Course Schedule

Various sports can be seen as comprising distinct legal systems. Each sport, after all, has its own set of rules, many of which are written and some of which are unwritten. Sports thus present an array of issues that are worthy subjects for legal analysis. And since each sport has its own set of rules, sports are a ripe subject for comparative law analysis. We can look at how similar issues are addressed across different sports. 

Some issues present questions that are readily identifiable as legal in nature. The writing of a particular rule (say, what is a “catch” in football?  in baseball?) requires legal skills. More generally, how should the rule makers decide whether a standard be used (e.g., unnecessary delay) as opposed to a more objective measure (e.g., 25 seconds to serve in tennis); or whether a rule should include a state of mind requirement? What should the standard of review be for replay officials? Should replay even be allowed? If so, when? Should officials be given discretion (like prosecutors) in whether to call a penalty? Should the rules be applied at the end of the game the same as at the beginning?

Other issues are not so obvious. Rule violations have consequences (e.g., runner advances a base, five-yard penalty, free throw). Is it helpful to think of these as the cost of an infraction (think, breach of contract) or a sanction (think, criminal law)? What turns on this? Should a sport employ a no-harm, no-consequence regime or impose a cost/sanction regardless of whether there is any harm (e.g., free throw after a made shot in basketball)? How do we/should we think about gamesmanship, cheating, and sportsmanship? Should there be rules about the use of performance-enhancing drugs? If so, what is a performance-enhancing drug? And there’s lots more.

Grades for the seminar will be based on class presentations, participation in class discussion, and a substantial written paper.

The Endangered Species Act has been labeled "the pit bull of environmental statutes" because of the strong legal protection it provides to imperiled plants and animals. But over 50 years after its near-unanimous passage by Congress, the Act is a lightning rod for controversy. It is often criticized by developers for causing delays and higher costs, and by environmentalists for failing to live up to its full potential. The National Environmental Policy Act has morphed from an almost-universally praised "common sense" law intended to encourage federal agencies to "look before they leap" into a widely criticized, process-laden behemoth that environmental advocates and developers alike agree should be amended. This seminar will explore the records of the ESA and NEPA and the extent to which each hinders (or not) economic development in the United States. We will focus on the key legal issues associated with implementation of the laws and examine the unique challenges they face when addressing modern environmental threats, such as biodiversity loss and climate change. We will read the statutes, relevant cases, and regulations, and articles that discuss the use of the ESA and NEPA by advocates whose motives are not always aligned with the goals of the laws. During the last several weeks of class, students will present their seminar papers on topics related to the ESA and NEPA. Students may choose to develop papers about a range of relevant subjects, including the challenges of balancing species protection with economic development, the tensions between federal and state/local control over activities that affect species, and the track record of past administrative efforts to update/reform the ESA's and NEPA's implementation.

This seminar will focus on cutting-edge research in law and economics. In most of the classes, we will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

This seminar will focus on cutting-edge research in law and economics. In most of the classes, we will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

his seminar will focus on cutting-edge research in law and economics. In most of the classes, I will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

This seminar will focus on cutting-edge research in law and economics. In most of the classes, I will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

This seminar will focus on cutting-edge research in law and economics. In most of the classes, I will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

This seminar will focus on cutting-edge research in law and economics. In most of the classes, I will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

This seminar will focus on cutting-edge research in law and economics. In most of the classes, I will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

The seminar will be a study of Ronald Dworkin's theory of law and its critics. Dworkin is one of the most influential thinkers in Anglo-American political and legal philosophy of the past half century. The study will concentrate on Dworkin’s masterwork Law’s Empire and (time permitting) will examine his later work Justice for Hedgehogs.

The legal system of a liberal democracy properly works to secure for all who are subject to its authority the blessings of liberty.  This seminar will be a study of different conceptions and theories of the liberty that such legal systems are supposed to secure.  Among the different conceptions the study will cover are those of negative liberty, positive liberty, and civic republican liberty, and it will cover in association with these the theories of classical liberalism, welfare state liberalism, and civic humanism.  The readings and seminar discussions will focus on both conceptual questions about the nature of these different types of individual liberty and normative questions about which type or types ought a legal system of a liberal democracy secure and, if it ought to secure more than one, in what contexts ought one or another be given greater priority.  Should freedom of contract, for example, prevail over freedom from exploitative labor practices?

