Course Schedule

The germline editing of the human genome will permanently alter our species biologically, in ways large and small. From the standpoint of political, legal, and humanrights theory, our seminar asks: How might a liberal democratic community today—marked by value pluralism and aspiring to tolerance for different normative cultures—best regulate this confluence of rapid developments in genetic science and technology? Our seminar focuses on the promise of gene manipulation to improve human health andreduce human suffering, as well as on the dangers it poses to both human dignity and human nature.

In modern secular societies such as the USA, traditional theological or metaphysical conceptions of human nature and human dignity compete with contemporary alternatives:natural scientific accounts of what our species is, and social scientific accounts of the individual and social importance of treating members with respect and dignity. Thesecontemporary alternatives deploy post-metaphysical notions of human nature (e.g., as a social construct) and post-theological notions of human dignity (e.g., as the decisionalautonomy of future persons, held in trust by the current generation).

Our seminar asks: How might the American legal system, with inputs from expert medical and bioethical opinion as well as from informed public opinion, plausibly regulate some forms and aspects of human genetic engineering in the coming decades? To answer this question, students identify and creatively extrapolate possible resources in state and federal law as well as in human rights theory. They will draw on assigned readings for examples of relevant regulatory issues.

EXPECTED LEARNING OUTCOMES

Students will:

• Enhance research skills;
• Improve writing skills in the scholarly genre;
• Refine analytic skills through careful reading, analysis, and discursive argumentation in defense of an original thesis in the term paper;
• Cultivate the capacity to engage in small-group discussion through in-class presentations and participation;
• Learn about cutting-edge thinking on moral and legal challenges of regulating biotechnologies in general, and particularly the future possible germline editing of our species—one of the most significant challenges for human rights in the twenty-first century.

GRADING POLICY

Requirements:

(a) One paper, no fewer than 30 pages and no more than 50, based on directed and supervised research in the course materials, addressing one or more issues of legalregulation, either current or proposed; and

(b) One in-class PowerPoint presentation of the student’s paper-in-progress.

The paper is due at the end of the semester. Each student has been assigned a date for a PowerPoint presentation (and may swap dates with another student after informing theinstructor). During the semester, the instructor will closely review drafts of the paper (not graded) and provide written and oral suggestions for improvements in substance andstyle. Upload drafts and essay to the seminar’s Canvas site as Word documents (.doc or .docx, never PDF). No late submissions accepted.

Course grade: final paper determines 100%; course grade may be adjusted for quality of weekly classroom participation and in-class presentation. Students receive feedback ontheir paper-in-progress multiple times over the semester, in writing and orally.

A+ 4.30, A 4.00 - 4.29, A- 3.70 - 3.99, B+ 3.30 - 3.69, B 3.00 - 3.29, B- 2.70 - 2.99, C+ 2.30 - 2.69, C 2.00 - 2.29, D 1.70 - 1.99, F 1.30 - 1.69

(c) Also required but not graded: brief weekly responses to questions from the instructor about the week’s assigned reading. Students cannot earn an A without submitting alldiscussion posts on time, as well as both rough drafts of the paper, unless excused on warranted grounds.

(d) Also required but not graded: participation in two debates, and organization (as a Debate Committee member) of two general class discussions, as specified below.

The germline editing of the human genome will permanently alter our species biologically, in ways large and small. From the standpoint of political, legal, and human rights theory, our seminar asks: How might a liberal democratic community today — marked by value pluralism and aspiring to tolerance for different normative cultures — best regulate the confluence of rapid developments in genetic science and  biotechnology? Our seminar focuses on both the promise of gene manipulation to improve human health and reduce human suffering, and on the dangers that gene manipulation poses to various notions of human dignity and various theories of human nature. In modern secular societies such as the USA, traditional theological or metaphysical conceptions of human nature and human dignity compete with contemporary alternatives: with natural scientific accounts of what our species is, and with social scientific accounts of the individual and social importance of treating members with respect and dignity. These contemporary alternatives deploy post-metaphysical notions of human nature (for example, as a social construct) and with post-theological notions of human dignity (for example, as the decisional autonomy of future persons, held in trust by the current generation). Our seminar asks: How might the American legal system (with inputs from expert medical and bioethical opinion as well as from informed public opinion) plausibly configure decisional autonomy of future persons at the point of genetic manipulation? To answer this question, we will identify resources in in state and federal law (and perhaps in human rights theory as well), toward identifying plausible normative standards for the regulation of human gene editing, for today and in the future.

