop.  Regardless of one’s underlying perspective or position, studying Religious Liberty is a way to understand not just that area of constitutional law, but also to examine the Supreme Court as an institution and to trace the development of an important body of law alongside developments in American and world history.

This class is an introduction to the law of Religious Liberty, and accordingly will begin with the historical and jurisprudential foundations of the First Amendment's Free Exercise Clause.  We will then turn to the development of the doctrine in the United States, examining how and asking why the Supreme Court's analysis has evolved from beginnings of its jurisprudence until today.  We will pause to consider in depth how Employment Division v. Smith has been applied in the decades since the Supreme Court decided it.  We will also discuss the intersection of the Free Exercise Clause, the Establishment Clause, the Free Speech Clause, and the Free Association Clause.  Our course will conclude with analysis of the cutting-edge issues being litigated in the courts, and in particular in the Supreme Court, and we will provide some examples where students can dig more deeply into a record to develop the best arguments on both sides of actual cases.  

This is a two-credit course open to students who have already taken a Constitutional Law class.  No other prerequisite is required.  In order to avoid the need for make-up classes, we plan to meet for about three hours at a time, but not meet one out of three weeks (not necessarily every third week, however).  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on (1) participation, including reliable attendance, and (2) the student's choice of a short exam or a short paper.

This survey course considers what happens in litigation after liability is determined. This is not designed to be a bar review preparatory course. Instead, we will discuss how courts weigh the available options for relief for claimants who allege that they have been wronged. Much of this course builds on what you learned about damages in Torts and Contracts. Other remedies will be less familiar. We will survey the principal remedies prevailing parties are entitled to receive. Those remedies are damages (compensatory and punitive); injunctions (preventive, reparative and structural); declaratory remedies; restitution; and the ways prevailing parties can enforce their judgments. We will constantly ask what a plaintiff can get, why plaintiffs can get a particular remedy, why they can't get more, and which remedy is best suited for particular plaintiffs. Intermittently, we will ask whether theories of corrective justice or economic efficiency better explain the remedies available to plaintiffs.

This course will be taught entirely online via Zoom.

This course is about reproductive rights as they are currently defined by U.S. law. We will consider abortion, voluntary and forced contraception & sterilization, minors’ rights and education, public funding, pregnancy, technology, assisted reproduction, and surrogacy, the rights of underrepresented groups, and international law. The issues will be discussed from the perspective of social justice and include, human rights, and civil liberties as they intersect with reproductive justice, racial and environmental justice; LGBTQ liberation; freedoms of speech, religion, and association; freedom from illegal search and seizure or cruel and unusual punishment; rights to privacy, bodily autonomy, and equality; and birthing, parenting, and family formation rights.

"Restitution" means the law of unjust enrichment. As a basis of liability, it is as fundamental as contract or tort. "You are liable to me, not because you promised to do anything, and not because you necessarily caused me any injury, but because (if the law did nothing) you would be unjustly enriched at my expense." Claims on this basis arise across the whole range of private law, with some public-law pockets as well (such as tax). This gives restitution as much variety as any other subject and makes it an essential part—frequently overlooked—of the analysis of many legal problems. Course materials will consist of the casebook recently edited by Dean Farnsworth and Professor Kull.  (Anyone who is curious is welcome to come by Professor Kull's office and have a look.)

"Restitution" means the law of unjust enrichment. As a basis of liability, it is as fundamental as contract or tort. "You are liable to me, not because you promised to do anything, and not because you necessarily caused me any injury, but because (if the law did nothing) you would be unjustly enriched at my expense." Claims on this basis arise across the whole range of private law. This gives restitution as much variety as any other subject and makes it an essential part—frequently overlooked—of the analysis of many legal problems. Course materials will consist of the casebook edited by Dean Farnsworth and Professor Kull.  (Anyone who is curious is welcome to come by Professor Kull's office and have a look.)