This course will be a survey of different topics in legal philosophy and constitutional theory. It will be organized around a series of six workshops each featuring a different scholar, who will present and discuss his or her work. The class will also meet during the weeks when there are no workshops. At those meetings, we will read and discuss materials on the topic of the next scheduled workshop in preparation  for its discussion, and we will also extend the discussions of the previous workshop through short presentations by the members of the class. Written coursework will consist of two papers, each of which will be a critical discussion of ideas presented in one or more of the six workshop papers and discussions.

This course will be a survey of different topics in legal philosophy and constitutional theory. It will be organized around a series of six workshops each featuring a different scholar, who will present and discuss his or her work. The class will also meet during the weeks when there are no workshops. At those meetings, we will read and discuss materials on the topic of the next scheduled workshop in preparation  for its discussion, and we will also extend the discussions of the previous workshop through short presentations by the members of the class. Written coursework will consist of two papers, each of which will be a critical discussion of ideas presented in one or more of the six workshop papers and discussions.

This course will be a survey of different topics in legal philosophy and constitutional theory. It will be organized around a series of six workshops each featuring a different scholar, who will present and discuss his or her work. The class will also meet during the weeks when there are no workshops. At those meetings, we will read and discuss materials on the topic of the next scheduled workshop in preparation  for its discussion, and we will also extend the discussions of the previous workshop through short presentations by the members of the class. Written coursework will consist of two papers, each of which will be a critical discussion of ideas presented in one or more of the six workshop papers and discussions.

This is a colloquium-style writing seminar on contemporary issues in American law and politics. Most of the sessions will take the form of a workshop in which a leading scholar in law or political science, typically from another University, will present a work-in-progress. Students will be required to provide written critiques (roughly 5-10 pages) of these projects that will typically be provided to the presenting scholar, and will receive intensive personal feedback from both professors on how to improve their writing and critical analysis.

Law and Religion in the Modern Middle East is a seminar that examines the laws that govern religion and religious expression in Middle Eastern national constitutions, with a special focus on both the free exercise and establishment clause of Islam as the religion of the state. We shall analyze emerging legal understandings of authority and rights, and explore the interconnections of “religion” and “law”—as traditions of thought as well as sets of practices, modes of relation as well as constellations of values. In this seminar, we will consider what counts as religion for constitutional and legal purposes. Participants will be expected to read academic legal commentary on the formulations of religion in the modern Middle East. The seminar will provide extensive case-law from lower and higher courts addressing issues that affect Muslims, Christians, Jews, and other faith communities. To better situate the classroom discussions, students will read historical, anthropological, and sociological studies on the topics of family law, international religious freedom law, and leading religions’ doctrines and teachings concerning religious freedom.

Law and Religion in the Modern Middle East is a seminar that examines the laws that govern religion and religious expression in Middle Eastern national constitutions, with a special focus on both the free exercise and establishment clause of Islam as the religion of the state. We shall analyze emerging legal understandings of authority and rights, and explore the interconnections of “religion” and “law”—as traditions of thought as well as sets of practices, modes of relation as well as constellations of values. In this seminar, we will consider what counts as religion for constitutional and legal purposes. Participants will be expected to read academic legal commentary on the formulations of religion in the modern Middle East. The seminar will provide extensive case-law from lower and higher courts addressing issues that affect Muslims, Christians, Jews, and other faith communities. To better situate the classroom discussions, students will read historical, anthropological, and sociological studies on the topics of family law, international religious freedom law, and leading religions’ doctrines and teachings concerning religious freedom.