EXPECTED LEARNING OUTCOMES

The student will enhance her research skills; improve her writing skills in the scholarly genre; refine her analytic skills through careful reading, analysis, and discursive argumentation in defense of an original thesis in each of her papers; and cultivate her capacity to engage in small group discussion: in developing and conducting one in-class presentation, and in classroom participation more generally. And she will learn a great deal about cutting-edge thinking on the moral and legal challenges of regulating biotechnologies in general and, in particular, the future possible germline editing of our species —— surely one of the most significant challenges for legal thought in the twenty-first century.

GRADING POLICY

Requirements: one 12-page to 16-page paper (based on directed and supervised research in the course materials, addressing one or more issues of legal regulation, either current or proposed) and one in-class power-point presentation of the student's paper-in-progress. The paper itself is due at the end of the semester; the power-point presentation is due in the course of the semester. Presentation will generate thoughtful, critical feedback from the entire class and should be useful to the student's development of her paper. During the semester, the instructor will closely review two rough-drafts of the paper (not graded) and provide written and oral suggestions for improvements in substance and style. Student will submit one final paper, for a grade, revised in light of the instructor’s comments on the first two drafts.

Course grade: 80% of course grade: evaluation of paper; 20% of course grade: one in-class power-point presentation; course grade adjusted for quality of weekly classroom participation.

The germline editing of the human genome will permanently alter our species biologically, in ways large and small. From the standpoint of political, legal, and human rights theory, our seminar asks: How might a liberal democratic community today — marked by value pluralism and aspiring to tolerance for different normative cultures — best regulate the confluence of rapid developments in genetic science and  biotechnology? Our seminar focuses on both the promise of gene manipulation to improve human health and reduce human suffering, and on the dangers that gene manipulation poses to various notions of human dignity and various theories of human nature. In modern secular societies such as the USA, traditional theological or metaphysical conceptions of human nature and human dignity compete with contemporary alternatives: with natural scientific accounts of what our species is, and with social scientific accounts of the individual and social importance of treating members with respect and dignity. These contemporary alternatives deploy post-metaphysical notions of human nature (for example, as a social construct) and with post-theological notions of human dignity (for example, as the decisional autonomy of future persons, held in trust by the current generation). Our seminar asks: How might the American legal system (with inputs from expert medical and bioethical opinion as well as from informed public opinion) plausibly configure decisional autonomy of future persons at the point of genetic manipulation? To answer this question, we will identify resources in in state and federal law (and perhaps in human rights theory as well), toward identifying plausible normative standards for the regulation of human gene editing, for today and in the future.

EXPECTED LEARNING OUTCOMES

The student will enhance her research skills; improve her writing skills in the scholarly genre; refine her analytic skills through careful reading, analysis, and discursive argumentation in defense of an original thesis in each of her papers; and cultivate her capacity to engage in small group discussion: in developing and conducting one in-class presentation, and in classroom participation more generally. And she will learn a great deal about cutting-edge thinking on the moral and legal challenges of regulating biotechnologies in general and, in particular, the future possible germline editing of our species —— surely one of the most significant challenges for legal thought in the twenty-first century.

GRADING POLICY

Requirements: one 12-page to 16-page paper (based on directed and supervised research in the course materials, addressing one or more issues of legal regulation, either current or proposed) and one in-class power-point presentation of the student's paper-in-progress. The paper itself is due at the end of the semester; the power-point presentation is due in the course of the semester. Presentation will generate thoughtful, critical feedback from the entire class and should be useful to the student's development of her paper. During the semester, the instructor will closely review two rough-drafts of the paper (not graded) and provide written and oral suggestions for improvements in substance and style. Student will submit one final paper, for a grade, revised in light of the instructor’s comments on the first two drafts.

Course grade: 80% of course grade: evaluation of paper; 20% of course grade: one in-class power-point presentation; course grade adjusted for quality of weekly classroom participation.

The germline editing of the human genome will permanently alter our species biologically, in ways large and small. From the standpoint of political, legal, and human rights theory, our seminar asks: How might a liberal democratic community today — marked by value pluralism and aspiring to tolerance for different normative cultures — best regulate the confluence of rapid developments in genetic science and  biotechnology? Our seminar focuses on both the promise of gene manipulation to improve human health and reduce human suffering, and on the dangers that gene manipulation poses to various notions of human dignity and various theories of human nature. In modern secular societies such as the USA, traditional theological or metaphysical conceptions of human nature and human dignity compete with contemporary alternatives: with natural scientific accounts of what our species is, and with social scientific accounts of the individual and social importance of treating members with respect and dignity. These contemporary alternatives deploy post-metaphysical notions of human nature (for example, as a social construct) and with post-theological notions of human dignity (for example, as the decisional autonomy of future persons, held in trust by the current generation). Our seminar asks: How might the American legal system (with inputs from expert medical and bioethical opinion as well as from informed public opinion) plausibly configure decisional autonomy of future persons at the point of genetic manipulation? To answer this question, we will identify resources in in state and federal law (and perhaps in human rights theory as well), toward identifying plausible normative standards for the regulation of human gene editing, for today and in the future.