Restorative justice is a social movement and set of practices that aims to redirect society’s retributive response to crime. Crime, in the context of restorative justice, is not considered just an offense against the state but rather is viewed as a wrong against another person and indicative of a broken relationship between the offender, victim, and community. Accordingly, restorative justice seeks to elevate the role of crime victims and community members; hold offenders directly accountable to the people they have violated; and restore, to the extent possible, the emotional and material losses of victims by providing a range of opportunities for dialogue, negotiation, and problem solving. This course provides an introduction and exposure to the principles of restorative justice and its application to the treatment of human suffering from crime and related social problems. It explores the needs and roles for key stakeholders (victims, offenders, communities, justice systems), examines the values and assumptions of the movement, including its spiritual and religious roots, and introduces students to some of the current programs at community, state and international levels. The framework of the course is, in part, based on social work values and the ethical decision-making process. Besides discussing its policy implications, students will evaluate the potential of restorative justice to address social problems marked by human conflict, oppression, power and harm, e.g. partner abuse, hate crimes. Finally, students will examine the empirical evidence for restorative justice, identify critical issues including gaps in theory or practice, and critique its integrity and overall direction.

Restorative justice is a social movement and set of practices that aims to redirect society’s retributive response to crime. Crime, in the context of restorative justice, is not considered just an offense against the state but rather is viewed as a wrong against another person and indicative of a broken relationship between the offender, victim, and community. Accordingly, restorative justice seeks to elevate the role of crime victims and community members; hold offenders directly accountable to the people they have violated; and restore, to the extent possible, the emotional and material losses of victims by providing a range of opportunities for dialogue, negotiation, and problem solving. This course provides an introduction and exposure to the principles of restorative justice and its application to the treatment of human suffering from crime and related social problems. It explores the needs and roles for key stakeholders (victims, offenders, communities, justice systems), examines the values and assumptions of the movement, including its spiritual and religious roots, and introduces students to some of the current programs at community, state and international levels. The framework of the course is, in part, based on social work values and the ethical decision-making process. Besides discussing its policy implications, students will evaluate the potential of restorative justice to address social problems marked by human conflict, oppression, power and harm, e.g. partner abuse, hate crimes. Finally, students will examine the empirical evidence for restorative justice, identify critical issues including gaps in theory or practice, and critique its integrity and overall direction.

Restorative justice is a social movement and set of practices that aims to redirect society’s retributive response to crime. Crime, in the context of restorative justice, is not considered just an offense against the state but rather is viewed as a wrong against another person and indicative of a broken relationship between the offender, victim, and community. Accordingly, restorative justice seeks to elevate the role of crime victims and community members; hold offenders directly accountable to the people they have violated; and restore, to the extent possible, the emotional and material losses of victims by providing a range of opportunities for dialogue, negotiation, and problem solving. This course provides an introduction and exposure to the principles of restorative justice and its application to the treatment of human suffering from crime and related social problems. It explores the needs and roles for key stakeholders (victims, offenders, communities, justice systems), examines the values and assumptions of the movement, including its spiritual and religious roots, and introduces students to some of the current programs at community, state and international levels. The framework of the course is, in part, based on social work values and the ethical decision-making process. Besides discussing its policy implications, students will evaluate the potential of restorative justice to address social problems marked by human conflict, oppression, power and harm, e.g. partner abuse, hate crimes. Finally, students will examine the empirical evidence for restorative justice, identify critical issues including gaps in theory or practice, and critique its integrity and overall direction.