This seminar explores the ways in which American constitutional and statutory law constructs and regulates sexuality and gender. Topics covered will include the appropriate level of judicial review for sexual orientation and gender identity classifications and (2) the extent to which discrimination on either basis constitutes discrimination “because of sex” under the Equal Protection Clause and Title VII of the Civil Rights Act of 1964. We will also explore discrimination in healthcare, education, and public accommodations. We will evaluate the invocation of first amendment protections in the struggle for and against LGBTQ equality. Students are expected to participate actively in each week’s discussion, to submit periodic reading questions, and to complete original research which may take the form of a law story in the model of the Law Stories Series from West Academic Press or a traditional research paper.

This seminar will cover major legal and philosophical issues surrounding parentage. For example, we will examine the normative and historical grounding for parental rights, and apply the lessons learned to current questions about the robustness of parental rights when they conflict with a) the potential rights of children or b) the interests of the state. The seminar will also cover the logically prior question of who is a parent? Here, the seminar will delve into the bioethics and philosophical literature on why genetic parents are the default legal parents, and under what circumstances this default should change. We will also examine current law, including various recent legal developments on de facto parentage and disestablishing paternity, to uncover implicit judgments current law makes about the nature of parentage. Other questions that the seminar will address include: Can/Should the government require potential parents to obtain a license before becoming legal parents? What is the proper balance of power in the state-parent-child triad? What are the ethical dimensions of the decision to have children? What obligations might grown children owe to their parents?

This seminar will cover major legal and philosophical issues surrounding parentage. For example, we will examine the normative and historical grounding for parental rights, and apply the lessons learned to current questions about the robustness of parental rights when they conflict with a) the potential rights of children or b) the interests of the state. The seminar will also cover the logically prior question of who is a parent? Here, the seminar will delve into the bioethics and philosophical literature on why genetic parents are the default legal parents, and under what circumstances this default should change. We will also examine current law, including various recent legal developments on de facto parentage and disestablishing paternity, to uncover implicit judgments current law makes about the nature of parentage. Other questions that the seminar will address include: Can/Should the government require potential parents to obtain a license before becoming legal parents? What is the proper balance of power in the state-parent-child triad? What are the ethical dimensions of the decision to have children? What obligations might grown children owe to their parents?

Despite federalized standards, much health and environmental protection is ultimately local in nature. This is where the actual exposures and inequities occur. This is where activities that pollute and alter the natural environment take place. And this is where we also see some of the greatest forward strides in sustainability and innovation that outpace federal programs. Yet despite the pivotal role of local (and state) government as both the source and solution to environmental and public health problems, its role has not received systematic study within the law. This exploratory seminar seeks to synthesize the pockets of existing research to develop a clearer understanding of the role and future potential of local government in advancing environmental and health protection.

This three credit seminar course will focus on the environmental impacts and resulting political, legal and international issues arising from the exploration, development, production, transportation and delivery of energy sources. The development and use of every source of energy has environmental, economic and political impacts. The election of President Trump presented a major change in the direction of US energy and environmental policy with significant national, state and international effects. To effectively grapple with these issues, students will first gain a general knowledge of the primary energy sources and environmental impacts of national and world wide energy production through a survey format. Topics will include environmental, political and geo-political impacts of oil and gas exploration and production, the mining and production of "rare earth minerals", coal fired generation, solar, wind and nuclear power. The course will then transition into the development of a basic knowledge of the legal and administrative structure of Federal and Texas energy and environmental law.  Using the historical background of domestic and foreign energy development and environmental success, failure, disasters and crisis, we will analyze the issues, conflicts and litigation certain to follow the Trump administration policy changes. The course will also focus on the primary energy sources utilized in Texas and specifically analyze the causes, impacts and resulting policy changes of the winter storm of 2021. Students will have an opportunity to utilize the Texas regulatory and legal structure to develop a knowledge of the basic framework of State authority and the conflicts and interplay between State and Federal law. The course is designed to be flexible enough to evaluate current topics such as the issues involved in the impending litigation over the repeals of the "Endangerment Finding" and the "California Waiver" under the Clean Air Act. Time permitting, the course will focus on various specific energy development projects, with some emphasis on Texas and the Gulf Coast, to gain a practical understanding of the legal and administrative processes involved in dealing with environmental consequences of energy production and delivery. Finally, we will delve into the myriad foreign policy issues and conflicts involved in energy production and climate change policies.  Students will complete the semester by writing and presenting a seminar paper.