EXPECTED LEARNING OUTCOMES

The student will enhance her research skills; improve her writing skills in the scholarly genre; refine her analytic skills through careful reading, analysis, and discursive argumentation in defense of an original thesis in each of her papers; and cultivate her capacity to engage in small group discussion: in developing and conducting one in-class presentation, and in classroom participation more generally. And she will learn a great deal about cutting-edge thinking on the moral and legal challenges of regulating biotechnologies in general and, in particular, the future possible germline editing of our species —— surely one of the most significant challenges for legal thought in the twenty-first century.

GRADING POLICY

Requirements: one 12-page to 16-page paper (based on directed and supervised research in the course materials, addressing one or more issues of legal regulation, either current or proposed) and one in-class power-point presentation of the student's paper-in-progress. The paper itself is due at the end of the semester; the power-point presentation is due in the course of the semester. Presentation will generate thoughtful, critical feedback from the entire class and should be useful to the student's development of her paper. During the semester, the instructor will closely review two rough-drafts of the paper (not graded) and provide written and oral suggestions for improvements in substance and style. Student will submit one final paper, for a grade, revised in light of the instructor’s comments on the first two drafts.

Course grade: 80% of course grade: evaluation of paper; 20% of course grade: one in-class power-point presentation; course grade adjusted for quality of weekly classroom participation.

Herman Melville

This seminar examines the work of Herman Melville against the institutional, doctrinal, and jurisprudential landscape of nineteenth-century United States law. Melville wrote during a period of rapid industrialization, expanding federal authority, transformation of commercial and maritime law, and intensifying sectional conflict over slavery and sovereignty—a period in which the meaning of law itself was deeply contested. His fiction does not merely reflect this landscape; it probes it, often with greater analytic precision and moral candor than the legal texts of his day. His work persistently engages questions of authority, obligation, personhood, property, contract, and judgment while subjecting those categories to pressures that formal legal reasoning tends to suppress or displace.

We will read major works including "Bartleby, the Scrivener," "Benito Cereno," "Billy Budd," The Confidence-Man, selections from Moby-Dick, and selected poems, alongside contemporaneous judicial opinions, statutes, and legal treatises addressing admiralty, commercial law, master–servant relations, slavery, martial law, and the emerging bureaucratic state. Particular attention will be given to the formal and rhetorical affinities between literary narrative and legal reasoning: evidentiary uncertainty, interpretive authority, jurisdictional conflict, and the problem of equitable judgment.

In addition to primary legal materials, we will engage foundational and contemporary law-and-literature scholarship across its main methodological strands—"law in literature," "law as literature," and more recent work attentive to race, gender, and institutional violence. Scholars including Robert Cover, Brook Thomas, Gregg Crane, and Wai Chee Dimock will anchor our theoretical discussions. The goal is not merely to illuminate Melville through law, or law through Melville, but to use the encounter between them to think more carefully about interpretation, authority, judgment, and the limits of institutional reason.

The seminar emphasizes close reading of literary and legal texts alike and sustained discussion. It is designed for students interested in American jurisprudence, literature, and legal history, and interdisciplinary legal theory. Requirements include active participation and a substantial research paper.

Morrison and the Law

This seminar explores the intersections of law, race, history, and justice through the literary and nonfiction works of Toni Morrison. A towering figure in American letters, Morrison interrogated the structures of law and justice not only through her fiction but also in her essays, speeches, and public intellectual work. From novels such as The Bluest Eye (1973), Beloved (1987), and Paradise (1998), to essays on Clarence Thomas and Anita Hill, Bill Clinton, and O.J. Simpson, Morrison’s writing offers a profound critique of how law has functioned historically—as both an instrument of racialized control and a site of contested meaning—and invites us to imagine what justice might look like beyond formal legal structures.

Through close readings of Morrison’s novels and essays, alongside legal cases, critical theory, and historical documents, we will explore how legal regimes have shaped the lived experiences of Americans, and how literature can expose, complicate, and resist those regimes. Key themes include slavery and its afterlives, the construction of property and personhood, sexual violence and legal silence, gendered violence, segregation, and the limits of liberal legalism.