Have you wondered how it is determined that some crypto-currency activities violate the securities laws?  Or what might make trading in meme stocks subject to enforcement action?  The objective of this course is to illuminate such questions by giving students a practical appreciation of both the process through which securities law enforcement decisions are made, and the way in which the reach of the securities laws has developed as a consequence.  We will cover two broad areas.  First, the mechanics of the securities enforcement process and the roles played in it by government lawyers, defense lawyers, the Commission, and the courts.  The goal is to provide an “insiders” appreciation of how enforcement decision-making occurs, and how it operates as a significant driver in the development of the substantive securities law.  The second part of the course will be a deep dive into substantive areas of the securities law that are particularly shaped by enforcement decision making, including, for example, the prohibitions on insider trading, foreign corrupt practices, financial fraud, market manipulation and the emerging regulation of crypto-currencies.   A consistent theme will be the utility and consequences of developing law through ad hoc enforcement decisions. The professor had a 35-year securities enforcement career that included positions as a senior SEC enforcement official and as a partner in a global law firm representing clients in defense of securities enforcement investigations, and has deep experience with these issues from both perspectives.  

Standard-form agreements purporting to bind consumers and employees are the most common form of contracts that exist in the United States. These contracts often contain provisions like arbitration clauses, exculpatory clauses, non-compete agreements, non-disparagement agreements, liquidated damages clauses, privacy waivers, and more. Each of these contract terms has generated term-specific case law and regulation. Students will learn about these clauses and the applicable law governing their enforceability, while critically evaluating both. The course requires each student to participate in an end-of-term “writer’s workshop,” which in turn requires students to present their ideas to the class. The workshop aims to provide constructive feedback to students on their work product before they submit their final papers.

Standard-form agreements purporting to bind consumers and employees are the most common form of contracts that exist in the United States. These contracts often contain provisions like arbitration clauses, exculpatory clauses, non-compete agreements, non-disparagement agreements, liquidated damages clauses, privacy waivers, and more. Each of these contract terms has generated term-specific case law and regulation. Students will learn about these clauses and the applicable law governing their enforceability, while critically evaluating both. The course requires each student to participate in an end-of-term “writer’s workshop,” which in turn requires students to present their ideas to the class. The workshop aims to provide constructive feedback to students on their work product before they submit their final papers.

This writing seminar considers advanced topics in professional responsibility, meaning the law governing lawyers such as lawyer disciplinary rules and procedures as well as other topics regarding lawyer conduct and liability.    Completing a writing seminar is required for graduation.  A writing seminar serves several purposes. First, a writing seminar develops your advanced research and analytical writing skills. Second, when you present your paper for discussion and discuss other student’s papers, a writing seminar strengthens your oral presentation skills. Third, a writing seminar allows you to work closely with a faculty member and in a small student group. Half your grade will be based on your research paper and half on your oral presentation and class participation.  For class, a copy of Martyn, Fox, & Wendel, The Law Governing Lawyers (2021-2022 Edition), will be useful.   

Professor McCown will help each student pick a topic and develop a thesis; the student will make an oral presentation of their draft paper; then the student will prepare a final draft based on feedback.  Having already taken PR will be helpful. 

Alternative asset classes, particularly hedge funds and private equity funds, play an increasingly central role in the global economy. Total alternative assets under management surpassed $10 trillion in 2020, a more than threefold increase from 2008, and are expected to surpass $17 trillion by 2025. Hedge funds and private equity funds represent approximately 75% of these assets. This explosive growth has been accompanied by an increased institutionalization of the industry, an advanced regulatory environment and a significant rise in public scrutiny.

This course will provide a comprehensive review of the legal and regulatory framework related to hedge fund and private funds, particularly in relation to structuring, documentation, disclosures, tax considerations and compliance.  Areas of focus will include relevant federal securities, tax and pension plan laws, case history and agency actions. This course also will include a critical analysis of related policy issues and topics, including insider trading, environmental/social/governance (ESG) investing, preferential tax treatment, the rise of cryptocurrencies and the economic and societal impacts associated with the alternative investment industry. In addition, the course will analyze the various roles lawyers play throughout the industry.

Alternative asset classes, particularly hedge funds and private equity funds, play an increasingly central role in the global economy. Total alternative assets under management surpassed $10 trillion in 2020, a more than threefold increase from 2008, and are expected to surpass $14 trillion by 2023. Hedge funds and private equity funds represent approximately 75% of these assets. This explosive growth has been accompanied by an increased institutionalization of the industry, an advanced regulatory environment and a significant rise in public scrutiny.