This three credit seminar course will focus on the environmental impacts and resulting political, legal and international issues arising from the exploration, development, production, transportation and delivery of energy sources. The development and use of every source of energy has environmental, economic and political impacts. The election of President Trump presents a major change in the direction of US energy and environmental policy with significant national, state and international effects. To effectively grapple with these issues, students will first gain a general knowledge of the primary energy sources and environmental impacts of national and world wide energy production through a survey format. Topics will include environmental, political and geo-political impacts of oil and gas exploration and production, the mining and production of "rare earth minerals", coal fired generation, solar, wind and nuclear power. The course will then transition into the development of a basic knowledge of the legal and administrative structure of Federal and Texas energy and environmental law.  Using the historical background of domestic and foreign energy development and environmental success, failure, disasters and crisis, we will analyze the issues, conflicts and litigation certain to follow the Trump administration policy changes. The course will also focus on the primary energy sources utilized in Texas and specifically analyze the causes, impact and resulting policy changes of the winter storm of 2021. Students will have an opportunity to utilize the Texas regulatory and legal structure to develop a knowledge of the basic framework of State authority and the conflicts and interplay between State and Federal law. We will work through the issues involved in regulation of fuels for mobil sources, specifically the impending litigation over the California waiver under the Clean Air Act and the effects on EV adoption. Time permitting, the course will focus on various specific energy development projects, with some emphasis on Texas and the Gulf Coast, to gain a practical understanding of the legal and administrative processes involved in dealing with environmental consequences of energy production and delivery. Finally, we will delve into the myriad foreign policy issues and conflicts involved in energy production and climate change policies.  Students will complete the semester by writing and presenting a seminar paper.

In my usage, “legal liberalism” refers to a jurisprudential position on the content and structure of valid legal argument in a society that is committed to instantiating a liberal conception of justice.  I believe that the United State is such a society, know that post-World-War-II Germany is such a society, and think that many other countries are so as well.  Legal liberalism claims that in such societies arguments that examine the concrete extensions of liberalism (of its placing a lexically-highest value on those moral-rights bearers for whom it is responsible being treated with appropriate, equal respect and concern) are not only generically legally valid but are dominant.  Such arguments are dominant in the sense that (1) they control both the legal validity of other modes of argument that legal actors have used to identify the answer to legal-rights questions that are correct, not incorrect, or wrong as a matter of law and the variants of these other modes of legal argument that are valid and (2) with one limited exception, they determine the answer to any legal-rights question to which they are applicable that is correct as a matter of law.

The writing seminar will begin by discussing various moral concepts and delineating two philosophically-informed empirical protocols for identifying respectively the moral category to which a particular society belongs and the moral norm to whose instantiation a particular society of moral integrity is committed.  It will then consider the abstract definition and extensions of liberalism and various non-liberal conceptions of the moral good.  After that, the course will examine the implications of liberalism for the resolution of various contract-law, tort-law, property-law, civil-procedure-law, antitrust-law, and constitutional-law issues in a liberal-moral-rights-based-society.  It will also address various alternative positions on the content and structure of valid legal argument in the U.S. that have been taken by U.S. legal scholars and judges.

Course grades will primarily be based on a paper that students will have to submit by the end of the exam period.  The Lecturer may revise upward the grade of any student whose class-participation was particularly valuable. The paper for this seminar can either (1) analyze in detail the jurisprudential assumptions that teachers of one or two courses they have taken were making and/or that the authors of the textbooks and scholarly articles that were assigned in these courses were making or (2) address from a liberal perspective one or more legal-rights claims and/or their treatment by U.S. judges and legal scholars. Student who choose to write the second type of paper will have to secure advanced approval of the proposed paper from the Lecturer. Students will be expected to submit a draft of their paper no later than three weeks before the end of classes. The Lecturer will then discuss with each student his or her draft.