Course requirements include a prospectus and annotated bibliography for a research project on Morrison and the law, a class presentation of the project, and preliminary and final drafts of a paper (25-35 pages) on the project.

Exploring Intersections of Legal Theory and Literary Texts

This course delves into the rich intersections between law and literature, exploring how literary texts engage with legal concepts and how legal theory is informed by narrative, metaphor, and cultural representations. Through a multidisciplinary lens, students will critically analyze literary works alongside key legal texts and theoretical frameworks.

The course begins by examining foundational theories of law and literature, tracing the historical development of this interdisciplinary field. Students will then explore thematic connections such as justice, authority, power, ethics, and identity through close readings of selected texts. Literary works from various genres and historical periods will be paired with legal case studies, theoretical essays, and philosophical inquiries to facilitate nuanced discussions and analytical insights.

We will begin by examining foundational theories of law and literature, tracing the historical development of this interdisciplinary field and exploring some of the questions and criticisms that scholars have recently raised as they have sought to justify or reorient the field. With these theoretical frameworks in place, we will next critically analyze literary works and legal texts, emphasizing developing critical thinking skills, honing close reading abilities, and engaging in interdisciplinary inquiry.

Throughout the course, students will engage in seminar-style discussions, participate in collaborative projects, and finish by producing and presenting analytical essays that demonstrate a deep understanding of the complex interplay between law and literature. By exploring how literature reflects, critiques, and shapes legal norms and practices, this course aims to foster a nuanced understanding of law as a cultural and social phenomenon, inviting students to interrogate the boundaries between fact and fiction, legality and justice, and text and context.

Course requirements include a short review (10 pages) of key law-and-literature theoretical texts and a final paper (25-35 pages) for presentation in class.

The seminar will focus on property in law and literature. Fair warning: the course will involve considerable reading. We will read several novels, alongside law review articles and works of literary criticism, that explore the centrality of questions of property in law, literature, and culture. Representative topics include property and personhood, property in persons and things, property rights and the public interest, and property relations, both familial (marriage, primogenture, inheritance) and social. By critically examining how property is conceptualized in law and imagined in literature, we will see how literature uses or responds to legal structures, themes, and analytical techniques, and vice versa. 

Representative literary texts likely to include: Toni Morrison, Beloved; Jane Austen, Pride and Prejudice; Henry James, The Portrait of a Lady; Kate Chopin, The Awakening; E.M. Forster, Howard's End; Zadie Smith, On Beauty.

This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system.  We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York,  “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades.  The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper. 

There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings:  Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).

This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system.  We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York,  “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades.  The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper. 

There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings:  Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).

This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system.  We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York,  “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades.  The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper. 

There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings:  Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).

This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system.  We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York,  “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades.  The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper. 

There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings:  Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).

This seminar will examine the evolution, future, and unique problems posed by the "mega-settlement" in modern American law. Over the past 40 years, American courts and lawyers have been increasingly challenged by the special difficulties presented by the litigation of mass torts, such as those involving the BP oil spill, Vioxx, asbestos, Agent Orange, the 9/11 attacks, and Roundup. The high-stakes, multibillion dollar settlements of nationwide litigation involving thousands of plaintiffs have forced attorneys (for both the plaintiffs and defendants) and the courts to rethink notions of individual justice, and the zealous and ethical representation of clients. Some of the topics to be covered include: the variety of structures for resolving mass tort litigation, including the "quasi-class action"; the changing role of the court and the proper limits on judicial power; ethical issues confronting attorneys (for both plaintiffs and defendants); how best to compensate attorneys (for both plaintiffs and defendants); and various proposals for reform.

Students should not sign up for this seminar if they do not expect to be able to attend all seminar meetings.

Pre-requisites: Professional Responsibility, which may be taken during the same semester.

Requirements: Research paper (20-25 pages) and three short (3 page) "response" papers on the weekly reading assignment.

In this Course, we will explore the concept of "mercy," defined both as inter-personal forgiveness and as 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. We will also read one or two books/memoirs as case studies in mercy.   

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).

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.

This seminar will explore the legal and institutional conflicts that arise among federal, state, local, and sub-local governments in the United States. We will consider how constitutional structure, statutory design, and intergovernmental politics shape the allocation of authority across these levels of government, with particular attention to doctrines such as preemption, anti-commandeering, and home rule.

We will explore how these questions emerge in a range of contemporary settings—ranging from state and local implementation of federal regulatory programs, to state takeovers of local institutions. Throughout, we will consider the role of courts, legislatures, executives, and administrative agencies in structuring and mediating these disputes. Readings will include judicial opinions, statutes, scholarly articles, government reports, and selected policy materials.

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.