This course will provide a comprehensive review of the legal and regulatory framework related to hedge fund and private funds, particularly in relation to structuring, documentation, disclosures, tax considerations and compliance.  Areas of focus will include relevant federal securities, tax and pension plan laws, case history and agency actions. This course also will include a critical analysis of related policy issues and topics, including insider trading, environmental/social/governance (ESG) investing, preferential tax treatment, the rise of cryptocurrencies and the economic and societal impacts associated with the alternative investment industry. In addition, the course will analyze the various roles lawyers play throughout the industry.

Alternative asset classes, particularly hedge funds and private equity funds, play an increasingly central role in the global economy. Total alternative assets under management surpassed $10 trillion in 2020, a more than threefold increase from 2008, and are expected to surpass $14 trillion by 2023. Hedge funds and private equity funds represent approximately 75% of these assets. This explosive growth has been accompanied by an increased institutionalization of the industry, an advanced regulatory environment and a significant rise in public scrutiny.

This course will provide a comprehensive review of the legal and regulatory framework related to hedge fund and private funds, particularly in relation to structuring, documentation, disclosures, tax considerations and compliance.  Areas of focus will include relevant federal securities, tax and pension plan laws, case history and agency actions. This course also will include a critical analysis of related policy issues and topics, including insider trading, environmental/social/governance (ESG) investing, preferential tax treatment, the rise of cryptocurrencies and the economic and societal impacts associated with the alternative investment industry. In addition, the course will analyze the various roles lawyers play throughout the industry.

One of the defining features of American antidiscrimination law over the past several decades has been the proliferation of grounds on which people have sought legal redress for discrimination. Antidiscrimination claims based on race, sex, and religion remain common, but courts today also confront antidiscrimination claims based on disability, sexual orientation, language skills, weight, and appearance. Moreover, antidiscrimination claims today are not always brought by people traditionally understood to be victims of a particular type of discrimination-white people claim they have been discriminated against on the basis of race, men claim they have been discriminated against on the basis of sex, and beautiful people claim they have been discriminated against on the basis of appearance. Some of these claims have been recognized by courts; others have been rejected. This seminar will examine which forms of discrimination have been outlawed and why the law protects people against some forms of discrimination and not others. Our overarching goal will be to think through the important question of when discrimination is wrong and what the law should do about it.

Thomas Aquinas is regarded by more than a few scholars as one of the two or three greatest philosophers and theologians in Western history, as well as one of the most illuminating students of Augustine and Aristotle.  His Treatise on Law is the locus classicus of the natural law tradition, and indispensable for anyone seriously interested in ethical philosophy, political philosophy, jurisprudence, natural law, or the interaction of faith and reason in each of these areas.  Though it is brief, as treatises go, it is not the sort of book one can browse through in an evening, and requires close reading.  I welcome students from a variety of disciplines.

Written in the form of a scholastic disputation, the Treatise takes up 19 disputed questions, for example whether there is such a thing as natural law and whether one may disobey unjust laws.  We will closely study each of the first eight (qq. 90-97), as well as a few selections from the other eleven (qq, 98-108), taking them up in sequence and in context.  I say “in context” because the Treatise is but a single part of a much larger work, the Summa Theologiae, which takes up a variety of related matters including the ultimate purpose of human life, the nature of human acts, the passions, the virtues, and the vices.  I do not expect you to be familiar with the whole Summa; we will explore the connections as necessary.

The scope of this class is both domestic and international and crosses multiple disciplines and fields of law. The course touches many aspects of the processes of creating art, buying and selling it, using it, or displaying it in a museum. Additionally, the course covers the more nefarious legal issues in art and cultural property, including forgery, theft, illegal movement, and art in war, focusing on art stolen in the Holocaust.